Chapter 117 — Preemption; Public Use or Purpose

117.01 This section has been repealed or superseded by later legislation. It is no longer in effect. 117.011 This section has been repealed or superseded by later legislation. It is no longer in effect. 117.012 Preemption; Public Use or Purpose This section says that all government bodies in Minnesota must follow the same eminent domain rules in this chapter. … 117.015 This section has been repealed or superseded by later legislation. It is no longer in effect. 117.016 Joint Acquisition of Land When two or more government agencies each need part of the same piece of land, they can agree to work together to take … 117.02 This section has been repealed or superseded by later legislation. It is no longer in effect. 117.025 Definitions This section defines key terms used throughout eminent domain law. It explains what counts as a 'taking,' who qualifies … 117.027 Condemnation for Blight Mitigation and Contamination Remediation When the government takes property to fix blight or clean up contamination, it must avoid taking buildings that are not … 117.03 This section has been repealed or superseded by later legislation. It is no longer in effect. 117.031 Attorney Fees If the court awards you more than 40% above the government's last written offer, the government must pay your attorney … 117.035 Proceedings, by Whom Instituted This section explains who can start eminent domain proceedings. If the state needs property, the attorney general files … 117.036 Appraisal and Negotiation Requirements Before taking property, the government must get an appraisal (for property worth over $25,000), share it with you, and … 117.04 This section has been repealed or superseded by later legislation. It is no longer in effect. 117.041 Entry for Survey or Environmental Testing The government may enter your land to do surveys, environmental testing, or geotechnical investigations before starting … 117.0412 Local Government Public Hearing Requirements Before a local government can use eminent domain to fix blight, clean up contamination, reduce abandoned property, or … 117.042 Possession If the government needs your property before the condemnation process is finished, it must give you at least 90 days … 117.043 Compelling Delivery of Possession If a property owner refuses to leave after the government has the legal right to take possession, the court can order … 117.045 Compelling Acquisition in Certain Cases If the government left your property out of an eminent domain case but your property is actually affected, you can force … 117.05 This section has been repealed or superseded by later legislation. It is no longer in effect. 117.054 Copies of Appraisal to Landowner Utility companies, including public utilities, cooperatives, and pipeline companies, must give property owners a copy of … 117.055 Petition and Notice To start eminent domain, the government must file a petition in district court describing the land, the purpose of the … 117.06 This section has been repealed or superseded by later legislation. It is no longer in effect. 117.065 Notices of Pendency and Abandonment; Required Recordings When a condemnation petition is filed, the government must record a notice on the property records so the public knows … 117.07 This section has been repealed or superseded by later legislation. It is no longer in effect. 117.075 Hearing; Commissioners; Order for Taking At the hearing, the court listens to evidence about whether the taking is lawful and necessary. If approved, the court … 117.08 This section has been repealed or superseded by later legislation. It is no longer in effect. 117.085 Commissioners, Powers, Duties Commissioners must view the property, hear testimony under oath, and determine how much each owner should be paid. They … 117.086 Noncontiguous Tracts, Treatment as Unit If you own separate pieces of land that are not next to each other but are used together, they can be treated as one … 117.087 Prepayment Penalties; Damages If your property is taken and you have a mortgage or loan with a prepayment penalty, the cost of that penalty is … 117.09 This section has been repealed or superseded by later legislation. It is no longer in effect. 117.095 This section has been repealed or superseded by later legislation. It is no longer in effect. 117.10 This section has been repealed or superseded by later legislation. It is no longer in effect. 117.105 Filing of Report, Time, Failure to Report Commissioners must file their damage report with the court within 90 days of being appointed. If they miss the deadline, … 117.11 This section has been repealed or superseded by later legislation. It is no longer in effect. 117.115 Report, Notice After commissioners file their damage report, the government must notify all property owners by mail within 10 days. The … 117.12 This section has been repealed or superseded by later legislation. It is no longer in effect. 117.125 Deposit in Court If a property owner's location is unknown, is a minor, is under a legal disability, or refuses to accept payment, the … 117.13 This section has been repealed or superseded by later legislation. It is no longer in effect. 117.133 This section has been repealed or superseded by later legislation. It is no longer in effect. 117.135 Taxes and Assessments When property is taken, unpaid taxes and special assessments on the property must be paid. If the Department of … 117.14 This section has been repealed or superseded by later legislation. It is no longer in effect. 117.145 Appeal: Deadline, Notice, Service, Contents; by Other Parties Any party can appeal the commissioners' damage award to district court within 40 days of the report being filed. If one … 117.15 This section has been repealed or superseded by later legislation. It is no longer in effect. 117.155 Payments; Partial Payment Pending Appeal While an appeal is pending, property owners can demand a partial payment of up to three-fourths of the commissioners' … 117.16 This section has been repealed or superseded by later legislation. It is no longer in effect. 117.165 Jury Trials; Disclosure Either the property owner or the government has the right to a jury trial on appeal. Each side must disclose its expert … 117.17 This section was repealed in 1971 when the Minnesota Legislature comprehensively rewrote eminent domain law. It has no … 117.175 Trial, Burden of Proof, Costs When an owner appeals a condemnation award to court, the property owner goes first in presenting evidence and has the … 117.18 This section was repealed in 1971 when the Minnesota Legislature comprehensively rewrote eminent domain law. It has no … 117.184 Compensation for Removal of Legal Nonconforming Use If a city or local government requires you to remove a legal nonconforming use as a condition of getting a building … 117.185 Judgment After a jury or court decides the amount of damages in a condemnation case, the court enters a formal judgment that … 117.186 Compensation for Loss of Going Concern If the government's taking destroys a business, the business owner may receive compensation for loss of going concern — … 117.187 Minimum Compensation When a property owner must relocate because of a taking, the compensation must be enough for the owner to buy a … 117.188 Limitations The government may not force a property owner to accept a substitute or replacement property as part of the condemnation … 117.189 Public Service Corporation Exceptions Several of the strongest property owner protection provisions in chapter 117 do not apply when public service … 117.19 This section was repealed in 1971 when the Minnesota Legislature comprehensively rewrote eminent domain law. It has no … 117.195 Interest; Award, When Payable; Dismissal; Costs All condemnation damage awards earn interest from the date the commissioners file their report or from the date the … 117.20 This section was repealed in 1971 when the Minnesota Legislature comprehensively rewrote eminent domain law. It has no … 117.201 This section was repealed in 1971 when the Minnesota Legislature comprehensively rewrote eminent domain law. It has no … 117.202 This section was repealed in 1971 when the Minnesota Legislature comprehensively rewrote eminent domain law. It has no … 117.205 Final Certificate After all condemnation proceedings are completed and all awards are paid, the government's attorney must file a final … 117.21 Easement May Include Snow Fences When the state, a county, or another government body acquires a highway easement, it may include within that easement … 117.215 Estate Acquired In every condemnation, the court must specifically state what type of property interest is being taken — whether it is a … 117.22 Section 117.22 was reorganized and renumbered to section 375.181 in 1961. The operative provision governing county … 117.225 Easement Discharge If you own property underlying a condemned easement and the easement is no longer being used for its stated purpose, you … 117.226 Right of First Refusal When the government decides it no longer needs property it took by condemnation, it must first offer to sell it back to … 117.23 This section was repealed in 1961 as part of a comprehensive revision of eminent domain law. It has no current legal … 117.231 Payment in Installments A property owner whose land is taken can choose to receive compensation in up to four annual installments instead of a … 117.232 Direct Purchase When the Minnesota Department of Transportation buys property directly without formal condemnation, the property owner … 117.24 This section was repealed in 1961 as part of a comprehensive revision of eminent domain law. It has no current legal … 117.25 This section was repealed in 1961 as part of a comprehensive revision of eminent domain law. It has no current legal … 117.26 This section was repealed in 1961 as part of a comprehensive revision of eminent domain law. It has no current legal … 117.27 This section was repealed in 1961 as part of a comprehensive revision of eminent domain law. It has no current legal … 117.28 This section was repealed in 1961 as part of a comprehensive revision of eminent domain law. It has no current legal … 117.29 This section was repealed in 1961 as part of a comprehensive revision of eminent domain law. It has no current legal … 117.30 This section was repealed in 1961 as part of a comprehensive revision of eminent domain law. It has no current legal … 117.31 Section 117.31 was repealed in 1991 as part of legislative cleanup. It has no current legal effect. 117.32 This section was repealed in 1971 when the Minnesota Legislature comprehensively rewrote eminent domain law. It has no … 117.33 This section was repealed in 1971 when the Minnesota Legislature comprehensively rewrote eminent domain law. It has no … 117.34 This section was repealed in 1971 when the Minnesota Legislature comprehensively rewrote eminent domain law. It has no … 117.35 This section was repealed in 1971 when the Minnesota Legislature comprehensively rewrote eminent domain law. It has no … 117.36 This section was repealed in 1971 when the Minnesota Legislature comprehensively rewrote eminent domain law. It has no … 117.37 This section was repealed in 1971 when the Minnesota Legislature comprehensively rewrote eminent domain law. It has no … 117.38 Acquisition of Land for Certain Purposes When a federal or state authority authorizes a change to a harbor, river channel, or other waterway in Minnesota, … 117.39 Proceedings Under Power of Eminent Domain Condemnation proceedings for railroad company land acquisitions related to harbor or channel changes follow the general … 117.40 Municipality May Contest A city or other municipality whose property is proposed to be taken by a railroad company in a harbor or channel change … 117.41 Conveyance, to Whom Made After a railroad or terminal company acquires land for a harbor or channel change project, it must deed the land to the … 117.42 This section was repealed in 1971 when the Minnesota Legislature comprehensively rewrote eminent domain law. It has no … 117.43 This section was repealed in 1971 when the Minnesota Legislature comprehensively rewrote eminent domain law. It has no … 117.44 This section was repealed in 1971 when the Minnesota Legislature comprehensively rewrote eminent domain law. It has no … 117.45 This section was repealed in 1971 when the Minnesota Legislature comprehensively rewrote eminent domain law. It has no … 117.46 Section 117.46 was repealed in 1979 as part of a legislative revision. It has no current legal effect. 117.461 Section 117.461 was repealed in 1979 as part of a legislative revision. It has no current legal effect. 117.47 Permits; Licenses The commissioner of natural resources may grant permits, licenses, leases, and easements to taconite and semitaconite … 117.471 Easements Over Tax-forfeited Lands, Approval Any easement granted by a county board over tax-forfeited land under section 117.47 requires approval from the … 117.48 Crude Oil Pipeline Companies, Eminent Domain Minnesota law declares that transporting crude oil, petroleum, their products, and natural gas by pipeline as a common … 117.49 Section 117.49 was repealed in 1992 as part of a legislative cleanup. It has no current legal effect. 117.50 Definitions This section defines key terms used in the relocation assistance laws (sections 117.50 to 117.56). A 'displaced person' … 117.51 Cooperation With Federal Authorities; Reestablishment Costs Limit Government agencies must work with federal authorities to get maximum federal funding for relocation assistance when … 117.52 Uniform Relocation Assistance When there is no federal money involved in an acquisition, the acquiring government authority must still provide all the … 117.521 Waiver of Relocation Benefits A property owner can voluntarily give up relocation benefits, but only if the waiver is truly voluntary and not made … 117.53 Authorization All government acquiring authorities are empowered to take whatever actions are necessary to carry out the relocation … 117.54 No Additional Damages Created The relocation assistance statutes (sections 117.50 to 117.56) do not create any new types of damages in formal … 117.55 Payments Not Considered for Public Assistance Purposes Relocation assistance payments received under sections 117.50 to 117.56 cannot be counted as income or assets when … 117.56 Inapplicability to Hazardous and Substandard Building Proceedings The relocation assistance laws in sections 117.50 to 117.56 do not apply to proceedings brought by a city or county to … 117.57 Authorities; Railroad Properties Tax increment financing and development authorities can use eminent domain to take contaminated railroad properties … 375.181 County Building Sites When a county board decides it needs to acquire land for a courthouse or other public building, it must first pass a …