PUBLIC NOTICE
STATE OF MINNESOTA
COUNTY OF SWIFT
DISTRICT COURT
EIGHTH JUDICIAL DISTRICT
COURT FILE NO. 76-CV-21-46
CASE TYPE: CONDEMNATION
State of Minnesota, by its Commissioner of Transportation,
Petitioner,
vs.
Richard Guse, et al.
Respondents.
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IN THE MATTER OF THE CONDEMNATION OF
CERTAIN LANDS FOR TRUNK HIGHWAY PURPOSES NOTICE
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To the Respondents hereinabove named:
You, and each of you, are hereby notified that on April 14, 2021, at 2:00 pm., or as soon thereafter as counsel can be heard, before Judge David L. Mennis, via remote hearing, from the Courthouse at Benson, Swift 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. You are notified this matter is set for a remote hearing. This hearing will not be in person at the courthouse. Instructions for attending the remote hearing may be obtained from Swift County Court Administration. 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 19, 2021.
YOU, AND EACH OF YOU, ARE FURTHER NOTIFIED, that all persons occupying the property described in the petition must VACATE THE AREA BEING ACQUIRED AND MOVE ALL OF YOUR PERSONAL PROPERTY FROM THE AREA BEING ACQUIRED ON OR BEFORE MAY 19, 2021.
All advertising signs or devices located on the property being acquired must be removed by May 19, 2021.
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.
Dated: January 29, 2021
KEITH ELLISON
Attorney General
State of Minnesota
s/Mathew Ferche
MATHEW FERCHE
Assistant Attorney General
Atty. Reg. No. 0391282
445 Minnesota Street, Suite 1400
St. Paul, Minnesota 55101-2131
(651) 757-1457 (Voice)
(651) 297-4077 (Fax)mathew.ferche@ag.state.mn.us
ATTORNEY FOR PETITIONER
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STATE OF MINNESOTA
COUNTY OF SWIFT
CONDEMNATION
IN DISTRICT COURT
EIGHTH JUDICIAL DISTRICT
State of Minnesota, by its Commissioner of Transportation,
Petitioner,
vs.
Richard Guse, also known as Richard L. Guse and Beth Guse, also known as Beth Y. Guse, as trustees of Beth Guse Trust under agreement dated August 14, 2012, Richard Guse, also known as Richard L. Guse and Beth Guse, also known as Beth Y. Guse, as trustees of Richard Guse Trust under agreement dated August 14, 2012, Shriners Hospital for Children, AgCountry Farm Credit Services, FLCA, successor in interest by corporate merger, consolidation, amendment, or conversion to United FCS, FLCA, CenBank, County of Swift, 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
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PETITION
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To the District Court above named the State of Minnesota brings this Petition and respectfully states and alleges:
I.
That Trunk Highway numbered 12, being Route numbered 026, has been located according to law and passes over the lands herein described.
That it is duly covered by Right of Way Plat Orders numbered 98734.
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 a temporary easement in those cases which are herein particularly mentioned; and with reference to Parcel 401, the State of Minnesota shall also extinguish all rights and interests which the owner of the lands from which said Parcel is being acquired may or could have in the cattle pass and lands provided by the State of Minnesota in eminent domain proceedings brought in Swift County, entitled “State vs. Shelstad, et al”, S.P. 12=26-25-1 [also known as C.S. 7603 (12=26-25-1], Parcel 1, at approximate Engineer’s Station 893+22, it being intended that said cattle pass and lanes shall be forever extinguished and obliterated.
With reference to Parcel 401, 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 Swift 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:
FEE ACQUISITION
Parcel 401 C.S. 7603 (12=26-25-1)
S.P. 0603-16RW
All of the following:
That part of the South Half of the Southwest Quarter of Section 7,
and the North Half of the Northwest Quarter and the Northwest
Quarter of the Northeast Quarter of Section 18, all in Township 121
North, Range 43 West, shown as Parcel 401 on Minnesota
Department of Transportation Right of Way Plat Numbered 76-20
as the same is on file and of record in the office of the County
Recorder in and for Swift County, Minnesota;
containing 12.77 acres, more or less, of which 8.68 acres is encumbered by an existing highway easement and 0.13 acres is encumbered by an existing road easement;
together with other rights as set forth below, forming and being part of said Parcel 401:
Cattle Pass Extinguishment:
All rights and interests which the owner of the lands from which
said Parcel 401 is being acquired may or could have in the cattle
pass and lanes provided by the State of Minnesota in eminent
domain proceedings brought in Swift County, entitled “State
vs. Shelstad, et al”, S.P 12=26-25-1. [also known as C.S. 7603
(12=26-25-1)], Parcel 1, at approximate Engineer’s Station 893+22,
it being intended that said cattle pass and lanes shall be forever
extinguished obliterated;
Temporary Easement:
A temporary easement for highway purposes as shown on said
plat as to said Parcel 401 by the temporary easement symbol, said
easement shall cease on December 1, 2024, or on such earlier
date upon which the Commissioner of Transportation determines
by formal order that it is no longer needed for highway purposes.
Names of parties interested in the above described land and nature of interest:
Richard Guse, also known as Fee
Richard L. Guse and Beth Guse,
also known as Beth Y. Guse, as trustees
of Beth Guse Trust under agreement dated August 14, 2012 Richard Guse, also known as Richard L. Guse and Beth Guse, also known as Beth Y. Guse, as trustees of Richard Guse Trust under agreement dated August 14, 2012
Shriners Hospital for Children Mineral Rights
AgCountry Farm Credit Services, FLCA, Mortgage
successor in interest by corporate merger,
consolidation, amendment, or conversion to United FCS, FLCA
CenBank Mortgage
County of Swift Taxes and Special Assessments
WHEREFORE, Your petitioner prays that commissioners be appointed to appraise the damages which may be occasioned by such taking, and that such proceedings may be had herein as are provided by law.
Dated: January 28, 2021
KEITH ELLISON
Attorney General
State of Minnesota
s/ Mathew Ferche
MATHEW FERCHE
Assistant Attorney General
Atty. Reg. No. 0391282
445 Minnesota Street, Suite 1800
St. Paul, Minnesota 55101-2134
(651) 757-1457 (Voice)
(651) 297-4077 (Fax)mathew.ferche@ag.state.mn.us
ATTORNEY FOR PETITIONER
100760
MINN. STAT. § 549.211
ACKNOWLEDGMENT
The party or parties on whose behalf the attached document is served acknowledge through their undersigned counsel that sanctions may be imposed pursuant to Minn. Stat. § 549.211.
Dated: 1/28/21
KEITH ELLISON
Attorney General
State of Minnesota
s/Mathew Ferche
MATHEW FERCHE
Assistant Attorney General
Atty. Reg. No. 0391282
