Subdivision 1. Trial. Such appeal may be noticed for trial and tried except as herein otherwise provided as in the case of a civil action and the court may direct that issues be framed, and require other parties to be joined and to plead therein when necessary for the proper determination of the questions involved. The owners shall go forward with the evidence and have the burden of proof as in any other civil action, with the right to open and close. The court or jury trying the case shall reassess the damages de novo and apportion the same as the evidence and justice may require. Upon request of a party to such appeal, the jury or court shall show in the verdict or order the amount of the award of damages which is to reimburse the owner for the land taken and the amount of the award of damages, if any, which is to reimburse the owner for damages to the remainder tract not taken whether or not described in the petition. The amounts awarded to each person shall also be shown separately. A commissioner in a condemnation proceeding may be called by any party as a witness to testify as to the amount and the basis of the award of commissioners and may be examined and qualified as any other witness.
Subd. 2. Fees, costs, and disbursements. The court may, in its discretion, after a verdict has been rendered on the trial of an appeal, allow as taxable costs reasonable expert witness and appraisal fees of the owner, together with the owner's reasonable costs and disbursements. No expert witness fees, costs or disbursements shall be awarded to the petitioner regardless of who is the prevailing party.
1971 c 595 s 21
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.