A Condemnation proceeding is commenced when a government or other public service entity files an action to take property for a public purpose (e.g. highways, parks, schools, utilities, etc.). This typically involves more than one parcel of land. Hennepin County averages about 15-20 Condemnation cases filed per year. When a new action is filed, it is randomly assigned to a judge and a hearing is scheduled by the Petitioner with the judicial staff (Minn. Stat. §117.075 Subd.1).
The judge will hear any evidence offered for or against the granting of the petition and issue an order. If the judge grants the petition, they will typically appoint commissioners to determine and report on the amount of the damages that will be incurred by the persons identified as owners due to the taking of the property.
Fourth Judicial District Commissioners Guideline and Compensation in Condemnation Proceedings
Filing an appeal of the award of commissioners in a condemnation case
Upon the filing of the Report of Commissioners, any party to the proceeding may appeal to the district court at any time within 40 days from the date the report was filed. The party must file a new Condemnation Appeal case with their notice of appeal and pay a first filing fee. The case will be assigned to the judge who heard the original Condemnation case unless they are no longer on the Civil Bench.
How to apply to be a potential commissioner in Hennepin County
Minn. Stat. §117.075 Subd. 3 provides that: “The court, in its discretion, may appoint one registered, practicing attorney to the commission who is knowledgeable in eminent domain matters. All other commissioners appointed must be persons actively engaged in the occupation of real estate sales or real estate appraising or persons knowledgeable in real estate values.”
If you are interested in serving as a potential Condemnation Commissioner, please complete the application along with any pertinent information. Hennepin County District Court fosters an inclusive, multicultural environment that values diversity and relationships. All qualified individuals, including women, persons of color, individuals with disabilities and veterans are encouraged to apply.
Thank you for your interest and willingness to serve as a Condemnation Commissioner in Hennepin County District Court.