CASE TYPE:
CONDEMNATION
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF DAKOTA FIRST JUDICIAL DISTRICT
The County of Dakota, District Court File
No.
19HA-CV-24-1116
(C.P. 26-67),
Petitioner,
NOTICE OF PUBLIC NEED HEARING
v.AND MOTION FOR AN ORDER
TRANSFERRING TITLE AND POSSESSION
Northern States Power Company,
formerly Northern States Power Corporation,
dba Xcel Energy, et al.,
Respondents.
IN THE MATTER OF THE CONDEMNATION
OF CERTAIN LANDS FOR HIGHWAY PURPOSES
TO THE RESPONDENTS HEREINABOVE NAMED:
PLEASE TAKE NOTICE, YOU, and each of you, are hereby notified that on May 13, 2024 at 9:00 a.m., or as soon thereafter as counsel can be heard, in the Dakota County Judicial Center, 1560 Highway 55, Hastings, Dakota County, Minnesota, the Petitioner will present to the Court a Petition now on file with the Court for the condemnation of certain lands for highway purposes as described in the Petition and identified in the attached Exhibit A.
This hearing is required by Minn. Stat. § 117.075. The Court will only hear testimony offered for or against granting the petition for condemnation. The Court will not hear testimony related to damages. The Petitioner prays for the appointment by the court of commissioners to ascertain and report damages that will be caused by the taking of said real estate interests.
YOU ARE FURTHER NOTIFIED, that at the same time and place as stated above, Petitioner will move the Court for an order authorizing Petitioner to cause the early transfer of title of the real estate interest described in the Petition in accordance with Minn. Stat. § 117.0142, effective as of August 11, 2024. At the May 13, 2024 hearing, the Petitioner will bring before the Court a motion for an order permitting the Petitioner to pay the Respondents or deposit into Court an amount equal to the approved appraised value of the affected real estate interests, thereby transferring title and possession to the real estate interests to the Petitioner as of the dates specified in the order.
In accordance with the provisions of Minn. Stat. § 117.055, subd. 2, notice is hereby given that:
(1)any party wishing to challenge the public use or public purpose, necessity, or authority for a taking must appear at the court hearing on public need and state the objection or must appeal within 60 days of a court order approving public need; and
(2)a court order approving the public use or public purpose, necessity, and authority for the taking is final unless an appeal is brought within 60 days after service of the order on the party.
If the Court finds public need for the project has been proven, the Court will appoint condemnation commissioners to ascertain and report damages caused to the various owners resulting from the taking.
The objects of said Petition are to acquire permanent highway easements and temporary easements for highway purposes over the lands described in the Petition.
Dated: March 28, 2024 KATHRYN M. KEENA
DAKOTA COUNTY ATTORNEY
By: /s/ Joseph Marek
Joseph Marek
Assistant County Attorney
Attorney Registration No. 0400168
Dakota County Judicial Center
1560 Highway 55
Hastings, MN 55033
Telephone: (651) 438-4438
Email for eService only:
civilecourt@co.dakota.mn.us
*not for correspondence use
Attorney for Dakota County
EXHIBIT A
The lands proposed to be acquired are situated in Dakota County, Minnesota, and are hereinafter described. The names of all persons appearing of record or known to Petitioner to be the owners of said land or to have an interest therein, together with the nature of the ownership or interest of each, as nearly as can be ascertained, are as follows:
EXHIBIT A
4 4, 11 18
