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Condemnation of Certain Lands for Trunk Highway Purposes

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 11, 2011, at 1:30 o'clock PM., or as soon thereafter as counsel can...

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 11, 2011, at 1:30 o'clock PM., or as soon thereafter as counsel can be heard, before Judge Jeffrey L. Flynn, Courtroom A, in the Prairie Justice Center at Worthington, Nobles 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. 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 16, 2011.

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YOU, AND EACH OF YOU, ARE FURTHER NOTIFIED, that all persons occupying the property described in the petition must VACATE THE PREMISES AND MOVE ALL OF YOUR PERSONAL PROPERTY FROM SAID PREMISES ON OR BEFORE MAY 16, 2011. All advertising signs or devices located on the property being acquired must be removed by May 16, 2011.

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.

Lori Swanson

Attorney General

State of Minnesota

STEVEN P. LAPIERRE

Assistant Attorney General

Attorney Registration No. 0301796

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Transportation Division

1800 Bremer Tower

445 Minnesota Street

St. Paul, MN 55101-2134

Fax No.: (651) 297-1235

Phone: (651) 757-1338

PETITION

CONDEMNATION

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STATE OF MINNESOTA, COUNTY OF NOBLES

IN DISTRICT COURT, FIFTH JUDICIAL DISTRICT

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State of Minnesota, by its Commissioner of Transportation, Petitioner,

vs.

Robert J. Blume, County of Nobles, Sandra J. Carlson, also known as Sandra Jean Carlson, Todd Carlson, also known as Todd Norman Carlson, and as Todd N. Carlson, Kevin L. Carlson, also known as Kevin Carlson, Beth Renken, Debra Olander, Rob Renken, Kevin Olander, Carol Carlson, State of Minnesota Department of Natural Resources, Sandra J. Carlson, also known as Sandra Jean Carlson, as trustee of Sandra J. Carlson Trust under Agreement dated September 25, 2007, Kevin L. Carlson, also known as Kevin Carlson, as trustee of Kevin L. Carlson Trust U/A dated August 17, 2007, Colt Bullerman, Kameron Bullerman, Lavonne R. Lutterman, Wayne R. Scholtes, Kevin J. Pospisil, Cindy M. Pospisil, Anna's, LLC, Bousema Farms, Inc., Loren A. Stevens, Judith A. Stevens, Lynch Real Estate Corporation, doing business as Lynch Livestock, American Trust & Savings Bank, Hawkeye Land Co., Casey D. Ingenthron, Rosa L. Ingenthron, Bank of the West, Pellegrino Fire Extinguisher Sales & Service of Worthington, LLC, Roger Harvey, doing business as Harvey's Upholstery, Rod Harvey, doing business as Harvey's Signs, J.C. Boote, Fanny Boote, Dorothy C. Nasers, as trustee of Dorothy C. Nasers Revocable Living Trust U/A dated December 20, 2005, Worthington Power & Equipment, Inc., Jerry Turbes, Richard R. Engelson, also known as Richard Engelson, Unknown heirs of Clair R. Hoeft, also known as Clair Hoeft, deceased, Dorothy J. Hoeft, also known as Dorothy Hoeft, Audrey Wendling, LN Real Estate LLC, Marvin F. Poer & Company, Inc., an inactive Texas corporation, Lanoga Corporation, ProBuild Company LLC, doing business as ProBuild, Unknown heirs of Carl Wolf, deceased, Lawrence K. Deuth, Eva May Deuth, Bruce C. Amundson, JoAnn E. Amundson, City of Worthington, Scholtes Motors, Inc., Union Pacific Railroad Company, successor in interest to the Chicago and North Western Transportation Company, Chemical Bank, also all other persons unknown claiming any right, title, estate, interest or lien in the real estate described in the Petition herein,

Respondents.

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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 85, which has been renumbered 60, and which has been located according to law, passes over the lands herein described.

That it is duly covered by Right of Way Plat Orders numbered 91238, 91296, 91297, 91298, 91184, 91239, 91277, 91355, 91356 and Graphic Orders numbered 91280, 91290, 91291 and 91292.

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 from the owners whose lands front thereon any existing right of access to said highway in those cases which are herein particularly mentioned; to acquire an offtake ditch easement in perpetuity in those cases which are herein particularly mentioned, and to acquire a temporary easement in those cases which are herein particularly mentioned.

With reference to Parcel 41, it is the intention of this proceeding to except all severed mineral rights, not including rights to sand and gravel, and reserve to the owners of the severed mineral rights, their heirs, successors and assigns, the rights and privileges to explore for, mine, and remove the minerals, but only in such manner that will not interfere with the use of said land for highway purposes or with the safe and continuous operation of any public highway thereon, and further the severed mineral owners reserve the right to relocate the highway at the mineral owners' expense pursuant to Minnesota Statutes §l60.l0 as such may be amended.

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 Nobles 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:

SEE ATTACHED PDF FOR DESCRIPTIONS OF LANDS

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