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. 28 • MEMORANDUM TO: Mayor and Members of City Council Michael Mornson, City Manager FROM.: Terry Gilligan DATE: February 5, 2001 RE: Harding Street Ponding Project—Procedure for Quick-take Condemnation In connection with the acquisition of the necessary easements for the Harding Street Ponding Project it is proposed that the City proceed with "quick-take" condemnation actions pursuant to Minnesota Statutes, Section 117.042, to acquire the easements which the City has been unable to acquire by negotiation. The following is a brief summary of the procedure for a "quick-take" condemnation action. A quick-take proceeding for condemnation of land is not a separate kind of condemnation proceeding, but is a step in the proceeding, resulting in condemnor's valuation of property, rather than an award of damages for the taking. See Fine v. City of Minneapolis, 391 N.W.2d 853 (Minn. 1986). The use of a quick-take is limited to cases where a municipality can reasonably determine that it needs property before a court-appointed commissioner's award can be filed. • See City of Minneapolis v.:Wurtele, 291 N.W.2d 386:(Minn. 1980): As in any condemnation, in order to commence the action, the municipality must first serve a Petition and Motion for a Transfer of Possession (the "Petition") upon all owners of the property to be taken, and then file such Petition with the court. In addition, the municipality (the "Petitioner") should also serve and file a Notice to Property Owners, Petitioner's Nomination of Commissioners in Condemnation, Findings of Fact and Conclusions of Law, and a Proposed Order. In a quick-take condemnation action, the petitioner must notify the owner of the intent to take possession by notice served by certified mail at least 90 days prior to the date on which possession is to be taken. All of these documents may be served and filed simultaneously, and if so, the Findings of Fact and Conclusions of Law, and the Proposed Order should reference the -quick-take,action, and the proposed order.should specify that it is for deposit and transfer of title and possession. The proposed order should order that the Petitioner deposit its approved appraisal amount with the Court. Such amount represents the total amount that the Petitioner reasonably believes the property to be worth (i.e. based upon the city's assessed tax value, market value comparisons, or other appraised value of the property). Although not specifically required by statute, such amount should be presented to and approved by the governing body of the municipality (board, city counsel, etc.) in order to be "approved" prior to the draft of the order. An Affidavit from a member of the board or city council member, describing the approval of the appraised amount. • DORSEY & WHITNEY LLP