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After all necessary documents have been prepared and signed, payment will be processed. If there is a mortgage on your property the County will need to obtain a (partial) release of the mortgage covering that part of your property acquired by the County. The mortgagee of your property may require that any or all proceeds from the County's acquisition of your property be paid to the mortgagee and applied to the balance of your mortgage. In such instances a check will be made out payable to you and your mortgage company. You will then have to come to the County's Right of Way Office and sign the check, after which the County will mail the check to the mortgage company. If you do not have a mortgage and /or your mortgage company does not wish to receive any of the proceeds from the condemnation, the County will issue a check payable to you. If all or a major portion of your property is being acquired, it will be necessary that all current and delinquent real estate taxes, as well as all special assessments, be paid in full. If only a small portion of your property is being acquired, any delinquent taxes must be paid, although in some instances the County may be able to record the documents notwithstanding current real estate taxes due. The County can advise you on payment of taxes due. The County will make every reasonable effort to avoid litigation by acquiring your property through direct negotiation. RELOCATION If you must move because your home is being acquired, or if you must relocate your business or farm operation because of the acquisition of your property, you will be given at least 90 days written advance notice of the date by which you are required to move. If you have to move from your home, a decent, safe and sanitary replacement dwelling must be available to you, on a nondiscriminatory baSiS, prior to your displacement. You are not required to surrender possession of your property until: 1 You have been paid the agreed purchase price, or 2 A deposit has been made with the court, for your benefit; in an amount not less than the County approved appraisal, or the amount of the award of compensation in a condemnation proceeding. Once the County has acquired your property, it may decide to rent it, subject to termination on short notice. The amount of rent charged you, or another tenant, will not exceed the fair rental value of the property to a short-term occupier. You may make a gift or donation of the property, or any part of it, or any of the compensation paid for it, to the County. You have the right to receive just compensation for the acquisition of the property if it is desired. You are also entitled to have an appraisal made of the property along with an offer of just compensation. However, you may release the County from either or both of the obligations. It is your option. CONDEMNATION If agreement cannot be reached on the purchase of your property the County will acquire your property by the exercise of the power of eminent domain. If a situation such as this does occur, the County will institute formal condemnation proceedings, at this time all parties with an interest in the property will be notified of the action. Under eminent domain procedures, the court appointed commissioners may, at their discretion, allow reasonable owner appraisal costs not to exceed $5,000, if not previously compensated. Reimbursement for appraisal fees must not be duplicated. Attorney fees are compensated according to Minnesota Statutes Chapter 117.031, BUILDINGS, STRUCTURES AND IMPROVEMENTS - SINGLE OWNERSHIP When the County obtains an interest in your land, it must acquire at least an equal interest in any buildings, structures or improvements located on the acquired land, if they are required to be removed or if the highway project will adversely affect them. TENANT - OWNED BUILDINGS, STRUCTURES AND IMPROVEMENTS The County is required to pay for property as if it were in a single ownership and the contributory value of a tenant's improvements will be paid. In other words, if you are a tenant who owns a building, structure or improvement on land required for public purposes, the offer made by the County to the landowner will include either the fair market value which your building, structure or improvement contributes to the real property or the fair market value of the building, structure or improvement for removal from the real property, whichever is greater. As a tenant owning any buildings, structures or improvements on real property you must reach agreement with the landowner as to your share of the settlement.