PL PACKET 03212006 - Laserfiche WebLink

Home Browse Search

' CHAPTER 15 • Essentially,as long as a public purpose exists and the landowner is paid the value of the property fixed in Minnesota by court-appointed commissioners, a city is allowed to acquire property against the will of the landowner. However, it should be clear that a city might not always have the right to institute eminent domain proceedings upon a landowner's mere refusal to sell. Regents of the Univ.of Minn.v. For example,a public body may not acquire property for speculative future Chicago&N W.Transp.Co., use by condemnation. The condemning authority must establish that it 552 N W.2d 578(Minn.C1. App. 1996). intends to use the property for a particular, identified public purpose within a reasonable time. County of Stearns v. Voller,584 The courts give great weight to a condemning authority's decision,which N.W.2d.800(Minn Ct App. will be overturned only if it is arbitrary or unreasonable, or if the evidence Oct. 19,1998). �' against the necessity or public use is overwhelming. If the proposed taking is reasonably necessary or convenient for the furtherance of a proper purpose,it will be upheld. The city does not have to show absolute necessity to acquire the property in order to take property by condemnation. Showing reasonable necessity or convenience for public use is sufficient,unless the condemnation action is between two condemning authorities and the land in question is already dedicated to a public purpose. Minn.stat.cit. 117. To acquire property by eminent domain, cities must follow the procedure in • the comprehensive eminent domain statute.Under that law, the council typically begins proceedings by passing a resolution. The city must then file a petition with the district court stating the proposed public purpose. If the court determines the purpose is an authorized public purpose,it appoints commissioners to appraise the landowner's damages. The parties may appeal the commissioners' appraisal. Minn.stat.§ 117.036. When seeking to acquire property for transportation purposes,the acquiring authority must obtain at least one appraisal and share appraisal information with the property owner before submitting an eminent domain petition to the courts. The acquiring authority must negotiate in good faith for direct purchase before using eminent domain. Minn.stat.§ 117.016. When one city needs part of a tract of land for a public purpose and another city needs other parts for a public purpose,they may enter into an agreement for joint acquisition of the land by eminent domain. Town oJFavaI v.Citv of A township does not have the express or implied statutory authority to (MinEvelethn Ct87 N.W 99)24 ccondemn a municipality's property that is devoted to public use. 15-42 HANDBOOK FOR MINNESOTA CITIES This chapter last revised 12/15/2004