Minnesota Statutes

Minn. Stat. § 117.045 (2026)

Compelling Acquisition In Certain Cases

✓ current as of May 2026

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Upon successfully bringing an action compelling an acquiring authority to initiate eminent domain proceedings relating to a person's real property which was omitted from any current or completed eminent domain proceeding, such person shall be entitled to petition the court for reimbursement for reasonable costs and expenses, including reasonable attorney, appraisal and engineering fees, actually incurred in bringing such action. Such costs and expenses shall be allowed only in accordance with the applicable provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Statutes at Large, volume 84, page 1894 (1971), any acts amendatory thereof, any regulations duly adopted pursuant thereto, or rules duly adopted by the state of Minnesota, its agencies or political subdivisions pursuant to law.

Notes of Decisions

Cited in 20 cases (3 in the last 5 years), 1973–2024 · leading case: Spaeth v. City of Plymouth, 344 N.W.2d 815 (Minn. 1984).

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Spaeth v. City of Plymouth, 344 N.W.2d 815 (Minn. 1984). · cites it 28× “Defendant challenges the trial court’s holding that Spaeth is entitled to attorneys’ and experts’ fees pursuant to Minn.Stat. § 117.045 (1982). Section 117.”

DeCook v. Rochester Int'l Airport Jt. Zoning Bd., 811 N.W.2d 610 (Minn. 2012). · cites it 43× “The DeCooks contend that their appellate attorney fees are authorized under Minn.Stat. § 117.045 (2010), which provides: Upon successfully bringing an action compelling an acquiring authority to initiate eminent domain proceedings relating to a person’s real property which was…”

McShane v. City of Faribault, 292 N.W.2d 253 (Minn. 1980). · cites it 6× “The court further held mandamus to compel the city to initiate eminent domain proceedings was the appropriate remedy and awarded attorneys' and experts' fees to plaintiffs under Minn.Stat. § 117.045 (1978). We agree in substance with the trial court's conclusion that enforcement…”

Vermillion State Bank v. State ex rel. Dep't of Transp., 895 N.W.2d 269 (Minn. Ct. App. 2017). · cites it 59× “OPINION WORKE, Judge Appellant challenges the district court’s award of attorney fees and other costs directly to respondent law firm under Minn. Stat. § 117.045 . Because respondent did not have statutory standing to petition for fees directly and independently of…”

Vern Reynolds Constr., Inc. v. City of Champlin, 539 N.W.2d 614 (Minn. Ct. App. 1995). · cites it 10× “1 The court also awarded Reynolds attorney fees and costs under Minn.Stat. § 117.045 (1994). Champlin appeals, claiming that the district court erred by finding that as a matter of law, Reynolds had standing to pursue a condemnation award because Reynolds was not the landowner…”

Johnson v. City of Shorewood, 531 N.W.2d 509 (Minn. Ct. App. 1995). · cites it 18× “It also awarded appellants attorney fees, costs, and expenses pursuant to Minn.Stat. § 117.045 (1992). City appealed.”

Thompson v. City of Red Wing, 455 N.W.2d 512 (Minn. Ct. App. 1990). · cites it 6× “The trial court ordered the State to commence condemnation proceedings within 30 days and to compensate the Thompsons, under Minn.Stat. § 117.045 (1988), for a portion of their attorney fees, excluding those expenses incurred in bringing claims against the City.”

Welsh v. City of Orono, 355 N.W.2d 117 (Minn. 1984). · cites it 2× “We there held a claim for attorney and expert witness fees pursuant to Minn.Stat. § 117.045 (1982) “should be treated as a matter independent of the merits of the litigation.”

Wolfson v. City of St. Paul, 558 N.W.2d 781 (Minn. Ct. App. 1997). · cites it 6× “The district court denied the motion, concluding that appellate litigation expenses are not reimbursable under Minn. Stat. § 117.045 (1994). Because we conclude that federal law controls this issue and that 42 U.”

State Ex Rel. Humphrey v. Baillon Co., 503 N.W.2d 799 (Minn. Ct. App. 1993). · cites it 2× “See Minn.Stat. §§ 117.045; 117.105, subd. 2; 117.”

Wolfson v. City of St. Paul, 535 N.W.2d 384 (Minn. Ct. App. 1995). · cites it 2× “The trial court subsequently denied appellant’s motion for JNOV or a new trial and pursuant to Minn.Stat. § 117.045, awarded costs and fees to respondents, including $82,222.”

Fette v. Peterson, 406 N.W.2d 594 (Minn. Ct. App. 1987). · cites it 2× “1984)(award of attorney’s fees and expert’s fees under Minn.Stat. § 117.045 (1982) raises a matter independent of the merits and a trial court has continuing jurisdiction to award such fees after an appeal is perfected); In Re Welfare of C.”

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