City of Chisago City v. Holt, C5-84-813

CourtCourt of Appeals of Minnesota
Citation360 N.W.2d 390
Docket NumberNo. C5-84-813,C5-84-813
PartiesIn the Matter of The Condemnation by the CITY OF CHISAGO CITY of Certain Lands in the City of Chisago City, Appellant, v. Leroy G. HOLT and Jean C. Holt, Respondents.
Decision Date08 January 1985

Page 390

360 N.W.2d 390
In the Matter of The Condemnation by the CITY OF CHISAGO
CITY of Certain Lands in the City of Chisago City,
Leroy G. HOLT and Jean C. Holt, Respondents.
No. C5-84-813.
Court of Appeals of Minnesota.
Jan. 8, 1985.

Page 391

Syllabus by the Court

1. In a condemnation action, the landowner is entitled to damages for loss of direct access to a highway even though indirect access is provided.

2. Since the trial court considered the existence of a new road with access and reduced the award, the cost of the assessment was properly added to the award.

Mark A. Karney, Roseville, for appellant.

Wellington Tully, Jr., Minneapolis, for respondents.

Heard, considered, and decided by LESLIE, P.J., and LANSING and WOZNIAK, JJ.



This is a condemnation action. The court awarded damages to respondents Holts in the amount of $121,557.53 for land taken by the appellant Chisago City. The City appeals from the denial of its motion for a new trial or, in the alternative, for amended findings of fact and conclusions of law. It alleges that the court improperly considered evidence bearing on value. The Holts seek review of the original judgment, alleging that they were entitled to greater damages. We affirm.


The Holts own a parcel of land located in Chisago County, Minnesota, consisting of approximately twelve acres. The parcel lies in the northerly portion of Chisago City along State Highway Number 8. The south line of the property abuts the highway. Prior to the condemnation, there were three access points to the highway along the south line. In late 1981, appellant brought a condemnation proceeding pursuant to the "quick-take" provision of Minn.Stat. Sec. 117.042, and proceeded to take the access to Highway 8, .71 acres along the north side of the parcel, and a permanent easement approximately 10 X 200 feet south of and adjacent to the .71 acres. A hearing was held on January 8, 1982, at which time the City took the above lands.

As required by statute, three commissioners were appointed to hear the evidence and assess damages. The commissioners awarded the Holts damages in the amount of $53,106, plus an appraisal fee of $300. They also required the City to furnish three access points to a new detached service road built along the north side of the parcel serving Holts' property and other properties. The award was filed on July 1, 1982. Both the City and the Holts appealed from the award.

The case was tried before the court, without a jury, on August 29, 1983. Prior

Page 392

to trial, the City had provided a service road with three points of access to Holts' remaining land. The service road was set back one block (800 feet) from Highway 8. Direct access between Holts' land and Highway 8 was extinguished. The shortest route required travelling at least two and one-half blocks and making at least two turns.

Appraisers for both parties agreed that the land's highest use was commercial. The City's appraiser testified that the .71 acre taking resulted in a $6,455 loss to the Holts; he did not believe that the loss of direct access to Highway 8 damaged their remaining property. The Holts' two appraisers testified that the greatest damage was caused by an adverse change in quality of access. They valued the total damage, including both the .71 acre taking and the loss of direct access to the remaining property, at $89,270 and $105,000 respectively. In addition, the Holts testified that the taking required them to build a new gravel road to an existing building on their land at a cost of $5,000.

The trial court awarded the Holts the sum of $121,557.53. Of this total, the court determined $89,000 as damages using the standard "before and after market value" rule and deducted the special benefits of the new road. The court added $5,000 for...

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9 cases
  • Moorhead Econ. Dev. Auth. v. W. Anda, A07-1918
    • United States
    • Supreme Court of Minnesota (US)
    • 12 Noviembre 2010
    ...the proper valuation date is the date of the commissioners' award. See Moorhead, 2008 WL 4705663, at *1 (citing City of Chisago v. Holt, 360 N.W.2d 390, 393 (Minn.App.1985)). 6 789 N.W.2d 873In support of its argument that the value of Anda's property should be assessed as of March 10, 2003......
  • State by Humphrey v. Strom, s. C4-91-1941
    • United States
    • Supreme Court of Minnesota (US)
    • 18 Diciembre 1992
    ...47, 50, 115 N.W.2d 749, 752 (1962). See also State v. Pahl, 254 Minn. 349, 356, 95 N.W.2d 85, 90 (1959); City of Chisago City v. Holt, 360 N.W.2d 390, 392 (Minn.Ct.App.1985). "To determine the fair market value of property in a condemnation proceeding '[a]ny competent evidence may be consid......
  • State by Spannaus v. Northwest Airlines, Inc., CX-87-143
    • United States
    • Court of Appeals of Minnesota
    • 29 Septiembre 1987
    ...of access provided by the frontage road and cul-de-sac be admitted. The court based its reversal on City of Chisago City v. Holt, 360 N.W.2d 390 (Minn.Ct.App.1985). However, on December 20, 1985, the trial court reinstated its original order excluding the evidence. The December 20, 1985, or......
  • Caponi v. Carlson, C0-86-44
    • United States
    • Court of Appeals of Minnesota
    • 26 Agosto 1986
    ...tract after the taking, excluding from consideration general benefits and deducting special benefits. City of Chisago City v. Holt, 360 N.W.2d 390, 392 (Minn.Ct.App.1985) (citations and emphasis Caponi's appraiser testified that property in the area is valued at $9,000 per acre. He estimate......
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