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S.F. No. 229 - Eminent Domain Discharge of Easement
 
Author: Senator Gary W. Kubly
 
Prepared By:
 
Date: February 9, 2011



 

This bill amends the law allowing the owner of land for which an easement was acquired by eminent domain to apply to the district court for a discharge of the easement to specify that it also applies to the discharge of a portion of an easement.

Note that in the 2010 legislative session, identical language passed the Senate but did not pass out of committee in the House.  On November 18, 2010, the Minnesota Supreme Court issued an opinion directly addressing this issue.  In Larson v. State of Minnesota and County of Douglas, the court held that under the unambiguous and plain language of the statute, it does not permit the discharge of a portion of an easement. 

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