reglab/housing_qa huggingface dataset:
MN Stat § 117.115 (2021)
2021 Minnesota Statutes|Chapters 117 - 119 — Eminent Domain; Local Depositories And Investments|Chapter 117 — Eminent Domain|Section 117.115 — Report, Notice.

117.115 REPORT, NOTICE. Subdivision 1. Fees and disbursements. The commissioners shall, after notice to the petitioner, file their report with the court administrator of district court and the petitioner shall pay the commissioners their fees and disbursements. The court shall determine any dispute concerning the fees and disbursements. Subd. 2. Notification. Within ten days after the date of the filing of the report of commissioners, the petitioner shall notify the following listed persons, by mail, of the filing of the report of commissioners setting forth the date of filing of the report, the amount of the award, and all the terms and conditions thereof as the same pertain to the respondent or party listed: (1) each respondent listed in the petition as having an interest in any parcel described in the report; (2) each other party to the proceeding whose appearance has been noted by the court in its order approving the petition under section 117.075; and (3) each respondent's attorney. Such notification shall be addressed to the last known post office address of each person notified. Notice of the filing of the report need not be given to parties initially served by publication under section 117.055. The petitioner shall file with the court administrator an affidavit of mailing of the notice, setting forth the names and addresses of all the persons so notified. History:  1971 c 595 s 14; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 1995 c 106 s 2
MN Stat § 117.125 (2021)
2021 Minnesota Statutes|Chapters 117 - 119 — Eminent Domain; Local Depositories And Investments|Chapter 117 — Eminent Domain|Section 117.125 — Deposit In Court.

117.125 DEPOSIT IN COURT. Where the residence of a party is unknown, or the party is an infant or other person under legal disability, or being legally capable, refuses to accept payment, or if for any reason it is doubtful to whom any award should be paid, the petitioner may pay the same to the court administrator of district court, to be paid out under the direction of the district court; and unless an appeal is taken, as hereinafter provided, such deposit with the court administrator shall be deemed a payment of the award. The award when deposited shall not draw interest from the date of deposit. History:  1971 c 595 s 15; 1986 c 444; 1Sp1986 c 3 art 1 s 82
MN Stat § 117.135 (2021)
2021 Minnesota Statutes|Chapters 117 - 119 — Eminent Domain; Local Depositories And Investments|Chapter 117 — Eminent Domain|Section 117.135 — Taxes And Assessments.

117.135 TAXES AND ASSESSMENTS. Subdivision 1. Payment of taxes and assessments on acquired property. In all eminent domain proceedings taxes and assessments imposed upon the acquired property shall be compensated for as provided by section 272.68, except the state Transportation Department, as the acquiring authority, shall pay all taxes, including all unpaid special assessments and future installments thereof, as provided in subdivision 2. Subd. 2. Payment of taxes and assessments on property acquired by Department of Transportation. When the state Transportation Department acquires a fee interest in property before forfeiture, by any means, provision must be made to pay all taxes, including all unpaid special assessments and future installments thereof, unpaid on the property at the date of acquisition. For the purpose of this section, the date of acquisition shall be either the date on which the department enters into a written agreement to purchase the property or, in cases of condemnation, the date of acquisition shall be the date of the award of the court-appointed commissioners; except where the provisions of section 117.042 are exercised and apply, in which case the date of acquisition will be the date on which the state Transportation Department is entitled to take possession. Taxes lawfully levied shall not be abated. This subdivision shall not be construed to require the payment of accrued taxes and unpaid assessments on the acquired property which exceed the fair market value thereof. The state Transportation Department in acquiring property may make provisions for the apportionment of the taxes and unpaid assessments if less than a complete parcel or tract is acquired. If such accrued taxes and unpaid assessments are not paid as hereinabove required, then the county auditor of the county in which the acquired property is located shall notify the commissioner of management and budget of the pertinent facts, and the commissioner of management and budget shall divert an amount equal to such accrued taxes and unpaid assessments from any funds which are thereafter to be distributed by the commissioner of management and budget to the state Transportation Department from the trunk highway fund, and shall pay over such diverted funds to the county treasurer of the county in which the acquired property is located in payment of such accrued taxes and unpaid assessments. Subd. 3. Occupation of property after acquisition; leasing. If the state Transportation Department permits a person or business to occupy a property for a period of more than 120 days after the date of acquisition, the department shall thereafter charge a reasonable rental therefor in accordance with the provisions of section 161.23, subdivision 3. History:  1971 c 595 s 16; 1973 c 492 s 14; 1973 c 543 s 1; 1976 c 166 s 7; 2003 c 112 art 2 s 50; 2009 c 101 art 2 s 109
MN Stat § 117.145 (2021)
2021 Minnesota Statutes|Chapters 117 - 119 — Eminent Domain; Local Depositories And Investments|Chapter 117 — Eminent Domain|Section 117.145 — Appeal: Deadline, Notice, Service, Contents; By Other Parties.

117.145 APPEAL: DEADLINE, NOTICE, SERVICE, CONTENTS; BY OTHER PARTIES. At any time within 40 days from the date that the report has been filed, any party to the proceedings may appeal to the district court from any award of damages embraced in the report, or from any omission to award damages, by: (1) filing with the court administrator a notice of such appeal, and (2) serving by mail a copy of such notice on all respondents and all other parties to the proceedings having an interest in any parcel described in the appeal who are shown in the petitioner's affidavit of mailing, required by section 117.115, subdivision 2, as having been mailed a notice of the report of the commissioners. If any notice of appeal is filed, any other party may appeal within 50 days from the date that the report was filed by: (1) filing with the court administrator a notice of the appeal; and (2) serving the notice of appeal by mail, as provided in this section. Service by mail is deemed effective upon deposit of the notice in the United States mail, by first class mail, with postage prepaid, and addressed to each person served at the address shown in the petitioner's affidavit of mailing required by section 117.115, subdivision 2. Proof of service by mail of a notice of appeal shall be filed with the court administrator promptly following the mailing of any notice of appeal. The notice of appeal shall specify the particular award or failure to award appealed from, the nature and amount of the claim, the land to which it relates, and grounds of the appeal, and if applicable, the notice required in section 117.086. History:  1971 c 595 s 18; 1Sp1986 c 3 art 1 s 82; 1995 c 106 s 3
MN Stat § 117.155 (2021)
2021 Minnesota Statutes|Chapters 117 - 119 — Eminent Domain; Local Depositories And Investments|Chapter 117 — Eminent Domain|Section 117.155 — Payments; Partial Payment Pending Appeal.

117.155 PAYMENTS; PARTIAL PAYMENT PENDING APPEAL. Except as otherwise provided herein payment of damages awarded may be made or tendered at any time after the filing of the report; and the duty of the petitioner to pay the amount of any award or final judgment upon appeal shall, for all purposes, be held and construed to be full and just compensation to the respective owners or the persons interested in the lands. If either the petitioner or any respondent appeals from an award, the respondent or respondents, if there is more than one, except encumbrancers having an interest in the award which has been appealed, may demand of the petitioner a partial payment of the award pending the final determination thereof, and it shall be the duty of the petitioner to comply with such demand and to promptly pay the amount demanded but not in excess of an amount equal to three-fourths of the award of damages for the parcel which has been appealed, less any payments made by petitioner pursuant to section 117.042; provided, however, that the petitioner may by motion after due notice to all interested parties request, and the court may order, reduction in the amount of the partial payment for cause shown. If an appeal is taken from an award the petitioner may, but it cannot be compelled to, pay the entire amount of the award pending the final determination thereof. If any respondent or respondents having an interest in the award refuses to accept such payment the petitioner may pay the amount thereof to the court administrator of district court to be paid out under direction of the court. A partial or full payment as herein provided shall not draw interest from the condemner from the date of payment or deposit, and upon final determination of any appeal the total award of damages shall be reduced by the amount of the partial or full payment. If any partial or full payment exceeds the amount of the award of compensation as finally determined, upon petitioner's motion, final judgment must be entered in the condemnation action in favor of the petitioner in the amount of the balance owed to the petitioner and is recoverable within the original condemnation action. History:  1971 c 595 s 19; 1980 c 607 art 19 s 2; 1Sp1986 c 3 art 1 s 82; 1997 c 231 art 16 s 3
MN Stat § 117.165 (2021)
2021 Minnesota Statutes|Chapters 117 - 119 — Eminent Domain; Local Depositories And Investments|Chapter 117 — Eminent Domain|Section 117.165 — Jury Trials; Disclosure.

117.165 JURY TRIALS; DISCLOSURE. Subdivision 1. Appeal. In all eminent domain proceedings where an appeal is taken to the district court from the award of commissioners, the owner or the petitioner shall be entitled to a jury trial. Subd. 2. Disclosure of witnesses, appraisals of damages. In the event of an appeal from the award of commissioners, and upon written demand by a party, the other party shall disclose under oath in writing within 15 days the appraisal witnesses the disclosing party proposes to call on its behalf at trial, and the amount of their appraisals of the damages. The demand shall be deemed continuing. Subd. 3. Failure to disclose. A party shall not be permitted at the trial, except for just cause shown, to use any expert witness on the matter of damages whose name, address and appraisal was not disclosed to the other party following a written demand. History:   1971 c 595 s 20
MN Stat § 117.175 (2021)
2021 Minnesota Statutes|Chapters 117 - 119 — Eminent Domain; Local Depositories And Investments|Chapter 117 — Eminent Domain|Section 117.175 — Trial, Burden Of Proof, Costs.

117.175 TRIAL, BURDEN OF PROOF, COSTS. Subdivision 1. Trial. Such appeal may be noticed for trial and tried except as herein otherwise provided as in the case of a civil action and the court may direct that issues be framed, and require other parties to be joined and to plead therein when necessary for the proper determination of the questions involved. The owners shall go forward with the evidence and have the burden of proof as in any other civil action, with the right to open and close. The court or jury trying the case shall reassess the damages de novo and apportion the same as the evidence and justice may require. Upon request of a party to such appeal, the jury or court shall show in the verdict or order the amount of the award of damages which is to reimburse the owner for the land taken and the amount of the award of damages, if any, which is to reimburse the owner for damages to the remainder tract not taken whether or not described in the petition. The amounts awarded to each person shall also be shown separately. A commissioner in a condemnation proceeding may be called by any party as a witness to testify as to the amount and the basis of the award of commissioners and may be examined and qualified as any other witness. Subd. 2. Fees, costs, and disbursements. The court may, in its discretion, after a verdict has been rendered on the trial of an appeal, allow as taxable costs reasonable expert witness and appraisal fees of the owner, together with the owner's reasonable costs and disbursements. No expert witness fees, costs or disbursements shall be awarded to the petitioner regardless of who is the prevailing party. History:   1971 c 595 s 21
MN Stat § 117.184 (2021)
2021 Minnesota Statutes|Chapters 117 - 119 — Eminent Domain; Local Depositories And Investments|Chapter 117 — Eminent Domain|Section 117.184 — Compensation For Removal Of Legal Nonconforming Use.

117.184 COMPENSATION FOR REMOVAL OF LEGAL NONCONFORMING USE. (a) Notwithstanding any law to the contrary, an ordinance or regulation of a political subdivision of the state or local zoning authority that requires the removal of a legal nonconforming use as a condition or prerequisite for the issuance of a permit, license, or other approval for any use, structure, development, or activity constitutes a taking and is prohibited without the payment of just compensation. This section does not apply if the permit, license, or other approval is requested for the construction of a building or structure that cannot be built without physically moving the nonconforming use. (b) This section applies to an action of a political subdivision of the state or a local zoning authority occurring on or after May 20, 2006, that requires removal of a legal nonconforming use as a condition or prerequisite for the issuance of a permit, license, or other approval. History:   2006 c 214 s 10
MN Stat § 117.185 (2021)
2021 Minnesota Statutes|Chapters 117 - 119 — Eminent Domain; Local Depositories And Investments|Chapter 117 — Eminent Domain|Section 117.185 — Judgment.

117.185 JUDGMENT. Judgment shall be entered upon the verdict or decision, fixing the amount of damages payable to the several parties concerned and the terms and conditions of the taking and, until reversed or modified in a direct proceeding begun for that purpose, the judgment shall be binding upon the petitioner and all other parties thereto and upon their respective successors and assigns. The parties may stipulate in lieu of entry of judgment. History:   1971 c 595 s 22
MN Stat § 117.187 (2021)
2021 Minnesota Statutes|Chapters 117 - 119 — Eminent Domain; Local Depositories And Investments|Chapter 117 — Eminent Domain|Section 117.187 — Minimum Compensation.

117.187 MINIMUM COMPENSATION. When an owner must relocate, the amount of damages payable, at a minimum, must be sufficient for an owner to purchase a comparable property in the community and not less than the condemning authority's payment or deposit under section 117.042, to the extent that the damages will not be duplicated in the compensation otherwise awarded to the owner of the property. For the purposes of this section, "owner" is defined as the person or entity that holds fee title to the property. History:   2006 c 214 s 12
MN Stat § 117.188 (2021)
2021 Minnesota Statutes|Chapters 117 - 119 — Eminent Domain; Local Depositories And Investments|Chapter 117 — Eminent Domain|Section 117.188 — Limitations.

117.188 LIMITATIONS. The condemning authority must not require the owner to accept as part of the compensation due any substitute or replacement property. The condemning authority must not require the owner to accept the return of property acquired or any portion of the property. History:   2006 c 214 s 13
MN Stat § 117.189 (2021)
2021 Minnesota Statutes|Chapters 117 - 119 — Eminent Domain; Local Depositories And Investments|Chapter 117 — Eminent Domain|Section 117.189 — Public Service Corporation Exceptions.

117.189 PUBLIC SERVICE CORPORATION EXCEPTIONS. (a) Sections 117.031; 117.036; 117.055, subdivision 2, paragraph (b); 117.186; 117.187; 117.188; and 117.52, subdivisions 1a and 4, do not apply to the use of eminent domain authority by public service corporations for any purpose other than construction or expansion of: (1) a high-voltage transmission line of 100 kilovolts or more, or ancillary substations; (2) a natural gas, petroleum, or petroleum products pipeline, or ancillary compressor stations or pumping stations; or (3) a light rail transit or bus rapid transit line. (b) For purposes of an award of appraisal fees under section 117.085, the fees awarded may not exceed $1,500 for all types of property except for a public service corporation's use of eminent domain for: (1) a high-voltage transmission line, where the award may not exceed $3,000; and (2) a light rail transit or bus rapid transit line, where the award shall be as provided in section 117.085. (c) For purposes of this section, "pipeline" does not include a natural gas distribution line transporting gas to an end user. History:  2006 c 214 s 14; 2009 c 110 s 3; 2010 c 288 s 1; 1Sp2017 c 3 art 3 s 3
MN Stat § 117.195 (2021)
2021 Minnesota Statutes|Chapters 117 - 119 — Eminent Domain; Local Depositories And Investments|Chapter 117 — Eminent Domain|Section 117.195 — Interest; Award, When Payable; Dismissal; Costs.

117.195 INTEREST; AWARD, WHEN PAYABLE; DISMISSAL; COSTS. Subdivision 1. Award; interest. All damages allowed under this chapter, whether by the commissioners or upon appeal, shall bear interest from the time of the filing of the commissioner's report or from the date of the petitioner's possession whichever occurs first. The rate of interest shall be determined according to section 549.09. If the award is not paid within 70 days after the filing, or, in case of an appeal within 45 days after final judgment, or within 45 days after a stipulation of settlement, the court, on motion of the owner of the land, shall vacate the award and dismiss the proceedings against the land. Subd. 2. Costs. When the proceeding is dismissed for nonpayment or discontinued by the petitioner, the owner may recover from the petitioner reasonable costs and expenses including attorneys' fees. In the discretion of the court, the owner may also recover from the petitioner reasonable costs and expenses, including attorneys' fees, if a condemnation proceeding is dismissed because a court has held that condemnation shall not lie based on a challenge made under the Minnesota Environmental Rights Act. If the court awards costs and expenses, including attorneys' fees, and if the condemnation proceeding is part of a project or proposal which has received an environmental review pursuant to the Minnesota Environmental Policy Act, or siting or routing selection pursuant to chapter 216E, the costs and expenses, including attorney fees, shall be paid by the governmental unit responsible for the review or selection. History:  1971 c 595 s 23; 1982 c 601 s 1; 1984 c 654 art 3 s 49
MN Stat § 117.205 (2021)
2021 Minnesota Statutes|Chapters 117 - 119 — Eminent Domain; Local Depositories And Investments|Chapter 117 — Eminent Domain|Section 117.205 — Final Certificate.

117.205 FINAL CERTIFICATE. Upon completion of the proceedings the attorney for the petitioner shall make a certificate describing the land taken and the purpose or purposes for which taken, and reciting the fact of final payment of all awards or judgments in relation thereto, which certificate shall be filed with the court administrator and a certified copy thereof filed for record with the county recorder; which record shall be notice to all parties of the title of the petitioner to the lands therein described. History:  1971 c 595 s 24; 1975 c 175 s 1; 1976 c 181 s 2; 1Sp1986 c 3 art 1 s 82
MN Stat § 117.21 (2021)
2021 Minnesota Statutes|Chapters 117 - 119 — Eminent Domain; Local Depositories And Investments|Chapter 117 — Eminent Domain|Section 117.21 — Easement May Include Snow Fences.

117.21 EASEMENT MAY INCLUDE SNOW FENCES. When the right to establish a public road is acquired by the state, or by any of its agencies or political subdivisions, there may be included in the easement so acquired the power to erect and maintain temporary snow fences as required upon lands adjoining the highway part of which lands have been taken for road purposes. If included, the right to erect and maintain such fences shall be considered in awarding damages, and any award shall be conclusively presumed to include the damages, if any, caused by the right to erect and maintain such fences. History:  (6557-4) 1929 c 396 s 1; 1998 c 403 s 3
MN Stat § 117.215 (2021)
2021 Minnesota Statutes|Chapters 117 - 119 — Eminent Domain; Local Depositories And Investments|Chapter 117 — Eminent Domain|Section 117.215 — Estate Acquired.

117.215 ESTATE ACQUIRED. In all cases for the condemnation of property for public use, the right, interest, or estate in the property proposed to be taken, if greater than an easement, shall be specifically described in the proceedings, and, if the right, interest, or estate so described shall be a fee simple absolute, the fee simple absolute shall be an estate without any right of reversion under any circumstances. History:   1971 c 595 s 25
MN Stat § 117.225 (2021)
2021 Minnesota Statutes|Chapters 117 - 119 — Eminent Domain; Local Depositories And Investments|Chapter 117 — Eminent Domain|Section 117.225 — Easement Discharge.

117.225 EASEMENT DISCHARGE. Whenever claiming that an easement acquired by condemnation is not being used for the purposes for which it was acquired, the underlying fee owner may apply to the district court of the county in which the land is situated for an order discharging the easement, upon such terms as are just and equitable. Due notice of said application shall be given to all interested parties. Provided, however, this section shall not apply to easements acquired by condemnation by a public service corporation now or hereafter doing business in the state of Minnesota for any purpose other than construction or expansion of: (1) a high-voltage transmission line of 100 kilovolts or more, including ancillary substations; or (2) a natural gas, petroleum, or petroleum products pipeline, including ancillary compressor stations or pumping stations. For purposes of this section, "pipeline" does not include a natural gas distribution line transporting gas to an end user. History:  1971 c 595 s 26; 1986 c 444; 2010 c 288 s 2