§ 117.115

HOUSING AND REDEVEL. AUTH. v. Adelmann · 1999 4 citations

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Housing & Redevelopment Authority ex rel. City of Richfield v. Adelmann · 1999 4 citations

+ 4 more citations in this opinion.

City of Granite Falls v. Soo Line Railroad · 2007 2 citations

+ 2 more citations in this opinion.

CONDEMNATION BY HOUS. & REDEV. v. Suh · 1996 2 citations

ISSUES I. Did the condemnor's failure to comply with the notice requirements of Minn. Stat. §§ 117.115, subd. 2, 117.145 (Supp.1995) deprive the district court of jurisdiction over the condemnor's appeal from the Commissioners' award? *117 II. Did the district court err in finding that the fee owner was not estopped from challenging the district court's jurisdiction?

I The notice requirements for an appeal from a Commissioners' award are jurisdictional in nature. State by Mattson v. Goins, 286 Minn. 54, 57, 174 N.W.2d 231, 233 (1970). Noncompliance with the statutory prerequisites for an appeal deprives the district court of jurisdiction over the appeal. Id. A proper appeal from a Commissioners' award requires: (1) filing with the court administrator a notice of such appeal, and (2) serving by mail a copy of such notice on all respondents and all other parties to the proceedings having an interest in any parcel described in the appeal who are shown in the petitioner's affidavit of mailing, required by section 117.115, subdivision 2, as having been mailed a notice of the report of the commissioners. Minn. Stat. § 117.145 (Supp.1995). Under section 117.115, subdivision 2, the condemning authority must first send notice of the filing of the Commissioners' report to "(1) each respondent listed in the petition as having an interest in any parcel described in the report; (2) each other party to the proceeding whose appearance has been noted by the court in its order approving the petition under section 117.075; and (3) each respondent's attorney." Minn. Stat. § 117.115, subd. 2 (Supp.1995). An earlier version of the notice of appeal provision required that notice be given "to all parties of record having an interest in lands described in the appeal." Minn. Stat. § 117.145 (1994). The supreme court construed this provision as requiring an appealing party to serve a notice of appeal on "those individuals or entities that are named in the condemnation petition and have been served with process." County of Dakota v. Lyndale Terminal, 529 N.W.2d 672, 674-75 (Minn.1995). The supreme court decided Lyndale Terminal in April 1995, while legislation to amend Minn. Stat. § 117.145 (1994) was pending in the legislature. This court subsequently suggested that the amending legislation supported the interpretation given in Lyndale Terminal. Minneapolis Community Dev. Agency v. Golden Spike, Inc., 536 N.W.2d 30, 33 (Minn.App.1995) (applying Minn. Stat. § 117.145 (1994)), review denied (Minn. Oct. 18, 1995). In Golden Spike we also held that, under Minn. Stat. § 117.145 (1994), no jurisdictional defect resulted from a failure to serve a notice of appeal on parties who had settled their claims to the condemnation proceeds. Id. at 32. Applying the reasoning of Lyndale Terminal and the plain language of the 1995 amendment, we conclude that the notice of appeal provision, 1995 Minn.Laws ch. 106, § 3 (codified at Minn. Stat. § 117.145 (Supp. 1995)), continues to require service of notice on individuals and entities who were named in the condemnation petition, who have not been dismissed as parties, and who have not settled their claims to the condemnation proceeds. See Minn. Stat. § 645.16 (1994) (absent ambiguity courts must follow plain language of statute). The HRA argues that we should further extend the Golden Spike rationale and allow a party to appeal a Commissioners' award even though that party has not served a notice of appeal on respondents who were named in the condemnation petition and who have not settled their claims. Specifically, the HRA maintains that the provisions of Minn. Stat. § 117.145 (Supp.1995) should not mandate service of a notice of appeal on tenants who have entered into leases under terms that provide that the leases will terminate in the event of a public taking. Generally, a tenant may receive no compensation for the loss of his interest in a lease if the lease provides that it will automatically terminate upon the condemnation of the leased property. Naegele Outdoor Advertising Co. v. Village of Minnetonka, 281 Minn. 492, 503, 162 N.W.2d 206, 214 (1968). In view of this general rule, the HRA contends that a tenant who enters into such a lease has no interest in the condemnation proceeds and should not be entitled to *118 receive a notice of appeal. We do not address the merits of this argument because the record contains only one tenant's lease and does not establish that the other nonsettling tenants had leases that automatically terminated their interests in the event of a public taking. It is undisputed that the HRA failed to serve a notice of appeal on any of the tenants who were named as respondents in the condemnation petition, including several tenants who did not settle their claims with Shin Jae Suh or the HRA. The HRA also failed to serve notice of the filing of the Commissioners' report on any of the named respondents, including Shin Jae Suh. The notice requirements of Minn. Stat. §§ 117.145, 117.115, subd. 2 (Supp.1995) were not met, and the district court properly determined that it lacked jurisdiction to consider the HRA's appeal from the Commissioners' award.

Condemnation by the Housing & Redevelopment Authority in & for the Fridley v. Shin Jae Suh · 1996 2 citations

+ 2 more citations in this opinion.