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2005_1121_Packet SS
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2005_1121_Packet SS
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Roseville City Council
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Council Agenda/Packets
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of tlle coi-��nission panel. �'he caz��n��ssion�rs appointed nleet, are sworn in by tlze Ramsey <br />County Court Administrator, and then begin circulating calendars to find a ti��.�e acceptable to <br />eac�� property owner as well as to the City for 4iea�-in;s on the property owned by each land <br />owner. In sozrie cases, that could include ���ore that� one parcel. <br />�, If the City has not already done so, it would obtain appraisals of the property interests <br />that are being condemned. �� our case, those appraisals have already been coz���leted. The land <br />owner would use this time to begin work on an appraisal to be presented to the coi�ln��ssion. <br />6. The cot���aissiotZezs would visit the property condemned and, in effect, do a tour of that <br />prope�-�y including any buildings or itnprovemei�ts on the �?z-operty. The land owner, city <br />representatives and respective a�tqi��eys generally are present for such a visit. <br />7, When all the appraisers involved are ready, there is a hearing on Zl�� properties owned by <br />each land owner. The hearing procedure is as follows: <br />�1� The city gives a short amount of testimony regarding the project and the reason <br />for the condemnation. This is not to obtain approval of the cc��ide�nnatiol�, but <br />si�z�ply to give the con7.zilissiaaiers background with respect to the condemnation. <br />(2) Once that is done, the property owner goes first with testimony from its appraiser. <br />Commissioners are given copies of the appraisal and t��e pro�ert,�r owner's Iavvyer <br />guides the testimony : h� t��.� _�__ tl�e appraisal. The city's attorney then is allowed to <br />cross-examine the appraiser, and the coia`��nissioilers are allowed to ask a��y <br />questions they have. Sometimes, the property owners themselves testify about <br />their view of the value of the property being condenuied, but it is really the <br />appraisers' opinions that the con�t�lissio�3ers key in on. A$er tlle landowner has <br />completed its presentation, �lle city would call its appraiser to testify and stiibn�it <br />copies of tl�e appraisal done to suppo�t the city position. The same process for <br />cross examination ��1c� questions froi�� the cnir�nissiozlers apply to the city <br />appraiser and, when all of the rounds of questioning are done, unless there is some <br />"rebuttal" testimony, the l�eari�tg is adjourned. <br />�3� Sometimes after the hearing, the co���nlissio��ezs reassemble privately, discuss all <br />the evidence they have heard and, based on that evidence and their oi�'ti <br />experience, issue an award to the property owner. <br />�4� Within forty days after tl�e issuance of that award, either side can appeal t11e <br />award back to the judge who initially heard the canden���.ation petition. If that <br />occurs, the ��latter goes on the regular trial calendar of that judge, and tlle case is, <br />in effect, re-tried before a judge and jury. The ti�zat will be substantially the same <br />testimony as was given at the co�7li�issiqi�er hearing, with the exception being that <br />either side may call one or rno�•e of the Gonunissioziers to testify as to what tl�e <br />conu�issianers awarded and t�zeit'reasons for that award. Such testi7��oz�y is o$en <br />accepted by jury mei3�bers who feel that t��e court-appointed co�nc�,�iss�oners l�ave <br />�i�ore knowledge and experience than they do. It is so��e��1�at rare to have a jury <br />
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