Preview
32-CV-19-109
Filed in District Court
State of Minnesota
1/10/2020 1:18 PM
CONDEMNATION
STATE OF MINNESOTA IN DISTRICT COURT
COUNTY OF JACKSON FIFTH JUDICIAL DISTRICT
COURT FILE NO. 32-CV-19-1 09
State of Minnesota,
by its Commissioner of Transportation,
Petitioner,
NOTICE OF FILING OF SECOND AMENDED ORDER
vs.
Jerry Zich, et al.,
Respondents.
IN THE MATTER OF THE CONDEMNATION OF
CERTAIN LANDS FOR TRUNK HIGHWAY PURPOSES
You are hereby given notice that the Court in these proceedings has fiIed an second
Amended Order dated January 7, 2020 and a copy of that Order is attached hereto and
served upon you.
% 035a
Kelfy O'Brien
Attorney at Law
Attorney Registration No. 0394979
Kerry.obrien@state.mn.us
STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
395 John Ireland Boulevard
Mail Stop 632
St. Paul, MN 55155
Fax No.2 651-366-3450
Phone: 651-366-3441
32-CV-19-109
Filed in District Court
State of Minnesota
1/10/2020 1:18 PM
32-CV-19-109
Filed in District Court
State of Minnesota
1/10/2020 1:18 PM
CONDEMNATION
STATE OF MINNESOTA lN DISTRICT COURT
COUNTY OF JACKSON FIFTH JUDICIAL DISTRICT
Court File No. 32-CV-19-109
Judge Darci J. Bentz
“mama...
State of Minnesota, by its Commissioner of Transportation,
Peonen
~Vs.
Jerry Zich, Nicole P. Hayes, formerly known as NIcOle P. Zich, Brody Zich, Tabitha
Khemphomma, formerly known as Tabitha Zich, Taneisha Hayes, formerly known
as Taneisha Zich, Codey Hayes, formerly known as Codey Zich, County of Jackson,
Elliot Ellefson, Mary L. Grantz and James E Grantz, as trustees of Mary Grantz
Living Trust dated September 22, 2017, United Prairie Bank, Minnesota Board of
Water & Soil, Daniel Grantz, Daniel P. Strom, Randall D. Strom, Bank of America,
National Association, Lula Leverenz, also known as Lula lone Leverenz, Unknown
heirs of Lawrence K. Leverenz, deceased, Beth C. Bloch, Ramona M. Leverenz,
Jane A. Schrader, now known as Jane A. Leverenz, Unknown heirs of Daniel L,
Leverenz, deceased, Todd Bloch, Jane Leverenz, Leva M. Leverenz, Jozie R.
Leverenz, also known as Jozie R. Rushmeyer, Bradley H. Krusemark and Rochelle
A. Krusemark, as trustees of Rochelle A. Krusemark Revocable Living Trust dated
August 12, 2015, Bradley H. Krusemark and Rochelle A. Krusemark, as trustees of
Bradley H. Krusemark Revocable Living Trust dated August 12, 2015, CH P, LLC,
LeRoy W. Baerg, Debra J. Baerg, State Farm Bank, FSB, also all other persons
unknown claiming any right, title, estate, interest or lien in the real estate
described in the Petition herein,
Respondents
-4.
—- - ,-
lN THE MATTER OF THE CONDEMNATION OF
CERTAlN LANDS FOR TRUNK HlGHWAY PURPOSES
-uw
SECOND AMENDED ORDER
32-CV-19-109
Filed in District Court
State of Minnesota
1/10/2020 1:18 PM
The above entitled proceedings came duly on for hearing before the
undersigned Judge of this Courtin the Courthouse at Jackson, Jackson County,
Minnesota, on November 5, 2019, upon the petition of the Commissioner of
Transportation for the taking of lands by the State under the power ofieminent
domain. It was made to appear'that notice of the presentation thereof was duly
served upon the respondents, and that proof thereof has been filed in the office
Of the co'urtadministrator of Said court. The petitioner appeared by William
Young representing-the Commissioner of Transportation; the respondents
appeared in person or by attorneys as follows:
And made no objection to the granting of the petition herein, or to the taking of
possession by the petitioner of the premises therein described as provided by law
for the public purposes therein mentioned.
Having heard the evidence adduced by the parties and the arguments of
counsel, and after due consideration had, the court nds:
That the propoSed taking appears to be necessary and such as is provided
by law.
32-CV-19-109
Filed in District Court
State of Minnesota
1/10/2020 1:18 PM
IT ISORDERED THAT Jay Grandprey, Gary Vanderwerft and Egg
Kruger (with; N/A . and
V
u
___N/A , ,,,,,, as alternates) who are disinterested persons, be
appointed commissioners to ascertain and report the amount of damages that
will be sustained by the several owners of said lands on account of said taking;
that said commissioners hold their first meeting in the office of the Court
in Jackson, Minnesota, at 9:00 a.m. on the 13‘“
Administrator in the Courthouse
day of January, 2020, that said commissioners shall file their final report with the
Court Administrator within 360 days from the date-hereof; and that
compensation of each commissioner shall be the sum of $400 for a full day and
$200 for a half day (Dollars $) for each day occupied by them in the performance
and reimbursement for mileage actually traveled in their
of their duties as such,
own conveyances, at the rate of 58 cents per mile, as are reasonably necessary in
the performance of such duties.
lT lS FURTHER ORDERED that the estate acquired by the petitioner in
said lands shall be an easement in the lands described in the Petition, together
with the following rights: to acquire all trees, shru bs, grass, and herbage within
the right of way therein to be taken and to keep and have the exclusive control of
the same, and to acquire a temporary easement in those cases which are therein
particularly mentioned.
lT IS FURTHER ORDERED that the Court Administrator is authorized to
accept deposit in an interest bearing account payments from the petitioner to the
court pursuant to Minnesota statutes.
32-CV-19-109
Filed in District Court
State of Minnesota
1/10/2020 1:18 PM
|T IS FURTHER ORDERED, pursuant to Minn. Stat §117.042 that title
and possession to the lands described in the petition be vested’in the State of
Minnesota as ofJanuary 9, 2020, provided that the State has complied with the
requirements set out in said statute.
IT IS FURTHER ORDERED that the petitioner reserves its right to
recover costs of clean up and testing and ail other damages arising from the
presence of pollutants, contaminants, or hazardous materials on any of the
properties being acquired by the petitioner inlthis condemnation action, from all
potential responsible parties, including respondents herein where appropriate, in
a separate legal action to the extent permitted by law.
IT IS FURTHER ORDERED that should tests or evaluations undertaken
by or on behalf of the petitioner indicate the presence of pollutants,
'
contaminants, or hazardous materials on the real property described in the
petition, the awards filed by the commissioners shall value the property "as
remediated" as opposed to ”as Contaminated” or ”as clean” and that nothing in
these proceedings shall impair the right of the petitioner to recover costs of clean
up and testing and all other damages arising from the presence of such pollutants
contaminants, or hazardous materials on the property described herein, fromall
potential responsible parties, including respondents herein where appropriate in
a separate legal action to the extent permitted by law.
Any party intending to rely up on appraisal evidence in this matter
shall provide a copy of the appraisal no later than 14 calendar days prior to the
commissioners hearing to each party so requesting a copy
32-CV-19-109
Filed in District Court
State of Minnesota
1/10/2020 1:18 PM
Dated at Minnesota, this
,4
-
day ‘of_
BY TH E COU RT:
Judge of Distri t Cou .
Be_ntz, Darci (Judge)
Jan 7 2020 2:36 PM
32-CV-19-109
Filed in District Court
State of Minnesota
1/10/2020 1:18 PM
Preview
32-CV-19-109 Filed in District Court State of Minnesota 1/10/2020 1:18 PM CONDEMNATION STATE OF MINNESOTA IN DISTRICT COURT COUNTY OF JACKSON FIFTH JUDICIAL DISTRICT COURT FILE NO. 32-CV-19-1 09 State of Minnesota, by its Commissioner of Transportation, Petitioner, NOTICE OF FILING OF SECOND AMENDED ORDER vs. Jerry Zich, et al., Respondents. IN THE MATTER OF THE CONDEMNATION OF CERTAIN LANDS FOR TRUNK HIGHWAY PURPOSES You are hereby given notice that the Court in these proceedings has fiIed an second Amended Order dated January 7, 2020 and a copy of that Order is attached hereto and served upon you. % 035a Kelfy O'Brien Attorney at Law Attorney Registration No. 0394979 Kerry.obrien@state.mn.us STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION 395 John Ireland Boulevard Mail Stop 632 St. Paul, MN 55155 Fax No.2 651-366-3450 Phone: 651-366-3441 32-CV-19-109 Filed in District Court State of Minnesota 1/10/2020 1:18 PM 32-CV-19-109 Filed in District Court State of Minnesota 1/10/2020 1:18 PM CONDEMNATION STATE OF MINNESOTA lN DISTRICT COURT COUNTY OF JACKSON FIFTH JUDICIAL DISTRICT Court File No. 32-CV-19-109 Judge Darci J. Bentz “mama... State of Minnesota, by its Commissioner of Transportation, Peonen ~Vs. Jerry Zich, Nicole P. Hayes, formerly known as NIcOle P. Zich, Brody Zich, Tabitha Khemphomma, formerly known as Tabitha Zich, Taneisha Hayes, formerly known as Taneisha Zich, Codey Hayes, formerly known as Codey Zich, County of Jackson, Elliot Ellefson, Mary L. Grantz and James E Grantz, as trustees of Mary Grantz Living Trust dated September 22, 2017, United Prairie Bank, Minnesota Board of Water & Soil, Daniel Grantz, Daniel P. Strom, Randall D. Strom, Bank of America, National Association, Lula Leverenz, also known as Lula lone Leverenz, Unknown heirs of Lawrence K. Leverenz, deceased, Beth C. Bloch, Ramona M. Leverenz, Jane A. Schrader, now known as Jane A. Leverenz, Unknown heirs of Daniel L, Leverenz, deceased, Todd Bloch, Jane Leverenz, Leva M. Leverenz, Jozie R. Leverenz, also known as Jozie R. Rushmeyer, Bradley H. Krusemark and Rochelle A. Krusemark, as trustees of Rochelle A. Krusemark Revocable Living Trust dated August 12, 2015, Bradley H. Krusemark and Rochelle A. Krusemark, as trustees of Bradley H. Krusemark Revocable Living Trust dated August 12, 2015, CH P, LLC, LeRoy W. Baerg, Debra J. Baerg, State Farm Bank, FSB, also all other persons unknown claiming any right, title, estate, interest or lien in the real estate described in the Petition herein, Respondents -4. —- - ,- lN THE MATTER OF THE CONDEMNATION OF CERTAlN LANDS FOR TRUNK HlGHWAY PURPOSES -uw SECOND AMENDED ORDER 32-CV-19-109 Filed in District Court State of Minnesota 1/10/2020 1:18 PM The above entitled proceedings came duly on for hearing before the undersigned Judge of this Courtin the Courthouse at Jackson, Jackson County, Minnesota, on November 5, 2019, upon the petition of the Commissioner of Transportation for the taking of lands by the State under the power ofieminent domain. It was made to appear'that notice of the presentation thereof was duly served upon the respondents, and that proof thereof has been filed in the office Of the co'urtadministrator of Said court. The petitioner appeared by William Young representing-the Commissioner of Transportation; the respondents appeared in person or by attorneys as follows: And made no objection to the granting of the petition herein, or to the taking of possession by the petitioner of the premises therein described as provided by law for the public purposes therein mentioned. Having heard the evidence adduced by the parties and the arguments of counsel, and after due consideration had, the court nds: That the propoSed taking appears to be necessary and such as is provided by law. 32-CV-19-109 Filed in District Court State of Minnesota 1/10/2020 1:18 PM IT ISORDERED THAT Jay Grandprey, Gary Vanderwerft and Egg Kruger (with; N/A . and V u ___N/A , ,,,,,, as alternates) who are disinterested persons, be appointed commissioners to ascertain and report the amount of damages that will be sustained by the several owners of said lands on account of said taking; that said commissioners hold their first meeting in the office of the Court in Jackson, Minnesota, at 9:00 a.m. on the 13‘“ Administrator in the Courthouse day of January, 2020, that said commissioners shall file their final report with the Court Administrator within 360 days from the date-hereof; and that compensation of each commissioner shall be the sum of $400 for a full day and $200 for a half day (Dollars $) for each day occupied by them in the performance and reimbursement for mileage actually traveled in their of their duties as such, own conveyances, at the rate of 58 cents per mile, as are reasonably necessary in the performance of such duties. lT lS FURTHER ORDERED that the estate acquired by the petitioner in said lands shall be an easement in the lands described in the Petition, together with the following rights: to acquire all trees, shru bs, grass, and herbage within the right of way therein to be taken and to keep and have the exclusive control of the same, and to acquire a temporary easement in those cases which are therein particularly mentioned. lT IS FURTHER ORDERED that the Court Administrator is authorized to accept deposit in an interest bearing account payments from the petitioner to the court pursuant to Minnesota statutes. 32-CV-19-109 Filed in District Court State of Minnesota 1/10/2020 1:18 PM |T IS FURTHER ORDERED, pursuant to Minn. Stat §117.042 that title and possession to the lands described in the petition be vested’in the State of Minnesota as ofJanuary 9, 2020, provided that the State has complied with the requirements set out in said statute. IT IS FURTHER ORDERED that the petitioner reserves its right to recover costs of clean up and testing and ail other damages arising from the presence of pollutants, contaminants, or hazardous materials on any of the properties being acquired by the petitioner inlthis condemnation action, from all potential responsible parties, including respondents herein where appropriate, in a separate legal action to the extent permitted by law. IT IS FURTHER ORDERED that should tests or evaluations undertaken by or on behalf of the petitioner indicate the presence of pollutants, ' contaminants, or hazardous materials on the real property described in the petition, the awards filed by the commissioners shall value the property "as remediated" as opposed to ”as Contaminated” or ”as clean” and that nothing in these proceedings shall impair the right of the petitioner to recover costs of clean up and testing and all other damages arising from the presence of such pollutants contaminants, or hazardous materials on the property described herein, fromall potential responsible parties, including respondents herein where appropriate in a separate legal action to the extent permitted by law. Any party intending to rely up on appraisal evidence in this matter shall provide a copy of the appraisal no later than 14 calendar days prior to the commissioners hearing to each party so requesting a copy 32-CV-19-109 Filed in District Court State of Minnesota 1/10/2020 1:18 PM Dated at Minnesota, this ,4 - day ‘of_ BY TH E COU RT: Judge of Distri t Cou . Be_ntz, Darci (Judge) Jan 7 2020 2:36 PM 32-CV-19-109 Filed in District Court State of Minnesota 1/10/2020 1:18 PM