Tuesday, October 10, 2017

The Most Humble Home Is Protected In "Takings" Cases

2/ “SAVE THE HOUSE”:  Chief Justice Lorie Skjerven Gildea joined Justice Alan Page in protecting the rights of homeowners who were faced with seven-story towers just outside their bedrooms in houses between St. Cloud and Monticello.

The home-owners had been promised the same rights to due process and compensation as the farmers when the Legislature gave the utilities the power of “eminent domain” to seek “quit claim” seizures of land for the CapX2020 power-line.

The utilities’ lawyers tried to claim that homeowners did not really have the right to either negotiate settlements with the utilities to tolerate the towers, or to ask a court to set a fair price and require the utilities to buy their property.

The Supreme Court held that property owners had the right to seek costs for replacing their homes and moving to comparable housing.


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


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