Minnesota Statutes

Minn. Stat. § 117.155 (2026)

Payments; Partial Payment Pending Appeal

✓ current as of May 2026

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Except as otherwise provided herein payment of damages awarded may be made or tendered at any time after the filing of the report; and the duty of the petitioner to pay the amount of any award or final judgment upon appeal shall, for all purposes, be held and construed to be full and just compensation to the respective owners or the persons interested in the lands. If either the petitioner or any respondent appeals from an award, the respondent or respondents, if there is more than one, except encumbrancers having an interest in the award which has been appealed, may demand of the petitioner a partial payment of the award pending the final determination thereof, and it shall be the duty of the petitioner to comply with such demand and to promptly pay the amount demanded but not in excess of an amount equal to three-fourths of the award of damages for the parcel which has been appealed, less any payments made by petitioner pursuant to section 117.042; provided, however, that the petitioner may by motion after due notice to all interested parties request, and the court may order, reduction in the amount of the partial payment for cause shown. If an appeal is taken from an award the petitioner may, but it cannot be compelled to, pay the entire amount of the award pending the final determination thereof. If any respondent or respondents having an interest in the award refuses to accept such payment the petitioner may pay the amount thereof to the court administrator of district court to be paid out under direction of the court. A partial or full payment as herein provided shall not draw interest from the condemner from the date of payment or deposit, and upon final determination of any appeal the total award of damages shall be reduced by the amount of the partial or full payment. If any partial or full payment exceeds the amount of the award of compensation as finally determined, upon petitioner's motion, final judgment must be entered in the condemnation action in favor of the petitioner in the amount of the balance owed to the petitioner and is recoverable within the original condemnation action.

Notes of Decisions

Cited in 10 cases (1 in the last 5 years), 1981–2024 · leading case: In Re Condemnation by the City of Minneapolis of Certain Lands, 632 N.W.2d 586 (Minn. 2001).

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In Re Condemnation by the City of Minneapolis of Certain Lands, 632 N.W.2d 586 (Minn. 2001). · cites it 39× “17(3) (2000) (establishing the presumption in ascertaining legislative intent that the legislature does not intend to violate the U.S. Constitution or state constitution).”

Hous. & Redevelopment Auth. of St. Paul v. Lambrecht, 645 N.W.2d 157 (Minn. Ct. App. 2002). · cites it 36× “Paul (“HRA”) $100,000 under Minn.Stat. § 117.155 and (2) dismissing appellant’s claim for loss of going-concern value because it misapplied City of Minneapolis v.”

City of Mankato v. Hilgers, 313 N.W.2d 610 (Minn. 1981). · cites it 12× “Pursuant to Minn. Stat. § 117.155 (1980), Hilgers received a partial payment of $57,000, three-fourths of the commissioners' award, pending the appeal.”

Moorhead Econ. Dev. Auth. v. Anda, 789 N.W.2d 860 (Minn. 2010). · cites it 2× “50 to Anda, an amount equal to three-fourths of the commissioners’ award, pursuant to Minn.Stat. § 117.155 (2008). Tort Action MEDA ultimately reimbursed MHA for the remaining cleanup costs and MHA assigned any liability claims for the contamination of Parcels I and II to MEDA.”

City of St. Louis Park v. Almor Co., 313 N.W.2d 606 (Minn. 1981). · cites it 2× “1 (1980), providing for de novo review of condemnation damages at the trial level, eliminates the significance here of the commission award and thus, by extension, compliance therefrom (save that compliance required by statute — i.”

City of Maplewood v. Kavanagh, 333 N.W.2d 857 (Minn. 1983). · cites it 2× “Even though Maplewood paid to appellants 75% of the commissioners’ award pursuant to Minn.Stat. § 117.155 (1982), during this period appellants were precluded from economically developing the property.”

In Re the Comm'r's Order Denying Permit Application 93-1024, 527 N.W.2d 173 (Minn. Ct. App. 1995). · cites it 2× “511 (specific exclusion of section 117.155 implies that chapter 117 generally applies to condemnations under chapter 103D).”

State ex rel. Spannaus v. Dangers, 368 N.W.2d 384 (Minn. Ct. App. 1985). · cites it 2× “These payments totalled nearly 85% of the ultimate jury verdict. The State also made a $62,500 supplemental housing payment to the Dangers in December 1983, and advanced an additional $52,745 in the early months of 1984 for moving and relocation expenses.”

State ex rel. Humphrey v. Baillon Co., 480 N.W.2d 673 (Minn. Ct. App. 1992). · cites it 2× “Under Minn.Stat. § 117.155 (1984), the state was required to immediately pay three-fourths of the principal amount of the award.”

State of Minnesota, by its Comm'r of Transp. v. David J. Schaffer, Below, ..., 8 N.W.3d 220 (Minn. 2024). · cites it 2× “The Nothing in this section shall limit rights granted in section 117.155. Minn. Stat. § 117.042 . 4 proper method of calculating attorney fees is a question of law we review de novo.”

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