CONDEMNATION
STATE OF MINNESOTA IN DISTRICT COURT
COUNTY OF FILLMORE
THIRD JUDICIAL DISTRICT
COURT FILE NO. 23-CV-21-14
State of Minnesota, by its Commissioner of Transportation,
Petitioner,
vs.
Lois Gilbertson, et al.
Respondents.
IN THE MATTER OF THE CONDEMNATION OF
CERTAIN LANDS FOR TRUNK HIGHWAY PURPOSES
NOTICE
To the Respondents hereinabove named:
You, and each of you, are hereby notified that on April 13, 2021, at 2:15 pm., or as soon thereafter as counsel can be heard, before Judge Matthew J. Opat, via remote hearing, from the Courthouse at Preston, Fillmore County, Minnesota, the above named petitioner will present to the above named Court a petition now on file herein for the condemnation of certain lands for trunk highway purposes. You are notified this matter is set for a remote hearing. This hearing will not be in person at the courthouse. Instructions for attending the remote hearing may be obtained from Fillmore County Court Administration. A copy of said petition is attached hereto and incorporated herein.
YOU, AND EACH OF YOU, ARE FURTHER NOTIFIED, That at the above time and place the above-named petitioner will also move the court for an order transferring title and possession to petitioner of the parcels described in the petition in accordance with Minn. Stat. §117.042, as of May 18, 2021. YOU, AND EACH OF YOU, ARE FURTHER NOTIFIED, that all persons occupying the property described in the petition must
VACATE THE AREA BEING ACQUIRED AND MOVE ALL OF YOUR PERSONAL PROPERTY FROM THE AREA BEING ACQUIRED ON OR BEFORE MAY 18, 2021.
All advertising signs or devices located on the property being acquired must be removed by May 18, 2021.
YOU, AND EACH OF YOU, ARE FURTHER NOTIFIED, that (1) a party wishing to challenge the public use or public purpose, necessity, or authority for a taking must appear at the court hearing and state the objection or must appeal within 60 days of a court order; and (2) a court order approving the public use or public purpose, necessity, and authority for the taking is final unless an appeal is brought within 60 days after service of the order on the party.
Dated: January 14, 2021 KEITH ELLISON
Attorney General
State of Minnesota
s/Erik M. Johnson
ERIK M. JOHNSON
Assistant Attorney General
Atty. Reg. No. 0247522
445 Minnesota Street, Suite 1800
St. Paul, Minnesota 55101-2134
(651) 757-1476 (Voice)
(651) 297-1235 (Fax)
erik.johnson@ag.state.mn.us
ATTORNEY FOR PETITIONER
CONDEMNATION
IN DISTRICT COURT
STATE OF MINNESOTA THIRD JUDICIAL DISTRICT
COURT FILE NO.
_________
COUNTY OF FILLMORE
– – – – –
State of Minnesota, by its Commissioner of Transportation,
Petitioner,
vs.
Lois Gilbertson, also known as Lois L. Gilbertson, Unknown heirs of Maynard Gilbertson, deceased, County of Fillmore, Roger Bradley, Annette Bradley, Dwayne Ostrem, also known as Dwayne E. Ostrem, Mona Ostrem, also known as Mona J. Ostrem, Wayne H. Laursen, as trustee of the Revocable Trust Agreement of Wayne H. Laursen dated April 7, 2006, Earlene M. Laursen, as trustee of the Revocable Trust Agreement of Earlene M. Laursen dated April 7, 2006, North Prairie Farms, LLC, Jane Skinner Peck, also known as Jane S. Peck, Michael T. Jensen, Kyle M. Shanahan, Reese R. Shanahan, Wade M. Shanahan, Brent M. Shanahan, Kristen Shanahan, Meredith Shanahan, Bonita J. Shanahan, Daniel H. Stangler, Michael C. Stangler, also known as Michael Stangler, Kelly P. Stangler, also known as Kelly Stangler, Loryann M. Stangler, Lisa K. Stangler, LuAnn M. Stangler, also all other persons unknown claiming any right, title, estate, interest or lien in the real estate described in the Petition herein,
Respondents.
– – – – –
IN THE MATTER OF THE CONDEMNATION OF
CERTAIN LANDS FOR TRUNK HIGHWAY PURPOSES
– – – – –
PETITION
– – – – –
To the District Court above named the State of Minnesota brings this Petition and respectfully states and alleges:
I.
That Trunk Highway Legislative Route numbered 250, which has been renumbered 250, and which has been located according to law, passes over the lands herein described.
That it is duly covered by Right of Way Plat Order numbered 98750, Temporary Trunk Highway Order numbered 19512, and Supplemental Temporary Trunk Highway Orders numbered 98800 and 98799.
II.
That the Commissioner of Transportation deems it necessary that the State of Minnesota for trunk highway purposes obtain the lands herein described in fee simple absolute, as to Parcels 302 and 401, and an easement as to each other parcel, together with the following rights: to acquire all trees, shrubs, grass and herbage within the right of way herein to be taken, and to keep and have the exclusive control of the same, and to acquire a temporary easement in those cases which are herein particularly mentioned.
It is the intention of the above-named petitioner to move the court for an order authorizing the Court Administrator to accept and deposit in an interest bearing account payments from the petitioner to the court pursuant to Minnesota statutes.
Further, it is the intention of the above-named petitioner to move the court for an order transferring title and possession of the parcels herein described, prior to the filing of an award by the court appointed commissioners, pursuant to Minnesota Statutes §117.042.
The petitioner reserves its right to recover costs of clean up and testing and all other damages arising from the presence of pollutants, contaminants, or hazardous materials on the property described herein, from all potential responsible parties, including respondents herein where appropriate, in a separate legal action to the extent permitted by law.
III.
That the following described lands in these proceedings taken are situated in Fillmore County, Minnesota; that the names of all persons appearing of record or known to your petitioner to be the owners of said lands or interested therein, including all whom your petitioner has been able by investigation and inquiry to discover, together with the nature of the ownership of each, as nearly as can be ascertained, are as follows:
EASEMENT ACQUISITION
Parcel 10 C.S. 2319 (250=250) 901
S.P. 2319-20RW
That part of Tract A described below:
Tract A. The Southeast Quarter of the Northeast Quarter of Section 31 and the
Southwest Quarter of the Northwest Quarter of Section 32, all in
Township 104 North, Range 9 West, Fillmore County, Minnesota;
which lies southeasterly of a line run parallel with and distant 65 feet northwesterly of
the following described line: Beginning at a point on Line 1 described below, distant
189.83 feet southwesterly of its point of termination (measured along said Line 1);
thence southwesterly along said Line 1 for 85 feet and there terminating;
Line 1. Commencing at the east quarter corner of said Section 31; thence
westerly on an azimuth of 269 degrees 30 minutes 11 seconds along the
east and west quarter line thereof for 319.65 feet; thence on an azimuth of
340 degrees 21 minutes 24 seconds for 65.17 feet; thence northeasterly
for 404.36 feet on a non-tangential curve, concave to the northwest, having a radius of 549.49 feet, a delta angle of 42 degrees 09 minutes 46 seconds and a chord azimuth of 49 degrees 16 minutes 30 seconds;
thence continue northeasterly for 286.63 feet on a curve having a radius of 582.89 feet, a delta angle of 28 degrees10 minutes 30 seconds a chord azimuth of 14 degrees 06 minutes 22 seconds and there terminating;
together with that part of Tract A hereinbefore described, which lies northwesterly of a
line run parallel with and distant 65 feet southeasterly of the following described line:
Beginning at a point on Line 1 described above, distant 194.83 feet southwesterly of its point of termination (measured along said Line 1); thence southwesterly along said Line 1 for 75 feet and there terminating;
containing 0.24 acre, more or less;
also a right to use the following described strips for highway purposes, which right shall
cease on December 1, 2023, or on such earlier date upon which the Commissioner of
Transportation determines by formal order that it is no longer needed for highway purposes:
A strip being that part of Tract A hereinbefore described, adjoining and southwesterly of the first above described strip, which lies southeasterly of a line run parallel with and
distant 65 feet northwesterly of the following described line: Beginning at a point on Line 1 described above, distant 274.83 feet southwesterly of its point of termination (measured along said Line 1); thence southwesterly along said Line 1 for 55 feet and there terminating;
A strip being that part of Tract A hereinbefore described, adjoining and southwesterly of
the second above described strip, which lies northwesterly of a line run parallel with and distant 65 feet southeasterly of the following described line: Beginning at a point on Line 1 described above, distant 269.83 feet southeasterly of its point of termination (measured along said Line 1); thence southeasterly along said Line 1 for 220 feet and there terminating;
containing 0.16 acre, more or less.
Names of parties interested in the above described land and nature of interest:
Lois Gilbertson, also known as Lois L. Gilbertson Fee
Unknown heirs of Maynard Gilbertson, deceased
County of Fillmore Taxes
EASEMENT ACQUISITION
Parcel 13 C.S. 2319 (250=250) 901
S.P. 2319-20RW
That part of Tract A described below:
Tract A. The Northwest Quarter of the Southwest Quarter of Section 29,
Township 104 North, Range 9 West, Fillmore County, Minnesota;
which lies westerly of a line run parallel with and distant 45 feet easterly of Line 1 described below:
Line 1. Commencing at the west quarter corner of said Section 29; thence
southerly on an azimuth of 179 degrees 59 minutes 50 seconds
along the west line thereof for 1098.42 feet to the point of beginning of
Line 1 to be described; thence continue southerly along the last
described course for 82 feet and there terminating;
containing 0.08 acre, more or less. Names of parties interested in the above described land and nature of interest:
Roger Bradley Fee
Annette Bradley Spouse
County of Fillmore Taxes
EASEMENT ACQUISITION
Parcel 19 C.S. 2319 (250=250) 901
S.P. 2319-20RW
That part of Tract A described below:
Tract A. The South Half of the Southwest Quarter of the Southwest Quarter of Section 20, Township 104 North, Range 9 West, Fillmore County, Minnesota;
which lies westerly of a line run parallel with and distant 55 feet easterly of Line 1 described below:
Line 1. Commencing at the southwest corner of said Section 20; thence
northerly on an azimuth of 359 degrees 22 minutes 52 seconds
along the west line thereof for 1.77 feet to the point of beginning of
Line 1 to be described; thence continue northerly along the last
described course for 60 feet and there terminating;
containing 0.08 acre, more or less.
Names of parties interested in the above described land and nature of interest:
Dwayne Ostrem, also known as Dwayne E. Ostrem Fee
Mona Ostrem, also known as Mona J. Ostrem
County of Fillmore Taxes
EASEMENT ACQUISITION
Parcel 22 C.S. 2319 (250=250) 901
S.P. 2319-20RW
That part of Tract A described below:
Tract A. That part of the Northeast Quarter of Section 19, Township 104 North, Range 9
West, Fillmore County, Minnesota, described as follows:
Beginning at the northeast corner of said Northeast Quarter; thence
South 00 degrees 35 minutes 05 seconds East (assumed bearing)
along the east line of said Northeast Quarter, 2614.90 feet to the
southeast corner of said Northeast Quarter; thence South 89 degrees
23 minutes 29 seconds West along the south line of said Northeast
Quarter 3654.21 feet to the southwest corner of said Northeast Quarter;
thence North 00 degrees 16 minutes 32 seconds West along the west line of said
Northeast Quarter, 324.89 feet; thence North 27 degrees 57
minutes 24 seconds East, 184.55 feet; thence North 73 degrees 28
minutes 28 seconds East, 161.57 feet; thence North 82 degrees 40
minutes 27 seconds East, 126.37 feet; thence South 87 degrees 55
minutes 10 seconds East, 460.70 feet; thence North 09 degrees 57 minutes 53
seconds East, 225.18 feet; thence North 27 degrees 50 minutes 02 seconds East,
106.58 feet; thence North 40 degrees 03 minutes 49 seconds East, 180.23 feet;
thence North 44 degrees 23
minutes 15 seconds West, 110.08 feet; thence North 01 degree 41 minutes 23
seconds West, 245.49 feet; thence North 89 degrees 43 minutes 53 seconds
East, 277.13 feet; thence North 30 degrees 54 minutes 25 seconds East 121.76
feet; thence North 00 degrees 55 minutes 31 seconds West, 1249.17 feet to the
north line of said
Northeast Quarter and to a point 1244.20 feet easterly of the northwest
corner of said Northeast Quarter (as measured along the north line of said
Northeast Quarter); thence North 89 degrees 48 minutes 04 seconds East along
said north line, 1329.85 feet to the point of beginning;
which lies easterly of a line run parallel with and distant 55 feet westerly of Line 1 described below:
Line 1. Commencing at the east quarter corner of said Section 19; thence
northerly on an azimuth of 359 degrees 24 minutes 47 seconds
along the east line thereof for 791.07 feet to the point of beginning of
Line 1 to be described; thence continue northerly along the last
described course for 105 feet and there terminating;
containing 0.13 acre, more or less.
Names of parties interested in the above described land and nature of interest:
Wayne H. Laursen, as trustee of the Revocable Trust Fee
Agreement of Wayne H. Laursen dated April 7, 2006
Earlene M. Laursen, as trustee of the Revocable Trust Fee
Agreement of Earlene M. Laursen dated April 7, 2006
North Prairie Farms, LLC Lessee
County of Fillmore Taxes
EASEMENT ACQUISITION
Parcel 33 C.S. 2319 (250=250) 901
S.P. 2319-20RW
That part of Tract A described below:
Tract A. The Northwest Quarter of the Southwest Quarter of Section 8,
Township 104 North, Range 9 West, Fillmore County, Minnesota;
which lies westerly of a line run parallel with and distant 70 feet easterly of Line 1
described below:
Line 1. Commencing at the southwest corner of said Section 8; thence northerly
on an azimuth of 359 degrees 20 minutes 56 seconds along the west line thereof
for 1982.58 feet to the point of beginning of Line 1 to be described; thence
continue along the last described course for 70 feet and there terminating;
containing 0.11 acre, more or less.Names of parties interested in the above described land and nature of interest:
Wayne H. Laursen, as trustee of the Revocable Trust Fee
Agreement of Wayne H. Laursen dated April 7, 2006
Earlene M. Laursen, as trustee of the Revocable Trust Fee
Agreement of Earlene M. Laursen dated April 7, 2006
North Prairie Farms, LLC Lessee
County of Fillmore Taxes and Special Assessments
FEE ACQUISITION
Parcel 302 C.S. 2319 (250=250) 901
S.P. 2319-20RW
All of the following:
That part of the Southwest Quarter of the Southwest Quarter of Section 6,
Township 103 North, Range 9 West, shown as Parcel 302 on Minnesota Department
of Transportation Right of Way Plat Numbered 23-75 as the same is on file and of
record in the office of the County Recorder in and for Fillmore County, Minnesota;
containing 0.01 acre, more or less;
together with an easement in perpetuity over that part of Tract B described below:
Tract B. The Northwest Quarter of the Southwest Quarter of Section 6,
Township 103 North, Range 9 West, Fillmore County, Minnesota;
excepting therefrom all of the north 528 feet of said Northwest
Quarter of the Southwest Quarter and all that part of said
Northwest Quarter of the Southwest Quarter lying easterly of
Trunk Highway No. 250, except the north 528 feet of the
Northwest Quarter of the Southwest Quarter of said Section 6;
which lies southeasterly of a line run parallel with and distant 45 feet northwesterly of the following described line: Beginning at the point of
termination of Line 1 described below; thence southwesterly along said
Line 1 for 60 feet and there terminating;
Line 1. Commencing at the southwest corner of said Section 6; thence
easterly on an azimuth of 89 degrees 37 minutes 36 seconds
along the south line thereof for 887.15 feet; thence on an azimuth
of 351 degrees 25 minutes 58 seconds for 1688.33 feet to the
point of beginning of Line 1 to be described; thence deflect to the
right on a tangential curve, having a radius of 559.30 feet, a delta
angle of 67 degrees 13 minute 27 seconds, and a length of 656.22
feet, for 351.97 feet and there terminating;
containing 0.07 acre, more or less.Names of parties interested in the above described land and nature of interest:
Jane Skinner Peck, also known as Jane S. Peck Fee
County of Fillmore Taxes and Special Assessments
Michael T. Jensen Occupant
EASEMENT ACQUISITION
Parcel 5 C.S. 2319 (250=250) 902
S.P. 2319-20RW
That part of Tract A described below:
Tract A. That part of the Northeast Quarter of the Southwest Quarter of Section 7,
Township 103 North, Range 9 West, Fillmore County, Minnesota, lying and being south of the Root River; except that part of the Northeast Quarter of the Southwest Quarter south and east of the Railroad in said Section 7;
which lies within a distance of 50 feet northeasterly and 40 feet southwesterly of the following described line: Beginning at the point of termination of Line 1 described below;
thence northwesterly along said Line 1 for 55 feet and there terminating;
Line 1. Beginning at the west quarter corner of said Section 7; thence easterly on an
azimuth of 89 degrees 32 minutes 40 seconds along the east and west quarter
line thereof for 1213.14 feet; thence on an azimuth of 179 degrees 32 minutes 40
seconds for 280.80 feet; thence on an azimuth of 112 degrees 34 minutes 03
seconds for 279.45 feet; thence deflect to the right on a tangential curve, having a radius of 285.00 feet, a delta angle of 57 degrees 32 minutes 16 seconds, and a length
of 286.20 feet, for 76.86 feet and there terminating;
containing 0.12 acre, more or less. Names of parties interested in the above described land and nature of interest:
Kyle M. Shanahan Fee
Reese R. Shanahan
Brent M. Shanahan Fee
Wade M. Shanahan
Kristen Shanahan Spouse
Bonita J. Shanahan Spouse
Meredith Shanahan
County of Fillmore Taxes and Special Assessments
FEE ACQUISITION
Parcel 401 C.S. 2319 (250=250) 902
S.P. 2319-20RW
All of the following:
That part of the Southwest Quarter of the Southwest Quarter of Section 6,
Township 103 North, Range 9 West, shown as Parcel 401 on Minnesota Department
of Transportation Right of Way Plat Numbered 23-75 as the same is on file and of
record in the office of the County Recorder in and for Fillmore County, Minnesota;
containing 0.06 acre, more or less.
Names of parties interested in the above described land and nature of interest:
Daniel H. Stangler Fee
Michael C. Stangler, also known as Michael Stangler
Kelly P. Stangler, also known as Kelly Stangler
Loryann M. Stangler Spouse
Lisa K. Stangler
LuAnn M. Stangler
County of Fillmore Taxes
WHEREFORE, Your petitioner prays that commissioners be appointed to
appraise the damages which may be occasioned by such taking, and that such
proceedings may be had herein as are provided by law.
Dated: January 7, 2021
KEITH ELLISON
Attorney General
State of Minnesota
s/ Erik M. Johnson
ERIK M. JOHNSON
Assistant Attorney General
Atty. Reg. No. 0247522
445 Minnesota Street, Suite 1800
St. Paul, Minnesota 55101-2134
(651) 757-1476 (Voice)
(651) 297-1235 (Fax)
erik.johnson@ag.state.mn.us
ATTORNEY FOR PETITIONER
100754
MINN. STAT. § 549.211
ACKNOWLEDGMENT
The party or parties on whose behalf the attached document is served acknowledge through their undersigned counsel that sanctions may be imposed pursuant to Minn. Stat. § 549.211.
Dated: January 7, 2021
KEITH ELLISON
Attorney General
State of Minnesota
s/Erik M. Johnson
ERIK M. JOHNSON
Assistant Attorney General
Atty. Reg. No. 0247522
Publish 1,8,15