2025 Session Last amended: 2025 session

§ 117.145 — Appeal: Deadline, Notice, Service, Contents; by Other Parties

Plain-Language Summary

Any party can appeal the commissioners' damage award to district court within 40 days of the report being filed. If one party appeals, all other parties get an extra 10 days (50 days total) to file their own appeal. The appeal notice must describe the specific award being challenged and the reasons for the appeal.

117.145 APPEAL: DEADLINE, NOTICE, SERVICE, CONTENTS; BY OTHER PARTIES.

At any time within 40 days from the date that the report has been filed, any party to the proceedings may appeal to the district court from any award of damages embraced in the report, or from any omission to award damages, by: (1) filing with the court administrator a notice of such appeal, and (2) serving by mail or E-Service a copy of such notice on all persons who are shown in the petitioner’s affidavit of mailing, required by section 117.115, subdivision 2, as having been mailed a notice of the report of the commissioners, and on the petitioner.

If any notice of appeal is filed, any other party may appeal within 50 days from the date that the report was filed by: (1) filing with the court administrator a notice of the appeal; and (2) serving the notice of appeal by mail or E-Service, as provided in this section. Service by mail is deemed effective upon deposit of the notice in the United States mail, by first class mail, with postage prepaid, and addressed to each person served at the address shown in the petitioner’s affidavit of mailing required by section 117.115, subdivision 2, or their last known address. Proof of service by mail of a notice of appeal shall be filed with the court administrator promptly following the mailing of any notice of appeal. The notice of appeal shall specify the particular award or failure to award appealed from, the nature and amount of the claim, the land to which it relates, and grounds of the appeal, and if applicable, the notice required in section 117.086.

History:

1971 c 595 s 18; 1Sp1986 c 3 art 1 s 82; 1995 c 106 s 3; 2025 c 2 art 3 s 2

History: History: 1971 c 595 s 18; 1Sp1986 c 3 art 1 s 82; 1995 c 106 s 3; 2025 c 2 art 3 s 2

Practical Notes

The 40-day appeal deadline is strict – mark it on your calendar from the filing date of the commissioners’ report, not from when you receive the notice. Your appeal notice must specify which award you are challenging, the amount, the land involved, and the grounds. If the government appeals first, you have 50 days from the report date to file a cross-appeal.

Source: Minnesota Office of the Revisor of Statutes