CONDEMNATION
CONDEMNATION
STATE OF MINNESOTA
COUNTY OF KITTSON
IN DISTRICT COURT
NINTH JUDICIAL DISTRICT
COURT FILE NO. 35-CV-21-136
State of Minnesota, by its Commissioner of Transportation, Petitioner,
vs.
Mark Austin, Respondents.
IN THE MATTER OF THE
CONDEMNATION OF CERTAIN LANDS FOR TRUNK HIGHWAY PURPOSES
NOTICE
To the Respondents hereinabove named:
You, and each of you, are hereby notified that on MARCH 8, 2022, at 11:00 o’clock AM., or as soon thereafter as counsel can be heard, before Judge Tamara L. Yon, via remote hearing, from the Courthouse at Hallock, Kittson County, Minnesota, the above named petitioner will present to the above named Court a petition now on file herein for the condemnation of certain lands for trunk highway purposes. You are notified this matter is set for a remote hearing. This hearing will not be in person at the courthouse. Instructions for attending the remote hearing may be obtained from Kittson County Court Administration. A copy of said petition is attached hereto and incorporated herein.
YOU, AND EACH OF YOU, ARE FURTHER NOTIFIED, That at the above time and place the above-named petitioner will also move the court for an order transferring title and possession to petitioner of the parcels described in the petition in accordance with Minn. Stat. §117.042, as of April 12, 2022.
YOU, AND EACH OF YOU, ARE FURTHER NOTIFIED, that all persons occupying the property described in the petition must VACATE THE AREA BEING ACQUIRED AND MOVE ALL OF YOUR PERSONAL PROPERTY FROM THE AREA BEING ACQUIRED ON OR BEFORE APRIL 12, 2022. All advertising signs or devices located on the property being acquired must be removed by April 12, 2022.
YOU, AND EACH OF YOU, ARE FURTHER NOTIFIED, that (1) a party wishing to challenge the public use or public purpose, necessity, or authority for a taking must appear at the court hearing and state the objection or must appeal within 60 days of a court order; 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.
Dated: November 19, 2021
KEITH ELLISON
Attorney General
State of Minnesota
s/William Young
WILLIAM YOUNG
Assistant Attorney General
Atty. Reg. No. 0393502
445 Minnesota Street, Suite 1800
St. Paul, Minnesota 55101-2128
(651) 757-1386 (Voice)
(651) 297-1235 (Fax)
william.young@ag.state.mn.us
ATTORNEY FOR PETITIONER
CONDEMNATION
STATE OF MINNESOTA
COUNTY OF KITTSON
IN DISTRICT COURT
NINTH JUDICIAL DISTRICT
COURT FILE NO.35-CV-21-136
State of Minnesota, by its Commissioner of Transportation, Petitioner,
vs.
Mark Austin, City of Hallock, Dawn Austin, County of Kittson, Randy L. Wiese, also known as Randy Lee Wiese, Craig Wiese, Guy Gustafson, Alyssa Gustafson, Gullander Hardware Co., Revelation Ales, LLC, also known as Revelation Ales L.L.C., Northwest Minnesota Foundation, Hallock Homes Inc., Kerry Costin, also known as Kerry M. Costin, Debra Costin, also known as Debra A. Costin, Merchants Bank, National Association, Shelby Lee, Brian Buhmann, Cindy Buhmann, Patrick H. Klegstad, Valley Mortgage, Inc., Mortgage Electronic Registration Systems, Inc., Kayla Hanson, also known as Kayla L. Hanson, Casey J. Ganyo, Amelia Ganyo, Gate City Bank, Brent Donaldson, RaChelle Donaldson, Caribou Grill LLC, also known as Caribou Grill, LLC, an inactive Minnesota limited liability company, Border State Bank, Northwest Regional Development Commission, AmeriprideServices, Inc., Valley Realty Company, also known as Valley Realty Co., Garret Reis, Darcy Reis, KodaBank, Teal Plaine, Jana Riley-Kraulik, also all other persons unknown claiming any right, title, estate, interest or lien in the real estate described in the Petition herein, Respondents.
IN THE MATTER OF THE
CONDEMNATION OF CERTAIN LANDS FOR TRUNK HIGHWAY PURPOSES
PETITION
To the District Court above named the State of Minnesota brings this Petition and respectfully states and alleges:
I.
That Trunk Highway numbered 75, being Route numbered 006, has been located according to law and passes over the lands herein described, and that Trunk Highway Legislative Routes numbered 324A and 328, which has been renumbered 175, and which has been located according to law and passes over the lands herein described.
That it is duly covered by Right of Way Plat Orders numbered 98996, 98997, 98998, and 99000.
II.
That the Commissioner of Transportation deems it necessary that the State of Minnesota for trunk highway purposes obtain the lands herein described in fee simple absolute, and an easement as to Parcel 54, together with the following rights:
To acquire all trees, shrubs, grass, and herbage within the right of way herein to be taken, and to keep and have the exclusive control of the same, as well as a temporary easement in those cases which are herein particularly mentioned.
It is the intention of the above-named petitioner to move the court for an order authorizing the Court Administrator to accept and deposit in an interest-bearing account payments from the petitioner to the court pursuant to Minnesota statutes.
Further, it is the intention of the above-named petitioner to move the court for an order transferring title and possession of the parcels herein described, prior to the filing of an award by the court appointed commissioners, pursuant to Minnesota Statutes §117.042.
The petitioner reserves its right to recover costs of clean up and testing and all other damages arising from the presence of pollutants, contaminants, or hazardous materials on the property described herein, from all potential responsible parties, including respondents herein where appropriate, in a separate legal action to the extent permitted by law.
III.
That the following described lands in these proceedings taken are situated in Kittson County, Minnesota; that the names of all persons appearing of record or known to your petitioner to be the owners of said lands or interested therein, including all whom your petitioner has been able by investigation and inquiry to discover, together with the nature of the ownership of each, as nearly as can be ascertained, are as follows:
Parcel 46 C.S. 3509 (75=6-39-2)
S.P. 3509-26RW
All of the following:
A temporary easement for highway purposes in that part of Lots 8 and 9, Block 1, Hallock, shown as Parcel 46 on Minnesota Department of Transportation Right of Way Plat Numbered 35-13 as the same is on file and of record in the office of the County Recorder in and for Kittson County, Minnesota, by the temporary easement symbol, said easement shall cease on December 1, 2024, or on such earlier date upon which the Commissioner of Transportation determines by formal order that it is no longer needed for highway purposes.
Names of parties interested in the above described land and nature of interest: City of Hallock Fee
Parcel 50 C.S. 3509 (75=6-39-2)
S.P. 3509-26RW
All of the following:
A temporary easement for highway purposes in that part of Lot 8, Block 2, Hallock, shown as Parcel 50 on Minnesota Department of Transportation Right of Way Plat Numbered 35-13 as the same is on file and of record in the office of the County Recorder in and for Kittson County, Minnesota, by the temporary easement symbol, said easement shall cease on December 1, 2024, or on such earlier date upon which the Commissioner of Transportation determines by formal order that it is no longer needed for highway purposes;
excepting therefrom the existing building situate thereon.
Names of parties interested in the above described land and nature of interest:
Randy L. Wiese, Fee
also known as Randy Lee Wiese
Craig Wiese Spouse
County of Kittson Taxes and Special
Assessments
EASEMENT ACQUISITION
Parcel 54 C.S. 3509 (75=6-39-2)
S.P. 3509-26RW
All of the following:
That part of Lots 6, 7 and 8, Block 3, Hallock, shown as Parcel 54 on Minnesota Department of Transportation Right of Way Plat Numbered 35-09 as the same is on file and of record in the office of the County Recorder, in and for Kittson County, Minnesota; together with other rights as set forth below, forming and being part of said Parcel 54:
Temporary Easement:
A temporary easement for highway purposes as shown on said as to said Parcel 54 by the temporary easement symbol, said easement shall cease on December 1, 2024, or on such earlier date upon which the Commissioner of Transportation determines by formal order that it is no longer needed for highway purposes; excepting therefrom the existing basement situate thereon.
Names of parties interested in the above described land and nature of interest:
Revelation Ales, LLC, Fee
also known as Revelation Ales L.L.C.
City of Hallock Mortgage
Northwest Minnesota
Foundation Mortgage
County of Kittson Taxes and Special
Assessments
FEE ACQUISITION
Parcel 43 C.S. 3515 (175=324A) 902
S.P. 3509-26RW
All of the following:
That part of Northwest Quarter of the Northwest Quarter of Section 13, Township 161 North, Range 49 West, shown as Parcel 43 on Minnesota Department of Transportation Right of Way Plat Numbered 35-09 as the same is on file and of record in the office of the County Recorder in and for Kittson County, Minnesota; containing 9,968 square feet, more or less, of which 8,125 square feet is encumbered by an existing highway easement; together with other rights as set forth below, forming and being part of said Parcel 43:
Temporary Easement:
A temporary easement for highway purposes as shown on said plat as to said Parcel 43 by the temporary easement symbol, said easement shall cease on December 1, 2024, or on such earlier date upon which the Commissioner of Transportation determines by formal order that it is no longer needed for highway purposes.
Names of parties interested in the above described land and nature of interest:
Hallock Homes Inc. Fee
County of Kittson Taxes and Special
Assessments
FEE ACQUISITION
Parcel 19 C.S. 3516 (175=328) 902
S.P. 3509-26RW
All of the following:
That part of Southwest Quarter of the Southeast Quarter of Section 12, Township 161 North, Range 49 West, shown as Parcel 19 on Minnesota Department of Transportation Right of Way Plat Numbered 35-11 as the same is on file and of record in the office of the County Recorder in and for Kittson County, Minnesota; containing 709 square feet, more or less, of which 593 square feet is encumbered by an existing highway easement; together with other rights as set forth below, forming and being part of said Parcel 19:
Temporary Easement:
A temporary easement for highway purposes as shown on said plat as to said Parcel 19 by the temporary easement symbol, said easement shall cease on December 1, 2024, or on such earlier date upon which the Commissioner of Transportation determines by formal order that it is no longer needed for highway purposes.
Names of par ties interested in the above described land and nature of interest:
Kerry Costin, Fee
also known as Kerry M. Costin
Debra Costin,
also known as Debra A. Costin
Merchants Bank,
National Association Mortgage
County of Kittson Taxes, Special
Assesssment and Easement
Shelby Lee Occupant
FEE ACQUISITION
Parcel 20 C.S. 3516 (175=328) 902
S.P. 3509-26RW
All of the following:
That part of Southwest Quarter of the Southeast Quarter of Section 12, Township 161 North, Range 49 West, shown as Parcel 20 on Minnesota Department of Transportation Right of Way Plat Numbered 35-11 as the same is on file and of record in the office of the County Recorder in and for Kittson County, Minnesota; containing 1,523 square feet, more or less, of which 1,210 square feet is encumbered by an existing highway easement; together with other rights as set forth below, forming and being part of said Parcel 20:
Temporary Easement:
A temporary easement for highway purposes as shown on said plat as to said Parcel 20 by the temporary easement symbol, said easement shall cease on December 1, 2024, or on such earlier date upon which the Commissioner of Transportation determines by formal order that it is no longer needed for highway purposes.
Names of parties interested in the above described land and nature of interest:
Brian Buhmann Fee
Cindy Buhmann Spouse
County of Kittson Taxes and Special
Assessments
FEE ACQUISITION
Parcel 22 C.S. 3516 (175=328) 902
S.P. 3509-26RW
All of the following:
That part of Southwest Quarter of the Southeast Quarter of Section 12, Township 161 North, Range 49 West, shown as Parcel 22 on Minnesota Department of Transportation Right of Way Plat Numbered 35-11 as the same is on file and of record in the office of the County Recorder in and for Kittson County, Minnesota; containing 1,613 square feet, more or less, of which 1,387 square feet is encumbered by an existing highway easement; together with other rights as set forth below, forming and being part of said Parcel 22:
Temporary Easement:
A temporary easement for highway purposes as shown on said platas to said Parcel 22 by the temporary easement symbol, said easement shall cease on December 1, 2024, or on such earlier date upon which the Commissioner of Transportation determines by formal order that it is no longer needed for highway purposes.
Names of parties interested in the above described land and nature of interest:
Kayla Hanson,
also known as Kayla L. Hanson Fee
County of Kittson Taxes and Special
Assessments
FEE ACQUISITION
Parcel 24 C.S. 3516 (175=328) 902
S.P. 3509-26RW
All of the following:
That part of Lots 9 through 12, inclusive, Block G, and the vacated alley accruing therefore by the reason of the bacation thereof, O’Connell’s Addition to Hallock, and that part of the Southwest Quarter of the Southeast Quarter in Section 12, Township 161 North Range 49 West, shown as Parcel 24 on Minnesota Department of Transportation Right of Way Plats Numbered 35-10 and 35-11 as the same are on file and of record in the office of the County Recorder in and for Kittson County, Minnesota; containing 807 square feet, more or less, of which 712 square feet is encumbered by an existing highway easement; together with other rights as set forth below, forming and being part of said Parcel 24:
Temporary Easement:
A temporary easement for highway purposes as shown on said plats as to said Parcel 24 by the temporary easement symbol, said easement shall cease on December 1, 2024, or on such earlier date upon which the Commissioner of Transportation determines by formal order that it is no longer needed for highway purposes.
Names of parties interested in the above described land and nature of interest:
Casey J. Ganyo Fee
Amelia Ganyo
Gate City Bank Mortgage
County of Kittson Taxes and Special
Assessments
Parcel 30 C.S. 3516 (175=328) 902
S.P. 3509-26RW
All of the following:
A temporary easement for highway purposes in Lots 8, 9 and 10, Block F, O’Connell’s Addition to Hallock, shown as Parcel 30 on Minnesota Department of Transportation Right of Way Numbered 35-10 as the same on file and of record in the office of the County Recorder in and for Kittson County, Minnesota, by the temporary easement symbol, said easement shall cease on December 1, 2024, or on such earlier date upon which the Commissioner of Transportation determines by formal order that it is no longer needed for highway purposes.
Names of parties interested in the above described land and nature of interest:
Brent Donaldson Fee
RaChelle Donaldson
County of Kittson Taxes and Special
Assessments
Parcel 36 C.S. 3516 (175=328) 902
S.P. 3509-26RW
All of the following:
A temporary easement for highway purposes in that part of Lots 10 through 13, inclusive, and that part of the vacated alley accruing thereto by the reason of the vacation thereof, Block E, O’Connell’s Addition to Hallock, shown as Parcel 36 on Minnesota Department of Transportation Right of Way Plat Numbered 35-10 as the same is on file and of record in the office of the County Recorder in and for Kittson County, Minnesota, by the temporary easement symbol, said easement shall cease on December 1, 2024, or on such earlier date upon which the Commissioner of Transportation determines by formal order that it is no longer needed for highway purposes.
Names of parties interested in the above described land and nature of interest:
Caribou Grill LLC,
also known as Caribou Grill, LLC,
an inactive Minnesota limited
liability company Fee
Border State Bank Mortgage
Northwest Regional Development
Commission Mortgage
Northwest Minnesota
Foundation Mortgage
AmeriprideServices, Inc. Judgment
County of Kittson Taxes and Special
Assessments
FEE ACQUISITION
Parcel 41 C.S. 3516 (175=328) 902
S.P. 3509-26RW
All of the following:
That part of Northeast Quarter of the Northwest Quarter of Section 13, Township 161 North, Range 49 West, shown as Parcel 41 on Minnesota Department of Transportation Right of Way Plat Numbered 35-10 as the same is on file and of record in the office of the County Recorder in and for Kittson County, Minnesota; containing 33 square feet, more or less; together with other rights as set forth below, forming and being part of said Parcel 41:
Temporary Easement:
A temporary easement for highway purposes as shown on said as to said Parcel 41 by the temporary easement symbol, said easement shall cease on December 1, 2024, or on such earlier date upon which the Commissioner of Transportation determines by formal order that it is no longer needed for highway purposes; excepting therefrom the existing building situate thereon.
Names of parties interested in the above described land and nature of interest:
Valley Realty Company,
also known as Valley Realty Co. Fee
County of Kittson Taxes and Special
Assessments
FEE ACQUISITION
Parcel 43 C.S. 3516 (175=328) 902
S.P. 3509-26RW
All of the following:
That part of Northeast Quarter of the Northwest Quarter of Section 13, Township 161 North, Range 49 West, shown as Parcel 43 on Minnesota Department of Transportation Right of Way Plat Numbered 35-10 as the same is on file and of record in the office of the County Recorder in and for Kittson County, Minnesota; containing 2,784 square feet, more or less, of which 2,320 square feet is encumbered by an existing highway easement; together with other rights as set forth below, forming and being part of said Parcel 43:
Temporary Easement:
A temporary easement for highway purposes as shown on said plat as to said Parcel 43 by the temporary easement symbol, said easement shall cease on December 1, 2024, or on such earlier date upon which the Commissioner of Transportation determines by formal order that it is no longer needed for highway purposes; excepting therefrom the existing building situate thereon.
Names of parties interested in the above described land and nature of interest:
Garret Reis Fee
Darcy Reis
KodaBank Mortgage and Financing
Statement
Teal Plaine Lessee
Jana Riley-Kraulik Lessee
County of Kittson Taxes
Parcel 45 C.S. 3516 (175=328) 902
S.P. 3509-26RW
All of the following:
A temporary easement for highway purposes in that part of the West 40 feet of Lot 7, Block 24, First Railway Addition to Hallock, shown as Parcel 45 on Minnesota Department of Transportation Right of Way Plat Numbered 35-10 as the same is on file and of record in the office of the County Recorder in and for Kittson County, Minnesota, by the temporary easement symbol, said easement shall cease on December 1, 2024, or on such earlier date upon which the Commissioner of Transportation determines by formal order that it is no longer needed for highway purposes. Names of parties interested in the above described land and nature of interest:
City of Hallock Fee
County of Kittson Taxes
Parcel 47 C.S. 3516 (175=328) 902
S.P. 3509-26RW
All of the following:
A temporary easement for highway purposes in that part of Lot 1, Block 24, First Railway Addition to Hallock, shown as Parcel 47 on Minnesota Department of Transportation Right of Way Plat Numbered 35-10 as the same is on file and of record in the office of the County Recorder in and for Kittson County, Minnesota, by the temporary easement symbol, said easement shall cease on December 1, 2024, or on such earlier date upon which the Commissioner of Transportation determines by formal order that it is no longer needed for highway purposes.
Names of parties interested in the above described land and nature of interest:
City of Hallock Fee
County of Kittson Taxes
WHEREFORE, Your petitioner prays that commissioners be appointed to appraise the damages which may be occasioned by such taking, and that such proceedings may be had herein as are provided by law.
Dated: October 27, 2021
KEITH ELLISON
Attorney General
State of Minnesota
s/William Young
WILLIAM YOUNG
Assistant Attorney General
Atty. Reg. No. 0393502
445 Minnesota Street, Suite 1800
St. Paul, Minnesota 55101-2128
(651) 757-1386 (Voice)
(651) 297-1235 (Fax)
william.young@ag.state.mn.us
ATTORNEY FOR PETITIONER
MINN. STAT. § 549.211
ACKNOWLEDGMENT
The party or parties on whose behalf the attached document is served acknowledge through their undersigned counsel that sanctions may be imposed pursuant to Minn. Stat. § 549.211.
Dated: October 27, 2021
KEITH ELLISON
Attorney General
State of Minnesota
s/William Young
WILLIAM YOUNG
Assistant Attorney General
Atty. Reg. No. 0393502
445 Minnesota Street, Suite 1800
St. Paul, Minnesota 55101-2128
(651) 757-1386 (Voice)
(651) 297-1235 (Fax)
william.young@ag.state.mn.us
ATTORNEY FOR PETITIONER
(December 8, 15, 22, 2021)
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