The above-entitled matter came on for hearing before the Honorable Frank J. Kundrat,

Similar documents
Peggy Gentles, Court Administrator By: Ruth Stoicl<., Deputy Wright County District Court 10 2nd Street NW Rm 201 Buffalo MN

IN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE December 4, 2000 Session

The Commission met on July 29, 2010, with Commissioners Boyd, O Brien, Pugh and Reha present. TELEPHONE AGENDA

Electric Transmission Siting Processes in Selected Western and Midwestern States. October, 2010

The Commission met on Thursday, March 18, 2010, with Chair Boyd and Commissioners O Brien, Pugh, Reha and Wergin present.

STATE OF MINNESOTA IN SUPREME COURT A Court of Appeals McKeig, J.

The Commission met on Thursday, January 27, 2011, with Commissioners O Brien, Pugh, Reha and Wergin present. ENERGY AGENDA

BEFORE THE MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS 600 North Robert Street St. Paul, Minnesota 55101

BEFORE THE MINNESOTA PUBLIC UTILITIES COMMISSION. Beverly Jones Heydinger. J. Dennis O Brien Commissioner

STATE OF MINNESOTA IN COURT OF APPEALS A

Legalectric, Inc. Carol Overland Attorney at Law, MN # Energy Consultant Transmission, Power Plants, Nuclear Waste

CHAPTER NONCONFORMITIES SECTION GENERALLY Intent and Purpose

The Commission met on Thursday, July 11, 2013, with Chair Heydinger and Commissioners Boyd, Lange, O Brien and Wergin present.

SUB-ANALYSIS. Title CONSTRUCTION LICENSING, PERMITS AND REGULATION

SENATE, No STATE OF NEW JERSEY. 216th LEGISLATURE INTRODUCED FEBRUARY 9, 2015

THE SUPREME COURT OF NEW HAMPSHIRE MERRIAM FARM, INC. TOWN OF SURRY. Argued: June 14, 2012 Opinion Issued: July 18, 2012

STATE OF MINNESOTA IN SUPREME COURT. Martin M. Harstad, et al. RESPONSE TO PETITION FOR REVIEW. Respondents, Appellate Case No.

CITE THIS READING MATERIAL AS:

No December 9, P.2d 970. Appeal from the Eighth Judicial District Court, Clark County; Ryland G. Taylor, Judge, Department No. 3.

49TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 2009

5/2/2016. Utah Municipal Code. Outdoor Advertising Act. Utah Code Utah Code 10-9a-511. Utah Code Utah Code 10-9a-513

The Commission met on Thursday, August 12, 2010, with Commissioners Boyd, O Brien, Pugh, Reha and Wergin present. ENERGY AGENDA

1.) Does your commission or regulatory body have specific statutory authority for transmission siting in your jurisdiction?

In the Matter of Xcel Energy's Application for a Route Permit for the CapX2020 Hampton-Rochester-La Crosse High Voltage Transmission Line

CASE 0:09-cv SRN-JSM Document 294 Filed 09/16/11 Page 1 of 6 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA. v. ORDER

STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE PUBLIC UTILITIES COMMISSION

The Commission met on Tuesday, December 21, 2010, with Chair Boyd and Commissioners O Brien, Pugh, Reha, and Wergin present. TELECOMMUNICATIONS AGENDA

[J ] IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT : : : : : : : : : : : : : : : DISSENTING OPINION

PRIOR HISTORY: [*1] Redwood County District Court. File No. 64-C

CHAPTER Committee Substitute for Committee Substitute for Senate Bill No. 1672

Amended: July 12, 2010 ( Resolution No. 6136) An Economic Development Agency. Amended: February 12, 1996 ( Resolution No Adopted: July 8, 1985

INTRODUCTION AUDITOR'S REPORTS ON COMPLIANCE

BEFORE THE TENNESSEE REGULATORY AUTHORITY NASHVILLE, TENNESSEE. May 5, 2015 ORDER GRANTING CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY

Upon motion by, seconded by, the following. Ordinance was duly enacted, voting in favor of enactment, voting against enactment.

ORDINANCE NO. 103, FOURTH SERIES

Manta Dircks, Rhode Island Sea Grant Law Fellow December 2016

Notice of Filing of Order

STATE OF MINNESOTA IN SUPREME COURT

(4) Airport hazard area means any area of land or water upon which an airport hazard might be established.

LINDQUIST & VENNUM P.L.L.P.

This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2008).

2:14-cv AC-MKM Doc # 11 Filed 04/24/14 Pg 1 of 13 Pg ID 549 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN

ARENZ, MOLTER, MACY, RIFFLE, LARSON & BITAR

TABLE OF CONTENTS. Introduction...

Supreme Court of Florida

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SACRAMENTO GORDON D SCHABER COURTHOUSE MINUTE ORDER

Case3:12-cv JCS Document47 Filed09/28/12 Page1 of 8

The State of Minnesota, by its Attorney General and its Commissioners of Pollution

THREE RIVERS PARK DISTRICT

ISSUING AGENCY: New Mexico Renewable Energy Transmission Authority ( Authority ). [ NMAC - N, 12/15/2011]

160A-439. Ordinance authorized as to repair, closing, and demolition of nonresidential buildings or structures; order of public officer.

The above-entitled matter came before the Honorable Susan M. Robiner on January 20,

Municipal Township Initiative and Referendum

Judge of District Court, on the 22nd day of Mayy, 2000, at the Ramsey County Courthouse,

) mbeifana s /!fj_. Plaintiffs appeal from a decision by Defendant's, Council of the Town of

The Commission met on Thursday, December 2, 2010, with Commissioners Boyd, O Brien, Pugh, and Wergin present. ENERGY AGENDA

The 2006 Florida Statutes

Court File No.: 27-CV APPEARANCES. The above-entitled matter came before the Honorable Michael K. Browne, Judge of

IN THE SUPREME COURT OF IOWA NO

United States Court of Appeals for the Ninth Circuit

2016 Thomson Reuters. No claim to original U.S. Government Works. 1

Model Mutual Aid Agreement for Emergency Management and Homeland Security

No May 15, P.2d 620

CITY OF WAUCHULA/HARDEE COUNTY INTERLOCAL AGREEMENT FOR RIGHT OF WAY UTILIZATION

A CLOUD ON EVERY DECISION : NOLLAN/DOLAN AND LEGISLATIVE EXACTIONS

STATE OF MINNESOTA IN COURT OF APPEALS A Ann M. Firkus, Appellant, vs. Dana J. Harms, MD, Respondent.

152 FERC 61,253 UNITED STATES OF AMERICA FEDERAL ENERGY REGULATORY COMMISSION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION

CHAPTER House Bill No. 1205

REVISOR FULL-TEXT SIDE-BY-SIDE

The Commission met on Tuesday, November 22, 2011, with Vice Chair Reha presiding and Commissioners Boyd and O Brien present. TELECOMMUNICATIONS AGENDA

08/22/12 REVISOR JSK/AA

CITY OF ST. AUGUSTA ORDINANCE# CHARITABLE GAMBLING

Legislative and Law Committee Update Minnesota Judicial Branch

AIRPORT HAZARD ZONING ORDINANCE BRAZORIA COUNTY AIRPORT

Plaintiffs, ORDER GRANTING DEFENDANT S MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFFS MOTION FOR SUMMARY JUDGMENT

STATE OF MICHIGAN COURT OF APPEALS

WESTERN PLYMOUTH NEIGHBORHOOD ALLIANCE COMMENTS ON PETITION TO WITHDRAW APPLICATIONS

STATE OF MINNESOTA IN SUPREME COURT NO. C PETITION OF MINNESOTA STATE BAR ASSOCIATION

December 21, I thank you for your letter dated December 12, BACKGROUND

TITLE 1. General Provision for Use of Code of Ordinances. Enforcement of Ordinances; Issuance of Citations CHAPTER 1

STATE OF MINNESOTA IN SUPREME COURT A In re Petition regarding Filed: December 7, Gubernatorial Election. Office of Appellate Courts

HOME RULE CITY CHARTER

State of New York Supreme Court, Appellate Division Third Judicial Department

STATE OF MINNESOTA IN SUPREME COURT A Court of Appeals Anderson, J. Took no part, Chutich, McKeig, JJ.

CONSISTENCY UNDER COMPREHENSIVE PLANNING

DEVELOPMENT AGREEMENTS CALIFORNIA GOVERNMENT CODE

THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL

CORRECTED NOTICE OF PUBLIC AND EVIDENTIARY HEARINGS Issued: October 19, 2016

CASE 0:15-cv DWF-JSM Document 1-1 Filed 12/24/15 Page 1 of 14 ) ) ) ) ) ) ) ) ) ) ) THIS SUMMONS IS DIRECTED TO THE ABOVE-NAMED DEFENDANT:

The Commission met on Monday, November 24, 2014, with Chair Heydinger, and Commissioners Boyd, Lange, Lipschultz, and Wergin present.

Minnesota Public Utilities Commission Staff Briefing Papers

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT. Nos , , & TRANSCONTINENTAL GAS PIPE LINE COMPANY, LLC,

STATE OF NEW YORK STATE BOARD OF ELECTIONS CERTIFICATION

B. DOUBT IS RESOLVED IN FAVOR OF REQUIRING COMPLETENESS.

Notice of Filing of Order

BEFORE THE MUNICIPAL BOARD OF THE STATE OF MINNESOTA Gerald J. Isaacs Robert W. Johnson Thomas J. Simmons Gerald Tiedeman Rosemary Ahmann

LAND CONSERVATION CONTRACT

MINUTES OF THE ADJOURNED REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE SAN JOAQUIN REGIONAL TRANSIT DISTRICT WEDNESDAY, APRIL 17, 2013

TREE CUT RESTRICTION

Transcription:

STATE OF MINNESOTA COUNTY OF STEARNS Northern States Power Company ( d/b/a Xcel Energy) a Minnesota corporation, by its Board of Directors; Great River Energy, a Minnesota cooperative corporation, by its Board of Directors; ALLETE, Inc. ( d/b/a Minnesota Power), a Mim1esota corporation, by its Board of Directors; Western Mim1esota Municipal Power Agency, a municipal corporation and political subdivision of the State of Minnesota, by its Board of Directors; and Otter Tail Power Company, a Miimesota corporation, by its Board of Directors, DISTRICT COURT SEVENTH.JUDICIAL DISTRICT Court File Nos. 73-CV-10-10828 73-CV-10-94 72 ORDER ON MINIMUM COMPENSATION AND RELOCATION BENEFITS UNDER CHAPTER 117 Petitioners, v. Roger A. Aleckson, et al., and Victor E. Spears, et al., Respondents. The above-entitled matter came on for hearing before the Honorable Frank J. Kundrat, Judge of District Court, Stearns County, on April 20, 2011, based upon Motions for the Release of Funds. Petitioners appeared by their attorneys, Steven J. Quam and John Drawz, Fredrickson & Byron, P.A. Attorneys Igor S. Lenzner, Bradley V. Larson, and Michael Rajkowski appeared on behalf of Respondents. During the course of the hearing, the paiiies asked the Co mi to rule on the applicability of minimum compensation and relocation benefits under Minnesota Statutes Chapter 117 to proceedings based on Mi1m. Stat. 216E.12, subd. 4, commonly lmown as the "Buy-the-Farm

Statute." Based on the arguments and submissions of counsel, as well as all the files, records, and proceedings herein, the Comi makes the following: ORDER 1. Minimum compensation, pursuant to Minn. Stat. 117.187, applies to proceedings under Minn. Stat. 2 l 6E. l 2, subd. 4. 2. Relocation benefits, pursuant to Minn. Stat. 117.52, applies to proceedings under Minn. Stat. 216E.12, subd. 4. 3. The attached MEMORANDUM shall be made part of this Order as if fully set out herein. IT IS SO ORDERED. FILED Stearns County District Court By-= Cheryl A. ~ 2

', MEMORANDUM I. BACKGROUND FACTS On October 19, 2010 and December 1, 2010, Petitioners commenced these condemnation actions by filing their Petitions with the District Court Administrator. Petitioners have brought these actions to acquire easements across various parcels of land located in Steams County. These easements, as well as others acquired by Petitioners through direct negotiation, are necessary for the construction, operation and maintenance of 345 kv High Voltage Transmission Lines ("HVTL"). The HVTL project extends for approximately 28 miles between Monticello and St. Cloud. The relevant Respondents remaining in these actions are owners of the parcels Petitioners seek to acquire. Pursuant to Mi1111. Stat. 216E.l2, subd. 4, otherwise known as the "Buy-the Farm" statute, these Respondents have exercised their option to require the utilities to condemn their entire fee interest in the properties. The issues currently before the Comi are: (1) does Minn. Stat. 117.187 regarding the payment of "minimum compensation" apply to homesteads where the owners have elected the "buy-the-farm" option under Minn. Stat. 216E.12; and (2) are Petitioners required to pay relocation benefits and services under Minn. Stat. 117.52 to homeowner/occupants who have elected the "buy-the-farm" option under Minn. Stat. 216E.127 II. LAW AND ANALYSIS A. Minimum Compensation Mim1esota Statutes Chapter 2 l 6E, known as the Mi1111esota Power Plant Siting Act, gives public utilities such as Petitioners, the power to condemn property in eminent domain proceedings. The specific eminent domain and condemnation powers of utilities at issue here are found in Mim1. Stat. 216E.12. Pursuant to Chapter 216E, Petitioners have obtained a permit 3

for the construction of high-voltage transmission lines and have begun the process of acquiring easements across the necessary property. Respondents, as owners of the properties subject to Petitioners' easements, made a "buy-the-farm" election under Minn. Stat. 216E.12, subd. 4 to have Petitioners condemn a fee interest in their entire properties. Petitioners now argue that when a prope1iy owner makes a "buy-the-farm" election under Minn. Stat. 216E.12, subd. 4, the public utility acquiring the fee interest in the subject property does not have to pay minimum compensation or relocation benefits to that person. For the reasons set forth herein, the Comi does not agree with Petitioner's argument, as the plain language of the applicable statutes dictates otherwise. A critical staiiing point in this statutory analysis is that in proceedings for the acquisition of property for the "construction of a route or a site, the proceedings shall be conducted in the manner proscribed in chapter 117, except as otherwise specifically provided in this section." Minn. Stat. 216E.12, subd. 2 (emphasis added). Upon review of Minnesota Statutes Chapter 216E, the Court finds that the legislature did not see fit to except minimum compensation under Minn. Stat. 117.187 or relocation benefits under Minn. Stat. 117.52 from Chapter 216E proceedings. Under Minnesota Statutes Chapter 117, the legislature has provided that "[ n ]otwithstanding any other provision of law, including any charter provision, ordinance, statute, or special law, all condemning authorities, including home rule charter cities and all other political subdivisions of the state, must exercise the power of eminent domain in accordance with the provisions of this chapter, including all procedures, definitions, remedies, and limitations." Mim1. Stat. 117.012, subd 1. The case law on statutory construction provides that "a statute is to be construed, whenever reasonably possible, in such a way to avoid 4

irreconcilable differences and conflicts with another statute." Miller v. Colortyme, Inc., 518 N.W.2d 544, 551(Minn.1994). In this case, the Court finds that Mim1. Stat. 216E.12 and Minn. Stat. 117.187 are not in conflict with each other. Additionally, "[c]ourts should be extremely cautious in reading an exception into a statute." United States v. City Nat 'l Bank of Duluth, 31 F.Supp. 530, 535 (D. Mim1. 1939). Another important factor in this analysis is that the Minnesota Constitution provides that "[p]rivate prope1iy shall not be taken, destroyed or damaged for public use without just compensation." Minn. Const. art. I, 13. See also U.S. Const. amend. V. In this case, Respondents' prope1iies are being taken by Petitioners for public utility use under the governmentally delegated power of eminent domain. In such cases, the question is whether "justice and fairness require that the economic injuries caused by public action be ~ompensated" by the entity causing the taking. Wensmann Realty, Inc. v. City of Eagan, 734 N.W.2d 623, 632 (Minn. 2007). The Courts have generally ruled in favor of the property owners when presented with such question. See, e.g., DeCook v. Rochester lnt'l Airport Joint Zoning Bd., - N.W.2d _, 2011WL1135459 (Minn.); Loretto v. Teleprompter Manhattan CATV Corp., 458 U.S. 419 (1982). Based on the foregoing analysis, the Court finds that Respondents who have made a "buy-the-farn1" election under Minn. Stat. 216E.12, subd. 4 are also entitled to minimum compensation under Minn. Stat. 117.187. B. Relocation Assistance The same analysis and reasoning that applied to the issue of minimum compensation as set f01ih above, applies with equal force to the issue of relocation assistance under Minn. Stat. 117.52. The legislature did not except relocation benefits from the statutory scheme created under Mim1esota Statutes Chapter 2 l 6E, nor were eminent domain proceedings involving 5

HVTLs excepted from Minnesota Statutes Chapter 117. In further support of the conclusion that minimum compensation and relocation benefits are available to Respondents who made a "buythe-farm" election, the legislature has mandated that these two statutes are applicable in cases where the use of eminent domain authority is exercised by a public service corporation for the purpose of constructing "a high-voltage transmission line of 100 kilovolts or more." Minn. Stat. 117.189(1). III. CONCLUSION The plain language of Miimesota Statutes Chapters 117 and 216E provide that public utilities who exercise the power of eminent domain for the construction of HVTLs must abide by the procedures and remedies in Chapter 117. Under Minnesota Statutes Chapter 117, regardless of whether a private property owner has made an election under Mim1. Stat. 216E.12, subd. 4, the property owner is entitled to minimum compensation under Minn. Stat. 117.187 and relocation benefits under Minn. Stat. 117.52. In this case, Petitioners shall provide these benefits to Respondents who have made a "buy-the-farm" election, pursuant to Minn. Stat. 216E.12, subd. 4. F. J. K. 6