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PL PACKET 03212006
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PL PACKET 03212006
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Last modified
4/20/2016 12:57:50 PM
Creation date
4/19/2016 4:26:51 PM
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SP Box #
33
SP Folder Name
PL PACKETS 2005-2011
SP Name
PL PACKET 03212006
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CHAPTER 15 • <br /> Minn.Stat.§ 117.065. Filing a notice of pendency in eminent domain proceedings is mandatory. <br /> The filing should be in the registrar of titles for registered land, in the county <br /> recorder for unregistered land, and in both for registered and unregistered <br /> land. <br /> 614 Co.V.Minneapolis Cmty. When property is targeted for condemnation in a pre-condemnation plan or <br /> Dev.Agency,547 N.W.2d 400 otherwise and the plans for condemnation are abandoned, a temporary taking <br /> (Minn.Ct.App.1996). <br /> of the property may have occurred during the time the property is targeted for <br /> condemnation. This happens when all economically viable uses of the land <br /> are denied to the landowner because of the losses due to inability to sell and <br /> substantial declines in rental and development activity. <br /> County of Anoka v.Blame Bldg Loss of access to a property due to the taking of property for a road project <br /> Corp.,566 N.W.2d 331(Minn. may be a compensable taking because property owners have a right to <br /> 1997). <br /> reasonably convenient and suitable access to a public street in at least one <br /> Grossman Invs.v.State by direction. Substantial inconvenience is not tantamount to a denial of <br /> Humphrey,571 N.W.2d 47 <br /> (Minn.Ct App.1997). reasonable access. <br /> Housing&Redevelopment Auth Generally,upon condemnation of property, a tenant is entitled to share in the <br /> of city of St.Paul.Lambrecht, award of compensation to the extent of the valuation of the tenant's <br /> 663 N.W.2d 541 (Minn.2003). <br /> leasehold. If the lease contains a clause that automatically terminates the <br /> lease upon condemnation,the tenant is entitled to no compensation. <br /> C. Relocation and appraisal fees <br /> • <br /> Minn.stat.§ 117.52. The city must pay relocation assistance and benefits to the residents or <br /> The uniform Relocation businesses the city displaces through eminent domain, orbYpurchase of <br /> Assistance and Real Property property if federal relocation assistance and benefits are not available. This is <br /> Acquisition Policies Act,42 a cost cities will incur with almost every acquisition, and the council should <br /> U.S.C.§4601-4655. consider it when making a decision to acquire land. In some limited <br /> In re Wiseway Motor Freight, circumstances,owner-occupants may waive relocation benefits. <br /> Inc.,1999 WL 759999,CX-99- <br /> 648(Minn.Ct.App.Sep.28, <br /> 1999). <br /> In re Application for Relocation <br /> Benefis of Was W Works,1999 <br /> WL 185174,C5-98-1602 <br /> (Mutn.Ct App.Apr.6,1999). <br /> Chanhassen Chiropractic co-.ti•. Absent a showing of a city council's partiality on a specific issue related to <br /> City of Chanhassen,663 an application for relocation benefits, a city does not violate its clear duty to <br /> N.W.2d 559(Minn.Ct.App. <br /> 2003). select a fair and impartial decision-maker by designating the city council to <br /> hear an appeal. <br /> 15-44 HANDBOOK FOR MINNESOTA CITIES • <br /> This chapter last revised 12/1 /20 <br /> p 5 04 <br />
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