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S.F. No. 2750, S�h Engrossment- 84th Legislative Session (2005-2006) Page 4 of 13 4.30 Subd. 3. �onfi��k�.��.c,��,�lik��,r� bv developer disallowed. If a d��ela�er 4.31 invr�[ved i n the redevelopment of the proiect area contributed to the bliqht or en�ieanmental 432 contamination within the�sro�ject area, the condition contributed to bv the �e�re'oper mus� 4.33 not be used in the.determinatinn of bliqht or en�ironmental contaminatian. 434 Sec. 4. ��i_�,�3j] ATTORNEY FE�S,. 5.1 �� li i}r� final iudgment or award for damages. as determined at anv level i n the 5.2 eminent domain �r�c�s�,..is more than 40 percent qreater than the last written offer cf �� compensation mad� �� kl�� c�r�d�rnr��n� authoritv prior to the filin_ oq f the petition, the �.� court shall award the owner reasonable attorney fees, litigafior� exper�ses, a�praisal fees, �.� other experts fees_, _and other related costs in addition to other compensation and fees �.� authorized by__this chapfer. If the final iudgment or award is at leas4 �� er�ent, but not �.7 more than �� er�enl,�reater than the last writk�n offer. the court may award reasonable �.B atRo�ne� fees. expenses. and other costs and fees as provided in this paragraph. The fin�� �.9 judgment or award of damages shall be determined as of the date of taking. No attorney �.70 fees shall be �warded underthis paragraph if the_final�judament or award of damages �.1 y does not exceed $25,000. For tl� purpose� of this section, the "final iudqment or ��+�f� 5.1� for damages" does not in�lud� �n� ar�a�r�t.f�r loss of a aoinc� concern unless that was 5.1� included in the last written offer bv the �r�d��nr�i�g,a�o,r�€�; 5,1 � b I n�n case where the court determines that a takina is not for a public use or �. �� is unlawfuf, the court shall award the owr�er reasor�able attornev fees and other related 5. 9� expenses, fees, and costs-in addition to other com�ensafian and fees authorized bv this 5.1 � chapfe� 5. �$ Sec. 5. Minnesota Statutes 2004, section 117.036, is amended to read: 5.1� 117.036APPRAISALAND NEGOTIATION REQUIREMENTS 5_�� 5.� 1 P1dRP��, �.� Subdivision 1. Application. This section applies to the acquisition of property �.�3 , , � . � . - �.�� under this chapter. �.�� Subd. I a. Definition of owner. For the purposes of this section. "owner" mear�.s �.�� f� owner, contract purchaser, or business lessee who is entitled to condemnation �.�� campensation under a lease. �.�8 Subd. 2. Appraisal. (a) Before commencing an eminent domain proceeding under �.�9 this chapter, the acquiring authority must obtain at least one appraisal for the property �.�0 proposed to be acquired. I n making the appraisal, the appraiser must confer with one or 5.�1 more of the owners of the property, if reasonably possible. �� Notwithstanding �.�� section 13.44, the acauiring authoritv must provide the ownerwith a copy of each 5.�3 a�raisal the �r,�uirin� authoritv has obtained for the pr�perly at the time an �r��r is �.�a made, but n� later than 60 days before presenting a petition under section 117.055, �#e �.�� ' ' .F�,. �F,. :.� .:��,;_s.. ,,... .....wa,-.si.ik ��?� and inform the � 1 ` Mawner of the right to obtain an appraisal under this s�ction.�on �� request, the acquwrirt�a authority must make available to the owner. alf_ap�raisais of the �.� property. Ef the acauirina authoritv is considering both a full and partial takina af i}�e 1�ir�:�r�w��.r�a�i�ar.L��.�tate,rrui.usr�infbld�il�,�h�`�bk11=��_i_html��tiia�n=Lk��cprint-� fi�'��]�