City of Mankato v. Hilgers

AMDAHL, Justice.

Petitioner City of Mankato (City) appeals from a judgment awarding respondents Paul and Loretta Hilgers $135,000 as compensation for condemnation of real property and from an order requiring it to pay three-fourths of the jury award to the Hilgers pending this appeal. The principal issues are whether the district court exceeded its authority by ordering amendment of the condemnation petition to expand the interest condemned from an easement to a fee, upon motion by the landowners at the time of the appeal from the commissioners’ award, and whether the eminent domain statute…