General practice Rules
Rule 141
Rule 141. Condemnation
Rule
141.01 Objection to CommissionerWithin 14 days after the order appointing the commissioners has been filed, the petitioner or any respondent may serve on all other parties and file with the appointing judge an affidavit objecting to the appointment of any one or more of the commissioners and setting forth the reasons for the objection. Within 7 days after receiving such an objection, the judge in the exercise of discretion may appoint a new commissioner to replace any commissioner concerning whom objection has been made. If the judge does not appoint a new commissioner within 7 days, the objection shall be deemed overruled.
*(Amended effective January 1, 2020.)*Rule
141.02 Notice of AppealIn condemnation cases the notice of appeal from the award of the Commissioners shall be deemed the filing of the first document in the case for the purposes of Minn. Gen. R. Prac. 104 and 111.
(Amended effective January 1, 1993; amended effective July 1, 2015.)
Advisory
Committee Comment - 1992
Amendment
This rule is derived from 4th Dist. R. 10 and is intended to supplement statutes providing for the appointment of commissioners and the filing of a notice of appeal. See Minnesota Statutes, sections 117.075 and 117.145 (1990).Rule 141.02 as amended in 1992 establishes that the appeal from the award of the commissioners, not any earlier proceedings relating to appointment of commissioners or a “quick take” of the property, triggers the scheduling requirements of Rules 104 and 111.