1 | 1 | | 1.1 A bill for an act |
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2 | 2 | | 1.2 relating to eminent domain; increasing certain reimbursement amounts; amending |
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3 | 3 | | 1.3 Minnesota Statutes 2024, section 117.036, subdivision 2. |
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4 | 4 | | 1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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5 | 5 | | 1.5 Section 1. Minnesota Statutes 2024, section 117.036, subdivision 2, is amended to read: |
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6 | 6 | | 1.6 Subd. 2.Appraisal.(a) Before commencing an eminent domain proceeding under this |
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7 | 7 | | 1.7chapter for an acquisition greater than $25,000, the acquiring authority must obtain at least |
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8 | 8 | | 1.8one appraisal for the property proposed to be acquired. In making the appraisal, the appraiser |
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9 | 9 | | 1.9must confer with one or more of the owners of the property, if reasonably possible. For |
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10 | 10 | | 1.10acquisitions less than $25,000, the acquiring authority may obtain a minimum damage |
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11 | 11 | | 1.11acquisition report in lieu of an appraisal. In making the minimum damage acquisition report, |
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12 | 12 | | 1.12the qualified person with appraisal knowledge must confer with one or more of the owners |
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13 | 13 | | 1.13of the property, if reasonably possible. Notwithstanding section 13.44, the acquiring authority |
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14 | 14 | | 1.14must provide the owner with a copy of (1) each appraisal for property acquisitions over |
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15 | 15 | | 1.15$25,000, or (2) the minimum damage acquisition report for properties under $25,000, the |
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16 | 16 | | 1.16acquiring authority has obtained for the property at the time an offer is made, but no later |
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17 | 17 | | 1.17than 60 days before presenting a petition under section 117.055. The acquiring authority |
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18 | 18 | | 1.18must also inform the owner of the right to obtain an appraisal under this section. Upon |
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19 | 19 | | 1.19request, the acquiring authority must make available to the owner all appraisals for properties |
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20 | 20 | | 1.20over $25,000, or the minimum damage acquisition report for properties under $25,000. If |
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21 | 21 | | 1.21the acquiring authority is considering both a full and partial taking of the property, the |
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22 | 22 | | 1.22acquiring authority shall obtain and provide the owner with appraisals for properties over |
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23 | 23 | | 1Section 1. |
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24 | 24 | | REVISOR JSK/MI 25-0388902/17/25 |
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25 | 25 | | State of Minnesota |
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26 | 26 | | This Document can be made available |
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27 | 27 | | in alternative formats upon request |
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28 | 28 | | HOUSE OF REPRESENTATIVES |
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29 | 29 | | H. F. No. 1532 |
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30 | 30 | | NINETY-FOURTH SESSION 2.1$25,000 for both types of takings, or minimum damage acquisition reports for properties |
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31 | 31 | | 2.2under $25,000. |
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32 | 32 | | 2.3 (b) The owner may obtain an appraisal by a qualified appraiser of the property proposed |
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33 | 33 | | 2.4to be acquired. The owner is entitled to reimbursement for the reasonable costs of the |
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34 | 34 | | 2.5appraisal from the acquiring authority up to a maximum of $1,500 $3,000 for single family |
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35 | 35 | | 2.6and two-family residential property and minimum damage acquisitions and $5,000 $10,000 |
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36 | 36 | | 2.7for other types of property, provided that the owner submits to the acquiring authority the |
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37 | 37 | | 2.8information necessary for reimbursement, including a copy of the owner's appraisal, at least |
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38 | 38 | | 2.9five days before a condemnation commissioners' hearing. For purposes of this subdivision, |
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39 | 39 | | 2.10a "minimum damage acquisition" means an interest in property that a qualified person having |
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40 | 40 | | 2.11an understanding of the local real estate market indicates can be acquired for $25,000 or |
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41 | 41 | | 2.12less. |
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42 | 42 | | 2.13 (c) The acquiring authority must pay the reimbursement to the owner within 30 days |
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43 | 43 | | 2.14after receiving a copy of the appraisal and the reimbursement information. Upon agreement |
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44 | 44 | | 2.15between the acquiring authority and the owner, the acquiring authority may pay the |
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45 | 45 | | 2.16reimbursement directly to the appraiser. |
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46 | 46 | | 2Section 1. |
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47 | 47 | | REVISOR JSK/MI 25-0388902/17/25 |
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