State ex rel. Spannaus v. Dangers

OPINION

NIERENGARTEN, Judge.

This is an eminent domain proceeding in which the landowners moved to vacate con*385demnation proceedings because the State failed to make full payment within forty-five days of judgment. The trial court denied the motion. We affirm.

FACTS

In 1976, the State instituted an action to obtain a parcel of land owned by the Dangers. An award of $198,970 was filed by the Commissioners.

Both parties appealed and the State paid the Dangers three-fourths of that award, $149,227.50, pursuant to Minn.Stat. § 117.-155 (1984), which allows a landowner to demand partial payment pending…