Metropolitan Airports Commission v. Square III, Court File No. 27-CV-CD-2777.
| Decision Date | 26 May 2008 |
| Docket Number | Court File No. 27-CV-CD-2777. |
| Parties | Metropolitan Airports Commission, a public corporation established by the laws of the State of Minnesota, Petitioner, v. Brandon Square III, a Minnesota limited liability company, et. al., Respondents. |
| Court | Minnesota District Court |
The above-entitled matter came on for hearing before Judge Janet N. Poston on October 4, 2005 pursuant to Petitioner's motion for take and quick take of Respondent's real property. The parties submitted post-hearing briefs on October 17, 2005. Petitioner submitted additional information and argument on January 9, 2006. Respondent thereafter submitted responsive argument on January 11, 2006.
Based upon the evidence adduced, the argument of counsel, and all of the files, records, and proceedings herein, the Court makes the following.
Gregory M. Bistram, Esq. appeared on behalf of Petitioner.
Bradley J. Gunn, Esq. and James R. Dorsey, Esq. appeared on behalf of Respondent.
ORDER GRANTING PETITIONER'S MOTION FOR TAKE AND QUICK TAKE OF RESPONDENT'S REAL PROPERTY
1. Petitioner's petition for take and quick take of Respondent's real property is granted and Petitioner is authorized to acquire Respondent's property through condemnation.
2. The parties shall inform the Court within ten (10) days of the date of filing of this Order whether they have agreed on three commissioners to be appointed. If the parties are unable to agree, the Court will then appoint commissioners of its own choosing.
3. Petitioner is permitted and authorized to immediately deposit into the Court the amount of its approved appraisal value for Respondent's property, pursuant to Minn. Stat. § 117.042.
4. Upon making the deposit into the Court, the right to title to Respondent's property shall, without further notice, immediately vest in Petitioner. Petitioner's right to possession of the property shall be subject to applicable relocation requirements.
5. The District Court Administrator is hereby directed to accept the approved appraisal values for the property.
6. Immediately following the deposit, the District Court Administrator shall, from deposited funds, pay the City of Bloomington such amounts as are levied and pending against the property as special assessments or other annual charges that may be or become a lien thereon as of the date of the transfer of title pursuant to this Order. The District Court Administrator shall also pay to Hennepin County, from these deposited funds, all real estate taxes payable with respect to the property in the year 2005, the year in which this Petition was filed, and preceding years, if any. All payments shall include interest and penalties due, if any, at the time of payment.
7. Petitioner shall give written notice of the fact of deposit or payment to all parties previously appearing in these proceedings.
8. Other than the payments referenced in Paragraph 7 of this Order, no other funds shall be disbursed from the deposited funds without further Order from this Court.
9. The Court retains jurisdiction of this matter for the purpose of granting Petitioner or any other party other and further relief as may be necessary and appropriate to implement the provisions of this Order and to otherwise transfer title to, and at the appropriate time, possession of, the property to Petitioner in accordance with the provisions of Minn. Stat. §§ 117.042 and 117.043.
10. The attached Memorandum of Law is hereby incorporated by reference.
On September 2, 2005, Petitioner Metropolitan Airports Commission ("MAC") moved the Court to grant its Eminent Domain Petition and Motion for Transfer of Title and Possession Under Minn. Stat. § 117.042 for the acquisition of rights, title and interest in property legally described as "Lots 1-4, Forest Glen Addition, Hennepin County, Minnesota." Respondent Brandon Square III, LLC ("Brandon Square") is the fee owner of this real property, upon which it maintains a four-building, 92-unit residential apartment complex known as Forest Meadows. Brandon Square appeared at the September 2, 2005 hearing and opposed MAC's motion. Although Brandon Square did not contest MAC's proposed taking of the apartment complex itself, Brandon Square claimed that the proposed taking of the real property on which the complex sits is not necessary and amounts to an impermissible excess taking.
MAC is the owner and operator of the Minneapolis-St. Paul Airport ("the airport") located in Hennepin County, Minnesota. MAC is a public corporation established for the purpose of promoting and regulating air travel and air commerce in the State of Minnesota. Minn. Stat. §§ 473.603, 473.602. It is also responsible for controlling airport land use and minimizing the public's exposure to noise and safety hazards around airports. Minn. Stat. § 473.602. MAC is authorized to exercise the state's power to acquire property by eminent domain as required to achieve its stated purposes. See Minn. Stat. § 473.608.
In 1996, MAC submitted a proposal for expansion of the airport to the Minnesota Legislature, which the Legislature later approved. The proposal included the construction of a new runway, designated as "Runway 17/35." Following the Legislature's approval of the airport expansion proposal, an Environmental Impact Statement ("EIS") was prepared by MAC and Federal Aviation Administration officials. The EIS noted that existing land uses within the planned runway's safety zones were inconsistent with MnDOT zoning standards and with the Metropolitan Council's applicable noise regulations. The EIS provided that implementation of the project would require the acquisition of a number of parcels of real property, including that owned by Brandon Square, for noise mitigation and runway protection purposes.
MAC subsequently amended the airport's zoning ordinance to provide that the elimination or removal of airport hazards is a public purpose for which MAC may exercise the power of eminent domain. Section V.B of the amended ordinance establishes general land use restrictions as well as specific restrictions for areas designated as Safety Zones A, B, and C. The restrictions for Safety Zone B prohibit, among other uses, all types of residential uses. Brandon Square's property is located entirely within the area designated as Safety Zone B and the apartment complex, therefore, is in violation of the applicable land use restrictions.
In 2001, the MAC Board of Commissioners authorized the acquisition of the property identified in the EIS. MAC authorized the condemnation of these properties in February and March of 2005, which led to the filing of this action. MAC is condemning the property for noise abatement purposes and because the property is within the boundaries of Safety Zone B. Because MAC determined that all land acquisition associated with this airport expansion project needed to be completed by the fall of 2005, it instituted these proceedings pursuant to Minn. Stat. § 117.042 — the "quick take" statute. Brandon Square does not challenge MAC's decision to proceed under the provisions of the quick take statute.
Brandon Square does, however, challenge MAC's decision to take the real property on which the apartment complex sits. While Brandon Square agrees that the apartment complex does not comply with the land use regulations for Safety Zone B, it argues that it is not necessary for MAC to condemn the underlying real property. Once the nonconforming use is eliminated, Brandon Square argues, there is no ongoing need for MAC to own the real property. Even without the apartment complex, the property would still be valuable to Brandon Square — the land use restrictions for Safety Zone B do permit certain types of non-residential uses to which the property could be put. Brandon Square argues that because MAC cannot articulate any continuing need to own the property once the apartment complex is demolished, any taking that encompasses more than the buildings themselves is an impermissible excess taking.
MAC's statutorily-granted right to exercise the power of eminent domain is tempered by both the United States and Minnesota Constitutions, which sanction only those forcible takings which are vital to some public use or purpose. U.S. Const., Am. 5; Minn. Const. Art. 1, § 13. Minnesota courts also require a showing that the proposed taking is necessary for the achievement of that public purpose. City of Duluth v. State, 390 N.W.2d 757, 764 (). This necessity is not required to be absolute, however: the condemning authority need only demonstrate that "the proposed taking is reasonably necessary or convenient for the furtherance of a proper purpose." City of Pipestone v. Halbersma, 294 N.W.2d 271, 274 (Minn. 1980) (quoted in City of Duluth, 390 N.W.2d at 764-65); see also Chicago Great Western Railway Co. v. Jesse, 82 N.W.2d 227, 231 (Minn. 1957).
Issues of public purpose and necessity are questions of fact to be resolved by the trial courts. In re Minneapolis Cmty. Dev. Agency v. Opus N.W., LLC, 582 N.W.2d 596, 599 (Minn. Ct. App. 1998) (citing State by Humphrey v. Byers, 545 N.W.2d 699, 672 (Minn. Ct. App. 1996)). Nevertheless, Minnesota's appellate courts have made clear that the condemning authority's determinations of public purpose and necessity are entitled to substantial deference. In Housing and Redevelopment Authority v. Minneapolis Metropolitan Co., 104 N.W.2d 864 (Minn. 1960), the Minnesota Supreme Court dictated that
[g]reat weight must be given to the determination of the condemning authority, and the scope of review is narrowly limited. If it appears that the record contains some evidence, however, informal, that the taking serves a public purpose, there is...
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