2006_0717_Packet - Laserfiche WebLink

Home

S.F. No. 2750, Sth Engrossment - 84th Legislative Session (2005-2006) Page 4 of 13 4.30 Subd. 3. Contribution to condition by developer disallowed. If a developer 4.31 involved in the redevelopment of the proiect area contributed to the bliqht or environmental 4.32 contamination within the proiect area, the condition contributed to bv the developer must 4.33 not be used in the determination of bliaht or environmental contamination. 4.34 Sec. 4. 1�17.031� ATTORNEY FEES. 5.1 ia3 If the final iudqment or award for damaqes, as determined at any level in the 5.2 eminent domain process, is more than 40 percent qreaterthan the last written offer of 5.3 compensation made bv the condemning authority_prinr to the fiE�np of the petition, the 5.4 court shall award the owner reasonable attorney fees, litiaation �xpenses, appraisa� fees, 5.5 other experts fees, and other related costs in addition to other compensation and fees 5.6 authorized bv this chapter. If the �na�udgm�nt or award is at least 20 percent, but not 5.7 more than 40 percent, greater than the last written offer, the court maY award reasonable 5.8 attornev fees, exoenses, and other costs and fees as provided in this paraaraph. The final 5.9 judgment or award of damaaes shall be determined as of the date of takir��. No attorne�i 5.10 fees shall be awarded underthis paragraph if the final iudqment or award of damaaes 5.11 does not exceed $25,000. For the purposes of this section. the "final iudqment or award 5.12 for damages" does not include anv amount for loss of a aainq concern unless that was 5.13 included in the last written offer by the condemninq authoritv� 5.14 �b} I n anv case where the court determines that a takina is not for a public use or 5_95 is unlawful, the court shall award the owner reasonable attornev fees and other related 5.16 ex.�,�,nses. fees. and costs in addition to other compensation and fees authorized by this 5.17 chapter. 5.18 Sec. 5. Minnesota Statutes 2004, section 117.036, is amended to read: 5.19 117.036 APPRAISAL AND NEGOTIATION REQUIREMENTS 5.20 5.21 n"r-��• 5.22 Subdivision 1. Application. This section applies to the acquisition of property 5.23 � , . f�-��-��.�� . - . 5.24 ��#�€� ' ` ' under this chapter. 5.25 Subd. la. Definition of owner. Forthe purposes of this section, "owner"means 5.26 fee owner. contract purchaser, or business lessee who is entitled to condemnation 5.27 cnm er�satior� under a lease. 5.28 Subd. 2. Appraisal. (a) Before commencing an eminent domain proceeding under 5.29 this chapter, the acquiring authority must obtain at least one appraisal for the property 5.30 proposed to be acquired. I n making the appraisal, the appraiser must confer with one or 5.31 more of the owners of the property, if reasonably possible. �'�r� Nofwiti�star�dinc� 5.32 section 13.44. the acauirina authority must provide the owner with a copy of each 5.33 appraisal the ac�uir�na authori� has obtained for the property at the time an offer is 5.34 made. but no later than 60 days before presenting a petition under section 117.055, � 5.35 . _ �f• {'� � � • �^�� ^ �;�� and inform the T14CZTI'L +.F7'FTCI"Tl7LI r'7-R�J 6.1 ' nwner of the right to obtain an appraisal under this sectian.,.U�on 6.2 requ�st. the acauirina authority must make available to the owner all a�praisals of the 6.3 propertv. If the acquiring authority is considering both a fuf! ar�d partial takinq of the h I rn -�r��v:,� ,e��i�r, I�.�.m�r.us+�ri r�r�rlrJ hrE�.nh�r?�ri i�=,��?�Q. �.Ir�en E&srssi��,�lg��peir,lt L fi,�•�+��