RE: [Winona] Eminent Domain

[Phil Carlson]

[Winona Online Democracy]

I don't know anything about the specifics of the Pelzer Street case, but I do know that in Minnesota:   *  A public entity can offer a property owner compensation based on an appraisal the public entity does, which the owner can accept or reject.  *  The owners can get their own appraisal, which the city can then accept or reject.  *  If they cannot come to agreement then it goes to a condemnation commission - a three-member panel appointed by the District Court - which hears the case in a hearing more or less like a court, but there is no judge (it is run by the commission chair) and it is less formal, although both sides are usually represented by attorneys and they bring in other experts. *  The commission makes an award which can be accepted by both sides, or appealed by either side to District Court. *  If appealed, then there would be a jury trial in District Court.   In any specific case there are several points in the process where a settlement could be reached (sometimes on the courthouse steps as the case is going to trial) and you would never see news of a trial.  But the settlement is public information and should be readily available.  Sometimes it is years for the whole process to take its course.   In any case where the property is large enough and valuable enough it may be worth a property owner's effort to challenge the initial offering and get a second opinion, if the difference is significant, which it often is.   And yes, a tunnel for a street project would be well within anyone's definition of "public purpose" and shouldn't be affected by discussions in the wake of the Kelo vs. New London Supreme Court case.   Phil Carlson, Mpls   -----------------    Speaking of eminent domain: two individuals, a portion of whose property was appropriated for the Pelzer project, contested their compensation as being inadequate. That was a while ago and I haven’t seen any news of a court ruling on the matter. (No houses involved, just vacant land along the right of way. I don’t recall any of the homeowners going to court.) I wonder about the outcome. Maybe that’s something that takes years to resolve.   The issue looks like it will get much attention in this year’s Minnesota legislature. I’d guess, based on a casual observation of the area around the Huff Street rail crossing, that eminent domain would need to be invoked for the tunnel project. Even if the tunnel could be confined to the current right of way, Belleview Street would likely be blocked off as would access to adjacent businesses. Of course, that’s for a road expansion which isn’t so controversial a use of eminent domain as an urban revitalization scheme.   John N. Finn

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