State ex rel. Turnblad v. District Court of Hennepin County
| Decision Date | 31 October 1902 |
| Docket Number | 13,092 - (28) |
| Citation | 91 N.W. 1111,87 Minn. 268 |
| Parties | STATE ex rel. SWAN J. TURNBLAD v. DISTRICT COURT OF HENNEPIN COUNTY |
| Court | Minnesota Supreme Court |
Writ of certiorari issued from the supreme court to the district court for Hennepin county, and the judges thereof, to review proceedings in the district court by the Board of Park Commissioners of Minneapolis to condemn land for a public park. In the original proceedings under the city charter the appraisers appointed by the board made an award to relator in the form set out in the opinion. Relator filed objections which were overruled, and he appealed to the district court for Hennepin county. Upon the hearing of the appeal an order was made, Harrison, J., confirming the proceedings of the board, except as to the amount of the award, and Walter L Badger, Joseph F. Moore and John F. Walter were appointed to re-appraise relator's damages. Thereafter an order was made accepting the resignation of Badger and appointing Samuel H. Hall in his place. The appraisers filed their report, wherein they awarded relator the sum of $12,400 in case he should elect to remove the building standing on the land, and $13,000 in case he should elect not to remove said building. Thereupon relator moved to vacate said report re-appraisal and award, which motion was denied by an order Harrison, J., wherein an allowance of $15 each was made to the appraisers and directed to be taxed against relator. Relator thereupon sued out this writ. Writ quashed and cause remanded.
Eminent Domain -- Award of Appraisers.
The charter of Minneapolis provided that in proceedings to condemn property for park purposes, if there should be any building standing upon the premises, the appraisers should determine the amount of damages to be paid the owner in case such building should be taken, and the amount of damages to be paid the owner in case such building should be removed. In this proceeding the board of appraisers returned an award in the following language: Held, in this award the appraisers employed the word "improvements" with reference to such attachments and fixtures as necessarily constitute a part of the building, which in that sense was equivalent to the word "buildings."
Disqualification of Appraiser.
An appraiser who had formerly taken part in appraising the value of the premises as a member of a real estate board was disqualified from acting as an appraiser in such proceedings.
Assignments of Error.
Certain other assignments of error considered, and found not to contain reversible error.
John Lind and A. Ueland, for petitioner.
C. J. Rockwood, for respondent.
The park board commissioners of Minneapolis instituted proceedings under the provisions of the city charter to acquire the property of relator for park purposes. Sp. Laws 1889, c. 30, § 3, subd. 5, reads as follows:
"If there should be any building standing, in whole or in part, upon any parcel of the land to be taken, the said appraisers shall, in each case, determine the amount of damages which should be paid to the owner or owners thereof in case such building, or so much thereof as may be necessary, should be taken, and shall also appraise and determine the amount of damages to be paid such owner or owners in case he or they should elect to remove such buildings."
The appraisers...
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