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S.F. No. 2750, Sth Engrossment - 84th Legislative Session (2005-2006) Page 9 of 13 11.7 takina steps and adoptina procedures that a reasonably prudent aerson of a similar a�e 1'[,8 and under similar conditions as the owner, would take and adoot in preservir�q the going 11.9 concern of the business or trade; or 11.10 _ 3 compensafic�n for the loss of �oina concern will be duplicated in the 1�f ,� 1 compensation otherwise awarded to the owner. 11.12 Subd. 3. Procedure. In all cases where an ownerwill seek compensationfor loss 11. j� of a qoinq concern, the damaaes, if anv, shall in the first instance be determined by �f�� 11.14 commissioners under section 117.105 as aar� of the compensation due to the owner. The 11. ;� owner shall notifv the cnndemnin� auihoriiv of fhe owner's intent ta claim compensation ��,16 for loss of qoinq concern within 60 �I�$ of the first hearina before the court, as provided 11,17 in section � 17.075. The commissioner's decision reqardinc� anv award for loss of aoing '11,18 concern ma be ap..p...�aled bv anv art in accordance with section 117.145. 11, T� Subd. 4. Drivewav access. A business owner is entitled to reasonable compensation, 11.20 not to exceed the three previous years' revenues minus the cost of qoods soid, if the 11.21 owner establishes that the actions of a qovernment entitv permar�en#Iv eliminated 51 11.22 percent or qreater of the driveway access into and out of a business and as a res�rlt. of the 11.23 loss of driveway access. revenue at the business was reduced bv 51 percent or qreater. 11.24 Determination of whether the revenue at the business was reduced bv 51 percent or qreater 11.25 must be based on a comparison of the averaqe revenues minus the averaqe costs of qoods 9�.26 sold for the three vears priar to commencementof the n�l�� with the revenues minus 11.27 the costs of qoods sold for the vear follnwinq completion of the proieet. A claim for 11.28 compensation under this section must be made no later than one vear after completion of -= 11.29 the �roiec# which eliminated the driveway-access. The installation of a median does not 11.30 constitute elimination of driveway access. 11.31 Sac. 12. ,�117.�[87� MINIMUM COMPENSATION. 11.32 When an owner must relocate, the amount of damaqes payable, at a minimum, must 11.33 be sufficient for an owner to purchase a comparable property in the communit��r7�i.=,�;�L 11.34 less than the condemnina authority`� p�ment or deposit under section � 1„t_{��, �� 11.35 extent that the damaqes will not be duplicated in the compensation otherwise awarded 12.1 to the owner of the pro�ertv. For the purposes of this seciion,_ "awner" is defined as the 12.2 person or entity that holds fee title to the prap��. 12.3 Sec. 13. �117'.188� L I M I TA T I O N 12.4 The condemnina authority must not require the owner to accept as part of the 12.5 eam�er�satian due anv substitute or replacernent pr�p�rt� The condemninp authority 12.6 must not require the ownerto accept the return of property acquired or ��v �artiot� af tl�e 12.7 propert�r. 12.8 Sec. 14. ��.7.:��i PUBLIC SERVICECORPORATION EXCEPTIONS 12.9 Sections 1 � 7.Q31 � 1�. �.: 03�J 117.055, subdivision �, p�rar�r�� b); 117.186: 117.187; 12.10 117.188: and 117.52, subdivisions � a and 4. do �7�t a�plv to public service cnr�arations. 12.11 Fnr purposes of an award of a�praisal fees under section 'f ;F�_0��,,1?K� fees awarded may 12.12 nat exce�c� $500 for all �es of pro�, erty, 4, i c..• a�..�,..... ��-�.,... t.�:, �a oen �lsr, i i::3v n.�� L-I lii'1 ry11 r."• i5�11--�' ��k 5}7t1::iJ� �S'.'y�Ff7fii'"��iFT'I11F' 1 �"i� ��L�I�