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CHAPTER [ 0 <br /> <br />51~; f& c .;mmec~poitx <br />E'r('v .4'.4e"~'..';47 N W.2d 400 <br />!.,Minn. (': App <br /> <br />.Cor;~.. 566 bi W 2~ 331 ~ Nhlm <br /> <br />Humpitrev. 57! N W 2~{ 47 <br />iMmn. C~ ,'~i~13 i907~ <br /> <br />.'~.ot;stH~ c~ Rudvve/opmen; .-i <br />o/'~_~0,' q/'.Sz. Potd. <br />603 N W 2d .44! ;Mum. 2003i <br /> <br />Filing a notice of pendency in eminent domain proceedings is mandatory. <br />The filing should be in the registrar of titles for registered land, in the county <br />recorder for unregistered [and. and in both for registered and um'egisrered <br />[and. <br /> <br />When property is targeted for condemnation in a pre-condemnation plan or <br />otherwise and the plans for condemnation are abandoned, a temporary taking <br />of the property may i~ave occurred during the time the property is targeted for <br />condemnation. This happens when all econornical!y viable uses of the land <br />are denied to the landowner because o[-'dne losses due to inabiliry to sell and <br />substantiai deciines in renta{ and development activity. <br /> <br />Loss of access to a property due to d~e taking of property fora road project <br />may be a compensable taking because property owners have a right to <br />'.'easonabiy convenient and suitable access to a public street in at least one <br />direction. Substantial inconvenience is not tantamount to a denial oi-' <br />reasonable access. <br /> <br />Generally, upon condemnation of property, a tenant is entitled to share in tine <br />award of compensation to [he extent of the valuation or-the tenant's <br />le~einold. [f doe lease contains a clause rlaar automadcaily terminates the <br />lease upon condemnation, the tenant is entitled to no compensation. <br /> <br />C. Relocation and appraisal fees <br /> <br />The city must pay relocation ass[stance and benefits to the residents or <br />businesses [he city displaces through eminent domain, or by purch~e of <br />property if federz{ reiocation assis~o~nce and behests ~re no~ available. This is <br />a cost cities w/il incur with almost every acqLtisidon, and the council should <br />consider tr ,,vtqen making a decision to acquire !and. tn some limited <br />circumstances, owner-occupants may waive relocation benefits. <br /> <br />Absent a showing of a city council's pardalit:.,' on a specific issue reiated to <br />an application for relocation benefits, a city does not violate its clear duty.to <br />select a ~'ah' ~nd impartial dec/sion-maker by desit,narin~ tine city council to <br />hear an :tppeal. <br /> <br />',4. AhIDBI)uK F©R ),'[tNt'i£SO'fA f_'iTiES <br /> <br />114 <br /> <br /> <br />