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2004 Minnesota Attorney General Reports and Opinions 1 (2004)

handle is hein.sag/sagmn0002 and id is 1 raw text is: GOVERNMENT DATA: PROPERTY APPRAISALS: Data Practices classification of property appraisals done for purposes of acquisition discussed. Minn. Stat. §§ 13.44, 117.036 (Supp. 2003). 852 (Cr. Ref. 817, 851) April 13, 2004 Carol Molnau Lt. Governor/Commissioner Minnesota Department of Transportation 395 John Ireland Boulevard St. Paul, MN 55155-1899 Dear Commissioner Molnau: Thank you for your letter dated March 9, 2004. FACTS AND BACKGROUND You state that a newspaper reporter recently requested from the Minnesota Department of Transportation (MnDOT) copies of all appraisals held by MnDOT pertaining to certain parcels of property that were in the process of being acquired by MnDOT through eminent domain procedures. The reporter was not an owner of any of the land in question and did not appear to be acting on behalf of any landowner. MnDOT staff provided the reporter access to appraisals that had been presented in a commissioner's hearing held pursuant to Minn. Stat. § 117.085, but did not provide access to appraisals which had not been used in the proceedings or otherwise shared with the property owners. The reporter then sought the opinion of the Commissioner of Administration pursuant to Minn. Stat. § 13.072 (Supp. 2003) as to the appropriate classification of the appraisal data withheld by MnDOT. On February 5, 2004, the Commissioner rendered an opinion to the effect that all MnDOT appraisals pertaining to a parcel of property become public as soon as any appraisal data is provided to the property owner or presented to the court or commissioners in an eminent domain proceeding. Dept. of Admin, Adv. Op. 04-005. Based upon these facts you ask, If a condemning authority possesses multiple appraisals of a piece of property that is in the process of being condemned and if the condemning authority shares one or more of the appraisals with the landowner, what is the status of the remaining appraisals during the pendency of the condemnation process?

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