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Exhibit C. Minnesota Statutes Chapter 117 – SUMMARY Minnesota Statutes Chapter 117 governs Eminent Domain Proceedings. The statute fulfills several functions. First, it creates a procedure whereby there is judicial supervision of a governmental finding of Public Purpose. Second, it creates a mechanism for official identification of the land to be taken and notification of interested parties. Third, it creates a mechanism for immediate acquisition and transfer of the property to the governmental authority, called Quick Take. Fourth, it creates a multi-tiered mechanism to establish the amount of just compensation to be paid to the landowner. In Minnesota, virtually all takings must be performed under Chapter 117. There are a few exceptions. Most notable are takings by watershed districts for Water Projects and by Drainage Authorities for drainage ditches. When a governmental authority takes property without compensation, the landowner may commence an inverse condemnation procedure to force the authority to pay compensation, or may seek injunctive relief to stop the taking unless eminent domain proceedings have first been commenced. Pre-Eminent Domain Negotiation. Most governmental authorities prefer to negotiate an acquisition. An agreement saves the authority attorneys fees, eliminates delays and makes for happier constituents. Sometimes an authority will approach a landowner with a very substantial and fair offer. Other times, the authority approaches the landowner with an offer which is way too low and unfair. Uniform Relocation Act. Minnesota follows the Uniform Relocation Act in condemnations. This act confers various rights upon the landowner. Pre-Taking Entry. In Minnesota, a governmental authority may enter upon the land to survey the land or in some cases to confirm whether the land has environmental problems. If there is a dispute regarding the right of entry, the governmental authority applies to the Court for an order. Commencement of Proceedings. An authority commences an eminent domain proceeding by serving a Summons and Petition upon all of the property owners. The authority should serve all persons with a property interest in the land. "Owner" under the Statute includes all persons interested in such property as proprietors, tenants, life estate holders, encumbrancers, or otherwise. The petition gives the owner 20 days notice of the initial court appearance. At this initial court appearance, the Court makes a public purpose and necessity determination and appoints three commissioners, private parties who make an initial just compensation. Public Purpose and Necessity. A court gives great deference to a governmental authority's determination that a taking serves a public purpose. Public purpose focuses on the nature of the project, not the particular land being taken. A court may overturn that determination if (a) the governmental authority failed to follow required statutory procedures in making the determination, (b) the project violates a statute, for example regulating the environment or otherwise prohibiting some aspect of the project itself, (c) the particular government authority lacks authority to conduct projects of this kind, (d) the project itself is