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S.F. No. 2750, 4th Engrossment - 84th Legislative Session (2005-2006) Page 7 of 10 11.2 of going concern may be appealed by any party, in accordance with section 1 11.3 Subd. 4 . Driveway access. A business owner is entitled to reasonable cc 11.4 not to exceed the three previous years ' revenues minus the cost of goods_ sc 11.5 establishes that the actions of a government entity permanently eliminated 11.6 greater of the driveway access into and out of a business and as a result c - - - 11.7 driveway access, revenue at the business was reduced by 51 percent or great .......... - 11.8 for compensation under this section must be made no later than one year aft 11.9 of the project which eliminated the driveway access. 11.10 Sec. 12 . [117.187] MINIMUM COMPENSATION. 11.11 When an owner must relocate, the amount of damages payable, at ...... .. --- 11.12 be sufficient for an owner to purchase a comparable property in the communi 11.13 less than the condemning authority's payment or deposit under section 117. 0 11.14 extent that the damages will not be duplicated in the compensation otherwis 11.15 the owner of the property. 11.16 Sec. 13 . [117.1881 LIMITATIONS. 11.17 The condemning authority must not require the owner to accept as part of th 11.18 compensation due any substitute or replacement property. The condemning au 11.19 must not rtqu_ire the owner to accept the return of proms acquired or anY 11.20 property. 11.21 Sec. 14. [117.1891 PUBLIC SERVICE CORPORATION EXCEPTIONS. 11.22 Sections 117.012, subdivision 2; 117.036; 117.055, subdivision 2, paragrapl 11.23 117.075, subdivision lb; 117.186; 117.187; 117.188; 117.196; and 117.52, su 11.24 do not apply to public service corporations For purposes of an award of .---- -._ -- ..... --__ ---- 11.25 under section 117.085, the fees awarded may not exceed $500 for all types c 11.26 Sec. 15. [117.196] ATTORNEY FEES. 11.27 Subdivision 1. Judgment or award in excess of last written offer. If tY -- -- - - -- ---- -- -- -- ---- 11.28 judgment or award of damages is at least 20 percent greater than the last ti - -- __ --- __ ....... ---- 11.29 compensation made by the condemning authority before the filing of the peti 11.30 may award the owner reasonable attorney fees and costs in addition to other 11.31 and fees authorized by this chapter. 12.1 Subd. 2 . Increase in market value. If three months or more pass from tY 12 .2 the last written offer of compensation and the filing_ of the petition, for -- __. ---..... . ........-__ _----- _...._.--- - -- _...._._- 12.3 determining whether the final judgment or award for damages is more than 2C 12 .4 greater than the last written offer, the value of the offer must be adjuste 12.5 for the annual rate of increase in the estimated market value of existing F 12.6 subject property's use class within the same city or township. The annual r 12.7 shall be derived by comparing the most recent abstract filed with the commi _.. - _ --- - __.. - - - ........___ ........ ----.. 12 .8 revenue under section 270C.89, subdivision 1, with the abstract of the pric 12 .9 Subd. 3 . Excegtion. No attorney- fees and costs may-be-awarded under thi 12.10 only a portion of a property located not more than 50 feet from the border 12.11 is being acquired and the final judgment or award of damages does not excee 12.12 Sec. 16. [117.2261 RIGHT OF FIRST REFUSAL. 12 .13 (a) Notwithstanding section 161.23, if the _governing body of the condemninc -- -... 12 .14 authority determines that publicly owned property acquired under this chapt 12.15 been used and is no longer needed for a public use, the authority must offe 12.16 property to the owner from whom it was acquired, if the former owner can be r c n on p 12 .17 at the original price detemined by the ondematirocess or the current 12.18 value af the property, whichever is I lower. 12 .19 (b) If the former owner cannot be located within ten days, a written notice 12.20 to sell the property must be sent by certified mail to the last known addre 12 .21 owner and must be published for at least 30 days on the condemning authorit - - - - 12 .22 if any, and in a newspaper of general circulation in the jurisdiction where 12 .23 located. If the former owner declines to repurchase the property, the condo 12 .24 shall prepare a certificate attesting to the same and record the certificat 12.25 county recorder or county registrar of titles, as appropriate, to evidence file://C:\Documents%20and%20Settings\j ulie.bartell\Local%20S ettings\Temporary%20Inte... 4/5/2006