Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
Scope.
Pursuant to Minnesota Statutes, chapter 16B, and specific
legislative enactments, this part shall govern the state's acquisition of real
property for the operation of state government.
Subp. 2.
Request to acquire property.
Unless otherwise provided by law or by reorganization order
issued pursuant to Minnesota Statutes, section
16B.37, a state department or
agency needing real property shall make a request in writing to the Department
of Administration to acquire property, specify the property to be acquired, and
indicate the source and sufficiency of funds needed for the acquisition.
Subp. 3.
Acquisition procedure.
Real Estate Management Division shall proceed with
acquisition as follows:
A. The title
to the property shall be examined by an attorney for the division, whereupon a
field title report shall be prepared by the division. The field title report
shall be based on information from the owner or a representative of the owner.
The purpose and nature of the acquisition shall be explained to the owner at
the time of the field title interview. Where there are occupied buildings
involved, a relocation study shall be made to ensure that displacees can be
relocated without undue hardship.
B. A legal description of the property to be
acquired shall be written. Where necessary, a written engineering assessment
shall be obtained from the state architect's office.
C. The property to be acquired shall be
appraised. Appraiser(s) shall be selected by the director or the assistant
director, and may be state employees or fee appraisers. Where fee appraisers
are used, they shall be selected from a list of qualified fee appraisers, which
list shall be maintained by the division. The fee to be paid to the appraiser
shall be as agreed upon between the appraiser and the director or the assistant
director.
D. The appraisal(s) shall
be reviewed by members of the division staff. Where the appraisal(s) are deemed
satisfactory, the appraisal amount which is deemed to represent value (and
damages, where applicable) shall be certified by the director or the assistant
director.
E. Instruments
appropriate for the acquisition shall be requested from the Attorney General's
Office.
F. A direct purchase offer
shall be submitted to the property owner. Where possible and practical, the
offer shall be submitted in person. A detailed explanation of the state's
acquisition policies and of the owner's options shall be made to the owner,
especially including, where applicable, a full explanation of relocation
benefits available to the owner.
G.
If the owner accepts the offer, the property shall be purchased. The division
shall be responsible for proper execution of instruments, closing of
transaction, recording of instruments, payment to owner, relocation assistance
to the owner, and removal of buildings, where applicable.
H. If the owner rejects the offer, and the
legislature has directed by law that acquisition by eminent domain proceedings
shall or may be pursued, the division shall institute necessary proceedings to
so acquire.
