2006.03.20 EDA Packet - Laserfiche WebLink

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02/13/06 REVISOR JSK/CG 06-5594 2.1 to obtain an appraisal under this section. Upon request,the acquiring authority must make 2.2 available to the fee owner or contract purchaser all appraisals of the property. 23 (b) The fee owner or contract purchaser may obtain an appraisal by a qualified 2.4 appraiser of the property proposed to be acquired. The fee owner or contract purchaser 2.5 is entitled to reimbursement for the reasonable costs of the appraisal from the acquiring 2.6 authority up to a maximum of$1,500 for single family and 2.7 two-family residential property,agricultural property, and minimum damage acquisitions 2.8 and$5,000 for other types of property,provided that the fee owner or contract purchaser 2.9 submits to the acquiring authority the information necessary for reimbursement,provided 2.10 including a copy of the fee owner's or contract purchaser's 2.11 appraisal,within 669 days after the o'Nner mccives receiving the appraisal from the 2.12 authority under paragraph(a)and at least 30 days before a condemnation commissioners' 2.13 hearing. For purposes of this paragraph, a "minimum damage acquisition"means an 2.14 interest in property that a qualified person with appraisal knowledge indicates can be 2.15 acquired for a cost of$10,000 or less. For purposes of this paragraph, "agricultural 2.16 property"has the meaning given in section 583.22,subdivision 2. 2.17 (e)The acquiring authority must pay the reimbursement to the fee owner or contract 2.18 purchaser within 30 days after receiving a copy of the appraisal and the reimbursement 2.19 information. Upon agreement between the acquiring authority and either the fee owner 2.20 or contract purchaser, the acquiring authority may pay the reimbursement directly to 2.21 the appraiser. 2.22 Subd. 3. Negotiation. In addition to the appraisal requirements under subdivision 2, 2.23 before commencing an eminent domain proceeding,the acquiring authority must make a 224 good faith attempt to negotiate personally with the fee owner or contract purchaser of the 2.25 property in order to acquire the property by direct purchase instead of the use of eminent 2.26 domain proceedings. In making this negotiation,the acquiring authority must consider 2.27 the appraisals in its possession,including any appraisal obtained and furnished by the fee 2.28 owner or contract purchaser if available, and other information that may be relevant to a 229 determination of damages under this chapter. 2.30 Subd. 4. Condemnation commissioners' hearing.Notwithstanding section 13.44, .231 an appraisal must not be used or considered in a condemnation commissioners' hearing, 2.32 nor may the appraiser who prepared the appraisal testify,unless a copy of the appraiser's 2.33 written report is provided to the opposing party at least five days before the hearing. 2.34 Sec. 2. Minnesota Statutes 2004,section 117.055,is amended to read: 2.35 117.055 PETITION AND NOTICE. Sec. 2. 2