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CONDEMNATION
STATE OF MINNESOTA
IN DISTRICT COURT
COUNTY OF PENNINGTON
NINTH JUDICIAL DISTRICT
COURT FILE NO. 57-CV-22-501
State of Minnesota, by its Commissioner of Transportation, Petitioner,
vs.
Northern Crankshafts LLC
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 December 6, 2022, at 9:00 am., or as soon thereafter as counsel can be heard, before Judge Tamara Lynn Yon, via remote hearing, from the Courthouse at Thief River Falls, Pennington 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. The remote hearing may be accessed by video at https://Zoomgov.com/join, or by phone at 833-568-8864. For either method, the Meeting ID is 160 020 7936 and the Meeting Password is 027630. 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 January 10, 2023.
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 JANUARY 10, 2023. All advertising signs or devices located on the property being acquired must be removed by January 10, 2023.
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: September 9, 2022 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
STATE OF MINNESOTA
IN DISTRICT COURT
COUNTY OF PENNINGTON
NINTH JUDICIAL DISTRICT
State of Minnesota, by its Commissioner of Transportation,
Petitioner,
vs.
Northern Crankshafts LLC, Paul L. Donarski, Mark S. Donarski, Northern State Bank of Thief River Falls, County of Pennington, Mitchell P. Loe, Consuelo Loe, Larry L. Seurer, Sr., Dianne J. Seurer, Unknown successors in interest of Clearwater Norvigan Evanglisk Luthersk Church of Wyandotte, Debra L. McCarthy and Duane W. Wiskow, as trustees of Lola Wiskow Irrevocable Trust dated November 26, 2008, Wayne E. Swanson, Adair L. Swanson, Hanson Construction of Thief River Falls, Inc, Border Bank, Scott C. Fynboh, Kevin Fynboh, Haily Fynboh, Catherine Fynboh, 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 174, which has been renumbered 59, and which has been located according to law and designated as a controlled access highway, passes over the lands herein described.
That it is duly covered by Right of Way Plat Orders numbered 99617, 99618 and 99619; Centerline Order numbered 8832, and Temporary Easement Order numbered 99676.
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, together with the following rights: To acquire a temporary easement in those cases which are herein particularly mentioned and 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.
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 Pennington 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:
FEE ACQUISITION
Parcel 302A C.S. 5705 (59=174-21-1)
S.P. 5705-61RW
All of the following:
That part of the Southwest Quarter of the Southeast Quarter of Section 33, Township 153 North, Range 42 West, shown as Parcel 302A on Minnesota Department of Transportation Right of Way Plat Numbered 57-16 as the same is on file and of record in the office of the County Recorder in and for Pennington County, Minnesota; containing 2.76 acres, more or less, of which 2.51 acres is encumbered by an existing highway easement and 0.25 acre is encumbered by an existing road easement; together with other rights as set forth below, forming and being part of said Parcel 302A:
Temporary Easement:
A temporary easement for highway purposes as shown on said plat as to said Parcel 302A by the temporary easement symbol, said easement shall cease on December 1, 2024, or on such earlier date upon which the Commissioner of Transportation determines by formal order that it is no longer needed for highway purposes.
Names of parties interested in the above described land and nature of interest:
Paul L. Donarski Fee
Mark S. Donarski
Northern State Bank
of Thief River Falls Mortgage
County of Pennington
Taxes and Special Assessments
FEE ACQUISITION
Parcel 401C C.S. 5705 (59=174-21-1)
S.P. 5705-61RW
All of the following:
That part of the Southwest Quarter of the Southeast Quarter of Section 33, Township 153 North, Range 42 West, shown as Parcel 401C on Minnesota Department of Transportation Right of Way Plat Numbered 57-16 as the same is on file and of record in the office of the County Recorder in and for Pennington County, Minnesota;
containing 0.32 acre, more or less, which is encumbered in its entirety by an existing road easement;
together with other rights as set forth below, forming and being part of said Parcel 401C:
Temporary Easement:
A temporary easement for highway purposes as shown on said plat as to said Parcel 401C by the temporary easement symbol, said easement shall cease on December 1, 2024, or on such earlier date upon which the Commissioner of Transportation determines by formal order that it is no longer needed for highway purposes.
Names of parties interested in the above described land and nature of interest:
Mitchell P. Loe Contract for Deed
Consuelo Loe
Larry L. Seurer, Sr. Fee
Dianne J. Seurer
County of Pennington
Taxes and Special Assessments
Parcel 13 C.S. 5705 (59=174-21-3)
S.P. 5705-61RW
All of the following:
A temporary easement for highway purposes in that part of the Southeast Quarter of the Southeast Quarter of Section 17, Township 152 North, Range 42 West, shown as Parcel 13 on Minnesota Department of Transportation Right of Way Plat Numbered 57-18 as the same is on file and of record in the office of the County Recorder in and for Pennington County, Minnesota, by the temporary easement symbol, said easement shall cease on December 1, 2024, or on such earlier date upon which the Commissioner of Transportation determines by formal order that it is no longer needed for highway purposes.
Names of parties interested in the above described land and nature of interest:
Unknown successors in interest of
Clearwater Norvigan Evanglisk Luthersk Church of Wyandotte Fee
County of Pennington
Taxes and Special Assessments
FEE ACQUISITION
Parcel 201A C.S. 5705 (59=174-21-3)
S.P. 5705-61RW
All of the following:
That part of Government Lot 1, Section 5, Township 152 North, Range 42 West, shown as Parcel 201A on Minnesota Department of Transportation Right of Way Plat Numbered 57-17 as the same is on file and of record in the office of the County Recorder in and for Pennington County, Minnesota; containing 3.28 acres, more or less, which is encumbered in its entirety by an existing highway easement.
Names of parties interested in the above described land and nature of interest:
Debra L. McCarthy and Duane W. Wiskow, as trustees of Lola Wiskow Irrevocable Trust dated November 26, 2008 Fee
County of Pennington
Taxes and Special Assessments
FEE ACQUISITION
Parcel 202 C.S. 5705 (59=174-21-3)
S.P. 5705-61RW
All of the following:
That part of Government Lot 4, Section 4, Township 152 North, Range 42 West, shown as Parcel 202 on Minnesota Department of Transportation Right of Way Plat Numbered 57-17 as the same is on file and of record in the office of the County Recorder in and for Pennington County, Minnesota;
containing 3.61 acres, more or less, of which 3.36 acres are encumbered by an existing highway easement and 0.25 acre is encumbered by an existing road easement;
together with other rights as set forth below, forming and being part of said Parcel 202:
Temporary Easement:
A temporary easement for highway purposes as shown on said plat as to said Parcel 202 by the temporary easement symbol, said easement shall cease on December 1, 2024, or on such earlier date upon which the Commissioner of Transportation determines by formal order that it is no longer needed for highway purposes.
Names of parties interested in the above described land and nature of interest:
Wayne E. Swanson Fee
Adair L. Swanson
County of Pennington
Taxes and Special Assessments
Parcel 210C C.S. 5705 (59=174-21-4)
S.P. 5705-61RW
The right to use that part of Tract A described below for highway purposes, which right shall cease on December 1, 2024, or on such earlier date upon which the Commissioner of Transportation determines by formal order that it is no longer needed for highway purposes:
Tract A. That part of Government Lot 15, Section 1, Township 153 North, Range 43 West, Pennington County, Minnesota, described as follows: Beginning at a point on the South line of said Section 1, which point lies South 88 degrees 56 minutes 30 seconds East a distance of 528 feet from the intersection of said south line and the northwesterly right of way line of Minnesota Trunk Highway No. 59; thence North 40 degrees 01 minutes West along a line parallel to said northeasterly right of way line a distance of 647.34 feet; thence North 88 degrees 56 minutes 30 seconds West to the northeasterly right of way line of said Minnesota Trunk Highway No. 59; thence along said right of way line on a curve to the left having a deflection angle of 01 degree 10 minutes with a radius of 22,924 feet a distance of 53.06 feet; thence South 88 degrees 56 minutes 30 seconds East to a point; thence South 01 degree 03 minutes 30 seconds West a distance of 528 feet to the south line of said Section 1; thence North 88 degrees 56 minutes 30 seconds West along said south line a distance of 145 feet to the point of beginning;
which lies between two lines run parallel with and distant 75 and 85 feet northeasterly of the following described line: Beginning at a point on Line 1 described below distant 257.8 feet southeasterly of its point of termination; thence continuing northwesterly along said Line 1 for 100 feet and there terminating;
Line 1. Beginning at a point on the east and west quarter line of Section 18, Township 153 North, Range 42 West, distant 587 feet west of the center thereof; thence northwesterly at an angle of 42 degrees 40 minutes from said east and west quarter line (measured from west to north) for a distance of 2709.3 feet; thence deflect to the right on a 01 degree 00 minute curve, delta angle 07 degrees 35 minutes, for a distance of 758.3 feet; thence on tangent to said curve for a distance of 7708.5 feet; thence deflect to the left on a 00 degree 15 minute curve, delta angle 01 degrees 10 minutes, for a distance of 466.7 feet and there terminating;
containing 0.01 acre, more or less.
Names of parties interested in the above described land and nature of interest:
Hanson Construction of
Thief River Falls, Inc Fee
Border Bank Mortgage
Scott C. Fynboh Easement
Kevin Fynboh
Haily Fynboh Easement
Catherine Fynboh
County of Pennington
Taxes, Special Assessment
Parcel 210D C.S. 5705 (59=174-21-4)
S.P. 5705-61RW
The right to use that part of Tract A described below for highway purposes, which right shall cease on December 1, 2024, or on such earlier date upon which the Commissioner of Transportation determines by formal order that it is no longer needed for highway purposes:
Tract A. That part of Government Lot 15, Section 1, Township 153 North, Range 43 West, Pennington County, Minnesota, described as follows: Beginning at the point of intersection of the northeasterly 75 foot right of way line of Minnesota Highway 59 and the south line of said Section 1; thence South 88 degrees 56 minutes 30 seconds East along said south line a distance of 528.00 feet; thence North 40 degrees 01 minutes 00 seconds West along a line parallel with said northeasterly right of way line a distance of 647.34 feet; thence North 88 degrees 56 minutes 30 seconds West a distance of 528.00 feet to the said northeast right of way line; thence South 40 degrees 01 minutes 00 seconds East a distance of 647.34 feet to the point of beginning;
which lies between two lines run parallel with and distant 75 and 150 feet northeasterly of the following described line: Beginning at the point of Termination of Line 1 described below; thence southeasterly along said Line 1 for 200 feet and there terminating;
Line 1. Beginning at a point on the east and west quarter line of Section 18, Township 153 North, Range 42 West, distant 587 feet west of the center thereof; thence northwesterly at an angle of 42 degrees 40 minutes from said east and west quarter line (measured from west to north) for a distance of 2709.3 feet; thence deflect to the right on a 01 degree 00 minute curve, delta angle 07 degrees 35 minutes, for a distance of 758.3 feet; thence on tangent to said curve for a distance of 7349.4 feet and there terminating;
containing 0.15 acre, more or less.
Names of parties interested in the above described land and nature of interest:
Kevin Fynboh Fee
Scott C. Fynboh Fee
Haily Fynboh Spouse
Catherine Fynboh Spouse
County of Pennington
Taxes and Special Assessments
Parcel 210E C.S. 5705 (59=174-21-4)
S.P. 5705-61RW
The right to use that part of Tract A described below for highway purposes, which right shall cease on December 1, 2024, or on such earlier date upon which the Commissioner of Transportation determines by formal order that it is no longer needed for highway purposes:
Tract A. Government Lot 4, Section 12, Township 153 North, Range 43 West, Pennington County, Minnesota;
which lies between two lines run parallel with and distant 75 and 95 feet southwesterly of the following described line: Beginning at the point of termination of Line 1 described below; thence southeasterly along said Line 1 for 500 feet and there terminating;
Line 1. Beginning at a point on the east and west quarter line of Section 18, Township 153 North, Range 42 West, distant 587 feet west of the center thereof; thence northwesterly at an angle of 42 degrees 40 minutes from said east and west quarter line (measured from west to north) for a distance of 2709.3 feet; thence deflect to the right on a 01 degree 00 minute curve, delta angle 07 degrees 35 minutes, for a distance of 758.3 feet; thence on tangent to said curve for a distance of 949.4 feet and there terminating;
containing 0.22 acre, more or less.
Names of parties interested in the above described land and nature of interest:
Northern Crankshafts LLC Fee
Northern State Bank
of Thief River Falls Mortgage
County of Pennington
Taxes and Special Assessments
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: August 12, 2022
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
100888
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: August 12, 2022
KEITH ELLISON
Attorney General
State of Minnesota
/s/ Erik M. Johnson
ERIK M. JOHNSON
Assistant Attorney General
Atty. Reg. No. 0247522