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Subdivision 1.Award; interest.
All damages allowed under this chapter, whether by the commissioners or upon appeal, shall bear interest from the time of the filing of the commissioner's report or from the date of the petitioner's possession whichever occurs first. The rate of interest shall be determined according to section 549.09. If the award is not paid within 70 days after the filing, or, in case of an appeal within 45 days after final judgment, or within 45 days after a stipulation of settlement, the court, on motion of the owner of the land, shall vacate the award and dismiss the proceedings against the land.
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Subd. 2.Costs.
When the proceeding is dismissed for nonpayment or discontinued by the petitioner, the owner may recover from the petitioner reasonable costs and expenses including attorneys' fees. In the discretion of the court, the owner may also recover from the petitioner reasonable costs and expenses, including attorneys' fees, if a condemnation proceeding is dismissed because a court has held that condemnation shall not lie based on a challenge made under the Minnesota Environmental Rights Act. If the court awards costs and expenses, including attorneys' fees, and if the condemnation proceeding is part of a project or proposal which has received an environmental review pursuant to the Minnesota Environmental Policy Act, or siting or routing selection pursuant to chapter 216E, the costs and expenses, including attorney fees, shall be paid by the governmental unit responsible for the review or selection.
Notes of Decisions
State Ex Rel. Humphrey v. Jim Lupient Oldsmobile Co., 509 N.W.2d 361 (Minn. 1993).
· cites it 20× “On April 6, 1992, the state deposited its final payment with the trial court which amount included simple interest computed at the rate set by Minn.Stat. § 117.195 and § 549.09 (1992).”
City of Minnetonka v. Carlson, 298 N.W.2d 763 (Minn. 1980).
· cites it 8× “Thereafter, the respondents moved the district court for an order directing the city *765 to pay their reasonable costs and expenses, including attorney fees, relying upon Minn. Stat. § 117.195 (1976). [1] The district court ordered the city to pay the respondents $1,500 for…”
Cnty. of Freeborn v. Bryson, 294 N.W.2d 851 (Minn. 1980).
· cites it 24× “Upon entry of judgment in their favor, appellants brought the present motion for an award of costs and attorneys fees under Minn.Stat. § 117.195 (1978), seeking costs of $508.”
DeCook v. Rochester Int'l Airport Jt. Zoning Bd., 811 N.W.2d 610 (Minn. 2012).
· cites it 14× “The property owners then moved for an award of their costs and expenses, including attorney fees, under Minn.Stat. § 117.195 (1978). Carlson, 265 N.”
Fine v. City of Minneapolis, 391 N.W.2d 853 (Minn. 1986).
· cites it 8× “Minn.Stat. § 117.195 (1974). When the commissioners’ award is followed by an appeal and a verdict, interest must be paid on the verdict amount from the time of the award until judgment is entered.”
Moorhead Econ. Dev. Auth. v. Anda, 789 N.W.2d 860 (Minn. 2010).
“Minnesota Statutes § 117.195 (2008) provides further support for the assertion that the date of the quick-take is not the date of the commissioners’ award.”
Sipe v. Kalitowski, 390 N.W.2d 910 (Minn. Ct. App. 1986).
· cites it 10× “Minn.Stat. § 117.195, subd. 2 (1984). In denying recovery of the attorneys’ fees incurred by appellants in the environmental action, the trial court used a two-step analysis.”
Faricy Law Firm, P.A. v. API, Inc. Asbestos Settlement Trust, 912 N.W.2d 652 (Minn. 2018).
· cites it 2× “1980) (interpreting Minn. Stat § 117.195 (1976), which provided that "[w]hen the proceeding [for condemnation] is so dismissed or the same is discontinued by the petitioner, the owner may recover from the petitioner reasonable costs and expenses including attorneys' fees");…”
State ex rel. Humphrey v. Baillon Co., 480 N.W.2d 673 (Minn. Ct. App. 1992).
· cites it 16× “The court concluded that Baillon was entitled to receive only simple interest at the judgment rate pursuant to Minn.Stat. § 117.195 (1990) and Minn.Stat.”
State Ex Rel. Humprey v. Briggs, 488 N.W.2d 811 (Minn. Ct. App. 1992).
· cites it 4× “Minn.Stat. § 117.195, subd. 1 (1990) provides, in part: All damages allowed under this chapter, whether by the commissioner or upon appeal, shall bear interest from the time of the filing of the commissioner’s report or from the date of the petitioner’s possession whichever…”
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