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Legal Opinion

In re the Award of Damages to Rapp for Condemnation of Land on County Road 61

Court of Appeals of Minnesota

Decided January 16, 2001No. C4-00-1124PublishedCited by 1 opinion

1Opinion of the Court

OPINION

TOUSSAINT, Chief Judge.

Douglas County is appealing from an entry of summary judgment, holding Minn. Stat. §§ 163.11-12 (1998) unconstitutional, and ordering the county to recondemn land owned by respondent Dennis Rapp under Minn.Stat. eh. 117 (1998). Because (1) the United States Constitution guarantees to property owners a right to judicial review of the public purpose of a taking; (2) the Minnesota Constitution guarantees to property owners a right to judicial review of both the public purpose and necessity of a taking prior to the actual taking; and (3) Minn.Stat. § 163.12, subds.…

2Cases cited22 opinions

  1. Chicago, Burlington & Quincy Railroad v. ChicagoSupreme Court of the United States · 1897
  2. Berman v. ParkerSupreme Court of the United States · 1954
  3. Hawaii Housing Authority v. MidkiffSupreme Court of the United States · 1984
  4. Thiele v. StichSupreme Court of Minnesota · 1988
  5. State Ex Rel. Cooper v. FrenchSupreme Court of Minnesota · 1990

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3Cited by1 opinion

  1. In Re RappCourt of Appeals of Minnesota · 2001

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