Minnesota Statutes

Minn. Stat. § 117.521 (2026)

Waiver Of Relocation Benefits

✓ current as of May 2026

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Subdivision 1.Waiver.

Any owner-occupant of property who (a) prior to any action by the acquiring authority indicating an intent to acquire the property whether or not the owner-occupant is willing to sell, requests that the property be acquired through negotiation, or (b) has clearly shown an intent to sell the property on the public market prior to any inquiry or action by the acquiring authority, may voluntarily waive any relocation assistance, services, payments and benefits, for which eligible under this chapter by signing a waiver agreement specifically describing the type and amounts of relocation assistance, services, payments and benefits for which eligible, separately listing those being waived, and stating that the agreement is voluntary and not made under any threat of acquisition by eminent domain by the acquiring authority. Prior to execution of the waiver agreement by the owner-occupant, the acquiring authority shall explain the contents thereof to the owner-occupant.

Any waiver not voluntarily agreed to is invalid, and the burden of proof shall be upon the acquiring authority to show that the agreement was entered into voluntarily. A statement at trial by a witness not involved in the acquisition of the property, that the contents of the waiver agreement were explained to the owner-occupant in a manner understandable to the owner-occupant, describing the method of explanation, that the owner-occupant appeared to understand the terms and conditions of the waiver agreement, that no express or implied threats of taking the property by eminent domain, or any other threats intended to induce the owner-occupant to waive relocation assistance benefits, were made to the owner-occupant by any employee or official of the acquiring authority throughout the entire process of acquisition of the property, and that the owner-occupant appeared to voluntarily enter into the agreement, shall, unless decided otherwise by the court, shift the burden of proof to the person claiming that the agreement was not entered into voluntarily.

Subd. 2.Owner of rental property.

The owner of a rental property whose property is being acquired through negotiation as a result of either subdivision 1, clause (a) or (b), may waive only the right to relocation assistance, services, payments and benefits as outlined in subdivision 1, and nonowner occupants of the property being acquired shall receive all relocation assistance, services, payments and benefits for which they are eligible, notwithstanding the provision of subdivision 1.

Subd. 3.District for development.

The provisions of subdivisions 1 and 2 shall not apply to the acquisition of properties situated wholly or in part within any district for development authorized under Laws 1971, chapter 548 or 677; or Laws 1973, chapter 196, 761, or 764; or Laws 1974, chapter 485; or Minnesota Statutes, chapter 462, 458, or 458C.

Subd. 4.Construction.

The provisions of this section shall not limit any existing rights to waive relocation benefits.

Notes of Decisions

Cited in 4 cases, 2004–2006 · leading case: In Re Wren, 699 N.W.2d 758 (Minn. 2005).

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In Re Wren, 699 N.W.2d 758 (Minn. 2005). · cites it 4× “See Minn.Stat. § 117.521, subd. 1 (2004). In his memorandum, the ALJ concluded: Where an HRA selects a private developer to engage in direct negotiations with property owners it should not be relieved of the requirements of the statute where it remains the moving force behind…”

In Re Wren, 685 N.W.2d 721 (Minn. Ct. App. 2004). · cites it 2× “The ALJ also concluded that the relocation-benefits waiver contained in Clause 7 of the addendum attached to the purchase agreement between Wren and Gateway was invalid because it did not comply with Minn.Stat. § 117.521, subd. 1 (2002) (providing in part that waiver must…”

Hous. & Redevelopment Auth. ex rel. City of Richfield v. Wren, 699 N.W.2d 758 (Minn. 2005). · cites it 3× “Under Minn.Stat. § 117.521, subd. 1 (2004), a party may voluntarily waive relocation assistance by signing a waiver "specifically describing” the types and amounts of assistance available and "stating that the agreement is voluntary and not made under any threat of acquisition…”

Instant Testing Co. v. Cmty. Sec. Bank, 715 N.W.2d 124 (Minn. Ct. App. 2006). · cites it 2× “Minn.Stat. § 117.521, subd. 1(b); see also In re Wren, 699 N.”

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