Whenever the petitioner shall require title and possession of all or part of the owner's property prior to the filing of an award by the court appointed commissioners, the petitioner shall, at least 90 days prior to the date on which possession is to be taken, notify the owner of the intent to possess by notice served by certified mail and before taking title and possession shall pay to the owner or deposit with the court an amount equal to petitioner's approved appraisal of value. Amounts deposited with the court shall be paid out under the direction of the court. If it is deemed necessary to deposit the above amount with the court the petitioner may apply to the court for an order transferring title and possession of the property or properties involved from the owner to the petitioner. In all other cases, petitioner has the right to the title and possession after the filing of the award by the court appointed commissioners as follows:
(1) if appeal is waived by the parties upon payment of the award;
(2) if appeal is not waived by the parties upon payment or deposit of three-fourths of the award to be deposited with the court administrator. If the amount exceeds $10,000, it shall be deposited by the court administrator in an interest bearing account no later than five business days next following the day on which the amount was deposited with the court. All interest credited to the amount deposited from the date of deposit shall be paid to the ultimate recipient of the amount deposited.
Nothing in this section shall limit rights granted in section 117.155.
Notes of Decisions
Moorhead Econ. Dev. Auth. v. Anda, 789 N.W.2d 860 (Minn. 2010).
· cites it 12× “MEDA Condemns Anda’s Property In March 2001, MEDA commenced a quick-take eminent domain action to acquire Anda’s property, as authorized by Minn.Stat. § 117.042 (2008). A quick-take proceeding allows a condemning authority to take title to and possession of property more quickly…”
In Re Condemnation by the City of Minneapolis of Certain Lands, 632 N.W.2d 586 (Minn. 2001).
· cites it 52× “Minn.Stat. § 117.042 (2000). To effect a quick take, the condemning authority must pay the owner directly or deposit in court an amount equal to the condemning authority's approved appraisal of value for the property.”
City of Minneapolis v. Wurtele, 291 N.W.2d 386 (Minn. 1980).
· cites it 7× “In a separate hearing, it granted the city’s request for “quick take” under Minn.Stat. § 117.042 (1976) and ordered that title to the land pass immediately to the city and that the owners and occupants vacate within 60 days.”
Lundell v. Coop. Power Ass'n, 707 N.W.2d 376 (Minn. 2006).
· cites it 8× “Lundells opposed CPA's condemnation petition, arguing that (1) there was no public purpose or necessity for the taking because CPA already had the use and possession of the property through a lease; (2) CPA acted in bad faith by failing to complete negotiations for amendments to…”
Coop. Power Ass'n v. Eaton, 284 N.W.2d 395 (Minn. 1979).
· cites it 7× “Accompanying the petition was a motion by respondents requesting an order of the district court transferring title to and possession of the easements pursuant to Minn.Stat. § 117.042 (1978). 2 Appellants, owners of two of the six parcels of land involved in the eminent domain…”
Fine v. City of Minneapolis, 391 N.W.2d 853 (Minn. 1986).
· cites it 8× “Pursuant to Minn.Stat. § 117.042 (Supp. 1975), the district court directed the transfer of title and possession of a number of parcels of land to the city on December 1, 1975 upon the city’s deposit with the court of an amount representing the approved appraised value of the…”
Cnty. of Dakota v. Cameron, 839 N.W.2d 700 (Minn. 2013).
· cites it 2× “The minimum-compensation statute provides as follows: When an owner must relocate, the amount of damages payable, at a minimum, must be sufficient for an owner to purchase a comparable property in the community and not less than the condemning authority’s payment or deposit…”
State Ex Rel. Humphrey v. Strom, 493 N.W.2d 554 (Minn. 1992).
· cites it 4× “In October 1986, the State of Minnesota began eminent domain proceedings pursuant to Minn.Stat. § 117.042 (1986) to acquire property necessary for the construction and conversion of Highway 12 to a federal interstate highway, I-394.”
City of Brainerd v. Brainerd Investments P'ship, 827 N.W.2d 752 (Minn. 2013).
· cites it 2× “The City also commenced an eminent domain proceeding pursuant to Minn.Stat. § 117.042 (2012). The district court granted the City's quick-take petition.”
N. States Power Co. v. Williams, 343 N.W.2d 627 (Minn. 1984).
· cites it 4× “Northern States Power Company (hereinafter NSP) originally petitioned the district court on February 24, 1982, pursuant to Minn.Stat. § 117.042 (1982), to condemn a utility easement to construct a high-voltage power line over private property in Sherburne County which included…”
In Re Condemnation by the Minneapolis Cmty. Dev. Agency, 447 N.W.2d 891 (Minn. Ct. App. 1989).
· cites it 8× “On March 20, 1985, MCDA moved for and obtained title and possession of Riverbluff’s properties *893 under the quick-take provisions of Minn. Stat. § 117.042 (1984). The order was conditioned on MCDA’s deposit with the court of $1,089,183, the approved appraisal value of the…”
— Minn. Stat. § 117.042(b) — 3 cases
In Re Condemnation by the City of Minneapolis of Certain Lands, 632 N.W.2d 586 (Minn. 2001).
“Minn.Stat. § 117.042 (2000). To effect a quick take, the condemning authority must pay the owner directly or deposit in court an amount equal to the condemning authority's approved appraisal of value for the property.”
In Re Condemnation by the Minneapolis Cmty. Dev. Agency, 447 N.W.2d 891 (Minn. Ct. App. 1989).
“On March 20, 1985, MCDA moved for and obtained title and possession of Riverbluff’s properties *893 under the quick-take provisions of Minn. Stat. § 117.042 (1984). The order was conditioned on MCDA’s deposit with the court of $1,089,183, the approved appraisal value of the…”
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