HomeMy WebLinkAbout5.b. Review of Strese Property AquisitionCITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
PORT AUTHORITY COMMISSION MEETING DATE: JULY 21, 1992
AGENDA ITEM:
AGENDA SECTION:
REVIEW OF STRESE PROPERTY ACQUISITION
OLD BUSINESS
PREPARED BY: JOHN MILLER,
ECONOMIC DEVELOPMENT COORDINATOR#
AGENDAIYE.M
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ATTACMIENTS: NONE
APPROVED BY:
Three items:
1. The Port Authority attorney has begun the quick -take proceedings.
2. Lee Smith of the Dakota County HRA will be in contact with the
property owner regarding relocation. As CDBG (Community Development
Block Grant) money is being used to purchase the land, federal
regulations regarding relocation must be followed.
3. Contact has been made with Mrs. Strese and her attorney and they are
aware of the att'orney's actions and that Mr. Smith will be contacting
them.
RECOMENDED ACTION:
None, informational item.
PORT AUTHORITY ACTION:
999 Westview Drive
Hastings, MN
55033-2495
(612) 437-3148
FAX (612) 437-2732
*Samuel H. Hertogs
*Donald J. Fluegel
**Michael R. Sieben
**Michael S. Polk
*Harvey N. Jones
*,Richard A. LaVerdiere
Steven D. Hawn
Thomas R. Longfellow
Bernie M. Dusich
**J. Michael Miles
Leo F Schumacher
Shawn M. Moynihan
Mark J. Fellman
Michael R. Strom
John P. Sieben
Scott J. Hertogs
Eric A. Short
Craig M. Roen
Sara M. Hulse
Of Counsel:
James M. Goetteman
*Also admitted in Wisconsin
**Also admitted in Iowa
*Certified as civil trial
specialists by the National
Board of Trial Advocacy
and the Minnesota State
Bar Association
ST. PAUL OFFICE:
Galtier Plaza
Suite 550, Box 45
175 Fifth Street East
St. Paul, MN 55101-2901
(612) 222-4146
FAX (612) 223-8279
To:
FROM:
is Fluegel
n Polk
& LaVerdlere
ASSOCIATION
M E M O R A N D U M
Rosemount Port Authority Commissioners
Eric A. Short c_✓�
DATE: July 17, 1992
RE:
I.
II.
Condemnation
INTRODUCTION
Eminent domain, a/k/a condemnation, is the power of the
sovereign to acquire property without the consent of
the property owner. The authority to acquire property
through eminent domain is granted to Port Authorities
andimunicipalities in Minn. Stat. §469.01, et seq.
REQUIREMENTS
The following requirements must be met in order to use
eminent domain:
The condemning authority must have the authority
to use eminent domain.
The condemning authority must have made the
proper findings.
The condemning authority must have a resolution
authorizing the use of eminent domain.
4. The property to be acquired must be identified.
Theprocedure to be followed in eminent domain
pro eedings is found in Minn. Stat. §117.01, et seq.
1
Petition.
The petition must be served on all owners and
occupants of the property. Service is
accomplished in the same manner as a service of a
Summons and Complaint. Service by publication is
authorized for parties that cannot be found. The
petition describes the land to be acquired, the
purpose for which it is being acquired, and the
names of the parties.
2. Notice to Property owners and Notice of Motion.
The notice to property owners and notice of
motion provides the time and place for the
hearing on the petition and gives the notice of
the intent to use "quick"take". "Quick -take
allows for transfer of title and possession of
the property prior to final resolution of the
condemnation proceedings.
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4.
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Notice of Intent to Take Possession.
Notice of intent to take possession is the
pleading for the "quick -take". The notice is
sent by certified mail not less than 90 days
prior to the date on which possession of the
property is to be taken. Following court
approval, the appraised value of the property is
deposited with the court.
Notice of Lis Pendens.
This document is filed with the County Recorder
or Registrar of Titles. The Notice of Lis
Pendens gives notice to the public that the
property is subject to eminent domain
proceedings.
Initial Hearing.
If any owner appears and objects to public
purpose, the matter will -be scheduled for an
Evidentiary Hearing. If the condemning authority
is successful, the court will appoint three
persons to serve as commissioners and will
authorize payment or deposit of the appraised
value and will transfer title and the right of
possession.
Commissioners, Hearing.
The commissioners appointed by the court will
view the property and receive evidence regarding
the amount of damages suffered by the property
owners, (i.e., the amount the condemning
authority must pay). Determining the amount of
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damages is the sole issue for the commissioners.
The commissioners determine the amount of damages
and file their award with the District Court
Administrator.
Any party may appeal the decision of the
commissioners to District Court. A jury trial
may be demanded. The appeal is a trial "de novol,
(the court receives the evidence itself rather
than simply reviewing the commissioners, hearing
for errors) . Further appeal to the Court of
Appeals and Supreme Court may also be sought.
8. I Final Certificate.
When the proceedings are completed, a final
certificate is filed with the County Recorder or
Registrar of Titles.
IV. DISTRIBUTION OF AWARD
Generally, the condemning authority is not concerned
with how the awarded amount is distributed to the
various parties. The obligation of the condemning
authority is met upon deposit of the award. In the
event that a taken property is encumbered beyond the
award amount, simply meaning that the award will be
inadequate to fully pay everyone, the condemning
authority is not responsible for determining the
distribution of the award, and the parties must agree
amongst themselves or apply to the court to determine
the distribution.
EAS: dso
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