Minn. Stat. » CHAPTER 117. EMINENT DOMAIN
Minnesota Statutes

Minn. Stat. § 117.165 (2026)

Jury Trials; Disclosure

✓ current as of May 2026
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Subdivision 1.Appeal.

In all eminent domain proceedings where an appeal is taken to the district court from the award of commissioners, the owner or the petitioner shall be entitled to a jury trial.

Subd. 2.Disclosure of witnesses, appraisals of damages.

In the event of an appeal from the award of commissioners, and upon written demand by a party, the other party shall disclose under oath in writing within 15 days the appraisal witnesses the disclosing party proposes to call on its behalf at trial, and the amount of their appraisals of the damages. The demand shall be deemed continuing.

Subd. 3.Failure to disclose.

A party shall not be permitted at the trial, except for just cause shown, to use any expert witness on the matter of damages whose name, address and appraisal was not disclosed to the other party following a written demand.

Notes of Decisions
Cited in 4 cases, 1980–2003 · leading case: Grossman Investments v. State Ex Rel. Humphrey, 571 N.W.2d 47 (Minn. Ct. App. 1997).
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Grossman Investments v. State Ex Rel. Humphrey, 571 N.W.2d 47 (Minn. Ct. App. 1997). · cites it 4× “Minn.Stat. § 117.165, subd. 1 (1996). The issues presented in this appeal involve mixed questions of fact and law.”
City of St. Paul v. Rein Rec., Inc., 298 N.W.2d 46 (Minn. 1980). “§ 117.165, subd. 3 (1978), which provides: A party shall not be permitted at the trial, except for just cause shown, to use any expert witness on the matter of damages whose name, address and appraisal was not disclosed to the other party following a written demand.”
State ex rel. Spannaus v. Heimer, 393 N.W.2d 687 (Minn. Ct. App. 1986). · cites it 14× “The State objected to interrogatory 4(f) as: not discoverable except to the extent contemplated in Minn.Stat. § 117.165, subd. 2, and further objected to as beyond the scope of Minnesota Rule of Civil Procedure 26.”
Brent Gisslen v. City of Crystal, MN, 345 F.3d 624 (8th Cir. 2003). “Minn.Stat. § 117.165 subd. 1 (2002) ("In all eminent domain proceedings where an appeal is taken to the district court from the award of commissioners, the owner or the petitioner shall be entitled to jury trial.”
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