2025 Session Last amended: 2001 session

§ 161.442 — Reconveyance to Former Owner

Plain-Language Summary

During an eminent domain proceeding for trunk highway purposes, the Commissioner of Transportation may agree to transfer some or all of the condemned property back to the original owner. The reconveyance can be done through a legal stipulation, partial dismissal, or deed. This does not give landowners the right to demand a reconveyance — the commissioner must agree to it.

161.442 RECONVEYANCE TO FORMER OWNER.

Notwithstanding sections 161.23, 161.41, 161.411, 161.43, 161.44, or any other statute, the commissioner of transportation, with the consent of the owner, may transfer, sell, or convey real property including fixtures, and interests in real property including easements, to the owner from whom the property was acquired by the state for trunk highway purposes through a pending eminent domain action. The transfer of title may be by stipulation, partial dismissal, bill of sale, or conveyance. Any resulting change in the state’s acquisition must be explained in the final certificate for that action. This provision does not confer on a landowner the right to compel a reconveyance without the consent of the commissioner.

History:

1994 c 635 art 2 s 4; 2001 c 213 s 8

History: History: 1994 c 635 art 2 s 4; 2001 c 213 s 8

Practical Notes

This provision gives the commissioner flexibility to settle eminent domain cases by returning property that is no longer needed for the highway project, rather than completing the full taking. Property owners in active condemnation proceedings who believe the state is taking more land than necessary should raise this with their attorney as a possible basis for negotiating a partial return of their property.

Source: Minnesota Office of the Revisor of Statutes