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S.F. No. 2750, 4th Engrossment - 84th Legislative Session (2005-2006) Page 6 of 10 9.14 an alternative award, conditioned upon the granting or withholding of the x 9.15 Without unreasonable delay they shall make a separate assessment and award 9.16 damages which in their judgment will result to each of the owners of the la 9.17 of such taking and report the same to the court. The commissioners shall nc 9.18 amount of the damages awarded because the land being taken is, at the time 9.19 valued under section 273.111, designated as an agricultural preserve under 9.20 The commissioners, in all such proceedings, may in their discretion allow a 9.21 separately in addition to the award of damages, reasonable appraisal fees r. 9.22 total of $ A $1,500 for single family and two-family residential property, 9.23 property, and minimum damaqe acquisitions_ and $5, 000 for other types of prc -- 9.24 request of an owner the commissioners shall show in their report the amount 9.25 of damages which is to reimburse the owner and tenant or lessee for the val 9.26 taken, and the amount of the award of damages, if any, which is to reimburs 9.27 and tenant or lessee for damages to the remainder involved, whether or not 9.28 the petition. The amounts awarded to each person shall also be shown separa 9.29 commissioners shall, if requested by any party, make an express finding of 9.30 cost of removal and remedial actions that will be necessary on the taken pi 9.31 of existing environmental contamination. 9.32 Sec. 10. [117.1841 COMPENSATION FOR REMOVAL OF LEGAL 9.33 NONCONFORMING USE. 9.34 Notwithstanding any law to the contrary, an ordinance or regulation of a pc 9.35 subdivision of the state or local zoning authority that requires the remova 10.1 nonconforming use as a condition or prerequisite for the issuance of a pern 10.2 other approval for any use, structure, development, or activity constitutes 10.3 is prohibited without the payment of just compensation This section does r. ----_ - _ - -- ......... __..... 10.4 the permit, license, or other approval is requested for the construction of 10.5 structure that cannot be built without phy mqy4na the nonconforming 10.6 Sec. 11. [117.1861 COMPENSATION FOR LOSS OF GOING CONCERN. 10.7 Subdivision 1. Definitions. For purposes of this section: ----- --- - -- - --._ ------ -_ ...... 10.8 (1) "going concern" means the benefits that accrue to a business or trade a 10.9 of its location, reputation for dependability, skill or quality, customer t 10.10 any other circumstances resulting in the probable retention of old or acqui 10.11 patronage; and 10.12 (2) "owner" has the meaning given in section 7.02 and includes lssee ----- --- e 11 __......... -._ 7 5--- ---- _..... -a----_.....e .......--- - 10.13 operates a business on real property that is the subject of an eminent doma 10.14 Subd. 2. Compensation. (a) In all eminent domainproceedings, e th owner 10.15 a business or trade must be compensated for the loss of a going concern if 10.16 establishes that: 10.17 (1) the business or trade has been destroyed as a result of the taking;_ 10.18 (2) the loss cannot be reasonably prevented by relocating the business or t 10.19 same or a similar and reasonabl suitable location as the_property that was -- -- ---- .._. Y _.. 10.20 taking steps and adopting procedures that a reasonably prudent person of a 10.21 and under similar conditions as the owner would take and adopt in preservir- 10.22 concern of the business or trade; and 10.23 (3) compensation for the loss of going concern will not be duplicated in tY 10.24 compensation otherwise awarded to the owner of the business or trade. -- --- ......- --- - - - ---- ___ _ ._._. ._ _......... 10.25 (b) If an eminent domain proceeding involves the condemnation of agricultux 10.26 property, as defined in section 583 .22, subdivision 2 the owner of the agz 10.27 must be compensated for the loss of the productive value of the agricultura --- .......... - . ........ - ....... - ...... .. - 10.28 period of at least five years after commencement of the eminent domain proc 10.29 productive value is calculated based on average productive capacity of the - -........ - -- - _... -- -- .......... _ _.. 10.30 the five years preceding commencement of the eminent domain proceeding. 10.31 Subd. 3. Procedure. In all cases where an owner will seek compensation 10.32 of a going concern, the damages, if any, shall in the first instance be det - - 10.33 reported by the commissioners under section 117.105 as part of the compensa 10.34 the owner. The owner shall notify the condemning authorit of the owner' s i 10.35 compensation for loss of going concern within 60 days of the first hearing 11.1 as provided in section 117 075. The commissioner's decision regarding any a file://C:\Documents%20and%20Settings\julie.bartell\Local%20Settings\Temporary%20Inte... 4/5/2006