Minnesota Statutes

Minn. Stat. § 465.01 (2026)

Power Of Eminent Domain

✓ current as of May 2026
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All cities may exercise the power of eminent domain for the purpose of acquiring private property within or without the corporate limits thereof for any purpose for which it is authorized by law to take or hold the same by purchase or gift and may exercise the power of eminent domain for the purpose of acquiring a right-of-way for sewerage or drainage purposes and an outlet for sewerage or drainage within or without the corporate limits thereof. The procedure in the event of condemnation shall be that prescribed by chapter 117, or that prescribed by the charter of such city.

Notes of Decisions
Cited in 6 cases, 1981–2013 · leading case: City of Shakopee v. Minnesota Valley Elec. Coop., 303 N.W.2d 58 (Minn. 1981).
City of Shakopee v. Minnesota Valley Elec. Coop., 303 N.W.2d 58 (Minn. 1981). · cites it 11× “The district court held Minn.Stat. § 465.01 (1980) gives Shakopee the power to condemn what it may purchase and Minn.”
White v. City of Elk River, 840 N.W.2d 43 (Minn. 2013). · cites it 4× “Minn.Stat. § 465.01 (2012). Two other circumstances are by operation of law when the use has been “discontinued for a period of more than one year,” Minn.”
City of Willmar v. Kvam, 769 N.W.2d 775 (Minn. Ct. App. 2009). · cites it 16× “*778 Minn.Stat. § 465.01 (2006). 1 The “authorized by law” language in the first phrase includes the right to take land in fee simple.”
City of Rochester v. People's Coop. Power Ass'n, 466 N.W.2d 753 (Minn. Ct. App. 1991). · cites it 2× “The court cited Minn.Stat. § 465.01 (1980), which provided that a city has a general power to condemn “for any purpose which *757 it is authorized by law to take or hold the same by purchase * * The court noted that under section 216B.”
City of Granite Falls v. Soo Line R.R., 742 N.W.2d 690 (Minn. Ct. App. 2007). · cites it 2× “Appellants’ reliance on a 49-year-old attorney general opinion is similarly misplaced. 3 The 1958 opinion at issue was prompted by the City of Thief River Falls questioning whether it could condemn a tract of land for the purpose of “conveying the same to the State of Minnesota…”
Rochester v. People's Co-op. Power Ass'n, 466 N.W.2d 753 (Minn. Ct. App. 1991). · cites it 2× “The court cited Minn.Stat. § 465.01 (1980), which provided that a city has a general power to condemn "for any purpose which *757 it is authorized by law to take or hold the same by purchase * * *.”
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