2025 Session Last amended: 1986 session

§ 642.11 — Condemnation; How Enforced

Plain-Language Summary

This section explains how a condemnation order against a lockup is enforced. If a condemned lockup continues to be used, the commissioner of corrections can go to district court to get an order stopping its use. The condemnation order itself serves as strong evidence that the lockup is unfit.

642.11 CONDEMNATION; HOW ENFORCED.

If any lockup condemned by the commissioner of corrections shall thereafter be used while the order of condemnation is in force, it shall be the duty of the commissioner to bring an action in the district court in the county where the lockup is, for the purpose of enforcing the order of condemnation, and upon the trial of the action a copy of such order, certified in the usual form by the commissioner, shall be conclusive evidence that such lockup has been condemned by the commissioner and shall be prima facie evidence that the lockup does not comply with the requirements of sections 642.02, 642.10 and 642.11 and is unfit for use as a lockup, and that its future use should be enjoined by the court. Evidence to sustain the order of condemnation may be received in rebuttal.

History:

(10885) 1913 c 438 s 3; 1959 c 263 s 2; 1986 c 444

History: History: (10885) 1913 c 438 s 3; 1959 c 263 s 2; 1986 c 444

Practical Notes

If a city keeps using a lockup after it has been condemned, the commissioner of corrections can take the city to court to force the lockup to close. The condemnation order is treated as strong proof that the facility is unsafe.

Source: Minnesota Office of the Revisor of Statutes