Tuesday, October 10, 2017

Tenants Can Also Be Protected From "Takings" Of Land

3/ PROPERTY RIGHTS OF TENANTS ARE PROTECTED IN EMINENT DOMAIN CASES TOO:  Chief Justice Lorie Skjerven Gildea joined with Justice Alan Page in solidifying the rights of tenants to due process and compensation when the power of “eminent domain” is used to force them from their homes.

The Supreme Court held: “Great care must be exercised to ensure that tenants are treated fairly and equitably.  For example, if the tenant-occupant of a dwelling will not be displaced, but is required to relocate temporarily in connection with the project, the temporarily occupied housing must be decent, safe, and sanitary and the tenant must be reimbursed for all reasonable out-of-pocket expenses incurred in connection with the temporary relocation. Temporary relocation should not extend beyond one year before the person is returned to his or her previous unit or location.”

READ THE FULL CASE DECISION: 
Northern States Power Company,et al., Respondents, vs. Roger A. Aleckson, et al., Appellants.

May 29, 2013   A11-1116,   2013-078            
https://mn.gov/law-library-stat/archive/supct/1305/OPA111116-0529.pdf
See Page 14 of the Opinion.

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