Subdivision 1. Surveys. For the purpose of making surveys and examinations relative to any proceedings under this chapter, it shall be lawful to enter upon any land, doing no unnecessary damage.
Subd. 2. Environmental testing before eminent domain proceedings. (a) A state agency by order of the commissioner or a political subdivision by resolution may enter property for purposes of investigation, monitoring, testing, surveying, boring, or other similar activities necessary or appropriate to identify the existence and extent of a release or threat of release of a hazardous substance, pollutant, or contaminant if:
(1) the state agency or political subdivision has reason to believe that acquisition of the property may be required pursuant to eminent domain proceedings;
(2) the state agency or political subdivision has reason to believe that a hazardous substance, pollutant, or contaminant is present on the property or the release of a hazardous substance, pollutant, or contaminant may have occurred or is likely to occur on the property; and
(3) entry on the property for environmental testing is rationally related to health, safety, or welfare concerns of the state agency or political subdivision in connection with possible eminent domain proceedings.
(b) At least ten days before entering the property, the state agency or political subdivision must serve notice on the property owner requesting permission to enter the property, stating the approximate time and purpose of the entry, and giving the owner the option of refusing entry. The notice shall also give the owner the option of requesting an equal amount of any sample or portion taken from the property and a copy of any data obtained or report issued. If the property owner refuses to consent to the entry, the state agency or political subdivision must apply for a court order authorizing the entry and the removal of any sample or portion from the property, giving notice of the court order to the property owner. The court shall issue an order if the state agency or political subdivision meets the standards in paragraph (a). Notices under this paragraph must be served in the same manner as a summons in a civil action.
(c) The state agency or political subdivision must do no unnecessary damage to the property and shall restore the property to substantially the same condition in which it was found. If the state agency or political subdivision removes a sample or portion of the property for investigation, monitoring, or testing, or obtains any data or issues any report, it must give the property owner an equal amount of the sample or portion and a copy of any data or report, if requested by the property owner, and must permit the property owner to perform independent investigation, monitoring, or testing of the sample or portion.
(d) The results of testing performed under paragraph (a) must be included in any environmental assessment worksheet or environmental impact statement that the state agency or political subdivision is required to prepare under chapter 116D.
Subd. 3. Geotechnical investigation before eminent domain proceedings. (a) A state agency by order of the commissioner or a political subdivision by resolution may enter property for purposes of investigation, monitoring, testing, surveying, boring, or other similar activities necessary or appropriate to perform geotechnical investigations.
(b) At least ten days before entering the property, the state agency or political subdivision must serve notice on the property owner requesting permission to enter the property, stating the approximate time and purpose of the entry, and giving the owner the option of refusing entry. If the property owner refuses to consent to the entry, the state agency or political subdivision must apply for a court order authorizing the entry and the removal of any sample or portion from the property, giving notice of the court order to the property owner. The court shall issue an order if the state agency or political subdivision meets the standards in paragraph (a). Notices under this paragraph must be served in the same manner as a summons in a civil action.
(c) The state agency or political subdivision must not cause any unnecessary damage to the property and must compensate the property owner for any damages actually incurred as a result of the geotechnical investigations.
1971 c 595 s 5; 1991 c 224 s 1; 2008 c 287 art 1 s 1
Structure Minnesota Statutes
Chapters 117 - 119 — Eminent Domain; Local Depositories And Investments
Section 117.012 — Preemption; Public Use Or Purpose.
Section 117.016 — Joint Acquisition Of Land.
Section 117.025 — Definitions.
Section 117.027 — Condemnation For Blight Mitigation And Contamination Remediation.
Section 117.031 — Attorney Fees.
Section 117.035 — Proceedings, By Whom Instituted.
Section 117.036 — Appraisal And Negotiation Requirements.
Section 117.041 — Entry For Survey Or Environmental Testing.
Section 117.0412 — Local Government Public Hearing Requirements.
Section 117.043 — Compelling Delivery Of Possession.
Section 117.045 — Compelling Acquisition In Certain Cases.
Section 117.054 — Copies Of Appraisal To Landowner.
Section 117.055 — Petition And Notice.
Section 117.065 — Notices Of Pendency And Abandonment; Required Recordings.
Section 117.075 — Hearing; Commissioners; Order For Taking.
Section 117.085 — Commissioners, Powers, Duties.
Section 117.086 — Noncontiguous Tracts, Treatment As Unit.
Section 117.087 — Prepayment Penalties; Damages.
Section 117.105 — Filing Of Report, Time, Failure To Report.
Section 117.115 — Report, Notice.
Section 117.125 — Deposit In Court.
Section 117.135 — Taxes And Assessments.
Section 117.145 — Appeal: Deadline, Notice, Service, Contents; By Other Parties.
Section 117.155 — Payments; Partial Payment Pending Appeal.
Section 117.165 — Jury Trials; Disclosure.
Section 117.175 — Trial, Burden Of Proof, Costs.
Section 117.184 — Compensation For Removal Of Legal Nonconforming Use.
Section 117.186 — Compensation For Loss Of Going Concern.
Section 117.187 — Minimum Compensation.
Section 117.188 — Limitations.
Section 117.189 — Public Service Corporation Exceptions.
Section 117.195 — Interest; Award, When Payable; Dismissal; Costs.
Section 117.205 — Final Certificate.
Section 117.21 — Easement May Include Snow Fences.
Section 117.215 — Estate Acquired.
Section 117.225 — Easement Discharge.
Section 117.226 — Right Of First Refusal.
Section 117.231 — Payment In Installments.
Section 117.232 — Direct Purchase.
Section 117.38 — Acquisition Of Land For Certain Purposes.
Section 117.39 — Proceedings Under Power Of Eminent Domain.
Section 117.40 — Municipality May Contest.
Section 117.41 — Conveyance, To Whom Made.
Section 117.47 — Permits; Licenses.
Section 117.471 — Easements Over Tax-forfeited Lands, Approval.
Section 117.48 — Crude Oil Pipeline Companies, Eminent Domain.
Section 117.51 — Cooperation With Federal Authorities; Reestablishment Costs Limit.
Section 117.52 — Uniform Relocation Assistance.
Section 117.521 — Waiver Of Relocation Benefits.
Section 117.53 — Authorization.
Section 117.54 — No Additional Damages Created.
Section 117.55 — Payments Not Considered For Public Assistance Purposes.
Section 117.56 — Inapplicability To Hazardous And Substandard Building Proceedings.