03/11/14 - Laserfiche WebLink

Home

REIMBURSEMENT OF LITIGATION EXPENSES If any of the three following conditions exist, the County must reimburse you for your reasonable costs, disbursements, and expenses, including reasonable attorney, appraisal, and engineering fees which you have actually incurred. Such litigation expenses are reimbursable only under these conditions: If the County starts a condemnation action, but the court decides that the County does not have authority to acquire your property by condemnation, or If the County starts a condemnation action and abandons it, or If you as owner, successfully maintain an inverse condemnation proceeding. (Inverse condemnation is a legal process by which an owner brings suit against the County to prove that they have taken compensable property rights without payment of just compensation). You are entitled to be reimbursed for fair and reasonable expenses you necessarily incurred for: 1 Recording fees, transfer taxes, and similar expenses incidental to conveying your real property to the acquiring agency. 2 Penalty costs for prepayment of any pre- existing, recorded mortgage, entered into in good faith, encumbering your property, 3 The pro -rate portion of prepaid real property taxes that can be reimbursed in accordance with state law. APPEALS You may file a written appeal with the County in any case in which you believe that the County has failed to properly determine your eligibility for, or the amount of, a payment required for those expenses incidental to transfer of title to the County or certain litigation expenses as mentioned above. The County shall consider all written appeals, regardless of form, In filing an appeal you have the right to be represented by legal counselor other representative in connection with the appeal, but solely at your own expense, In making an appeal you shall be permitted to inspect and copy all materials pertinent to the appeal, except materials which are classified as confidential by the County. Reasonable conditions may be imposed upon right to inspect, consistent with applicable laws. SUMMARY AND CONCLUSION What is stated here is brief and general. If you desire more information, you may request assistance from the Acquisition Agent assigned to acquire your property. Anoka County Department of Highways Right -of -Way, 1440 Bunker Lake Boulevard, Andover, MN 55304 Phone 763- 862 -4200 Fax 763- 862 -4201