Eminent Domain

In City of Granite Falls vs. Soo Line Railroad Company, et al., A07-417, A07-418 (Minnesota Court of Appeals December 24, 2007), the Minnesota Court of Appeals ruled that a municipality may properly condemn property even though the city’s intent is to transfer the property to the Minnesota DNR.  The Court ruled that the city’s failure to strictly comply with the negotiation requirements of Minnesota Statutes § 117.036 (2004) did not deprive the district court of subject-matter jurisdiction over the case, and because there was evidence in the record to support the district court’s conclusion that the taking is necessary to further a public purpose (plan to transfer the property to the Minnesota DNR to construct trails), the district court did not err in denying appellants’ motions for summary judgment and granting the city’s petition.