STATE OF MINNESOTA
DISTRICT COURT
COUNTY OF GOODHUE
FIRST JUDICIAL DISTRICT
File No. 25-CV-12-2794
Case Type: Condemnation
Northern States Power Company (d/b/a Xcel Energy), a Minnesota corporation, by its Board of Directors,
Petitioner,
vs.
Leslie M. Rolfson; Barbara A. Rolfson; Unknown Heirs of Bruce G. Dickey; State of Minnesota; and Goodhue County,
Respondents.
NOTICE OF HEARING
ON PETITION
IN THE MATTER OF THE CONDEMNATION OF CERTAIN REAL ESTATE
IN THE COUNTY OF GOODHUE, STATE OF MINNESOTA,
FOR SUBSTATION PURPOSES
TO THE RESPONDENTS HEREIN:
YOU WILL PLEASE TAKE NOTICE, that on February 1, 2013, at 9:30 a.m., or as soon thereafter as Counsel can be heard at the Goodhue County Justice Center, 454 West Sixth Street, Red Wing, Minnesota, Petitioner will present its Petition in condemnation, which is now on file with the District Court Administrator. A copy of the Petition is being served herewith and is made a part hereof by reference as though fully set forth herein. The objects of the Petition are stated therein.
YOU WILL PLEASE TAKE FURTHER NOTICE, that Minn. Stat. § 117.055, subd. 2(b) (2012), provides 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.
Petitioner seeks an order of the Court: (1) adjudging that the taking is necessary, is for a public use, and is authorized by law; (2) appointing three disinterested persons to serve as commissioners to ascertain and report the amount of damages that will be occasioned by the taking, other than those construction-related damages provided for in the Agricultural Impact Mitigation Plan; and (3) fixing the time and place of the first meeting of the commissioners and their compensation.
Dated: November 21, 2012. /s/ Howard A. Roston
Steven J. Quam (# 250673)
Howard A. Roston (# 260460)
Mollie M. Smith (# 0338965)
FREDRIKSON & BYRON, P.A.
200 South Sixth Street, Suite 4000
Minneapolis, Minnesota 55402-1425
Telephone: (612) 492-7000
Fax: (612) 492-7077
Attorneys for Petitioner
ACKNOWLEDGMENT
The undersigned acknowledges that sanctions may be awarded pursuant to Minn. Stat. § 549.211 (2012).
Dated: November 21, 2012./s/ Howard A. Roston
Howard A. Roston (# 260460)
STATE OF MINNESOTA
DISTRICT COURT
COUNTY OF GOODHUE
FIRST JUDICIAL DISTRICT
File No. 25-CV-12-2794
Case Type: Condemnation
Northern States Power Company (d/b/a Xcel Energy), a Minnesota corporation, by its Board of Directors,
Petitioner,
vs.
Leslie M. Rolfson; Barbara A. Rolfson; Unknown Heirs of Bruce G. Dickey; State of Minnesota; and Goodhue County,
Respondents.
PETITION
IN THE MATTER OF THE CONDEMNATION OF CERTAIN REAL ESTATE
IN THE COUNTY OF GOODHUE, STATE OF MINNESOTA,
FOR SUBSTATION PURPOSES
TO THE ABOVE-NAMED COURT:
Petitioner respectfully represents and alleges as follows:
1.Petitioner, Northern States Power Company (d/b/a Xcel Energy) (“Petitioner” or “Xcel”), is a public utility and public service corporation duly organized and existing under the laws of the state of Minnesota. This proceeding is taken in Petitioner’s corporate name by its Board of Directors.
2.In the transaction of its business, Petitioner maintains and operates numerous generating plants, electric substation facilities, and an extensive transmission and distribution system for the generation, transmission, and distribution of electric power and energy for public use in the state of Minnesota and other states.
3.Petitioner, along with other public utilities and public service corporations, has undertaken to construct and operate new high voltage transmission lines, substations, and associated facilities in Dakota, Goodhue, Olmsted, and Wabasha counties (collectively the “La Crosse Project”).
4.As part of the La Crosse Project, Petitioner will be constructing a new North Rochester substation in Goodhue County, Minnesota, to accommodate new transmission lines (the “Project”).
5.On May 22, 2009, the Minnesota Public Utilities Commission (“MPUC”) issued certificates of need to Petitioner and other utilities for the Group 1 CapX 345 kV transmission projects (the Brookings Project, the Fargo Project, and the La Crosse Project) pursuant to Minn. Stat. § 216B.243 (2009) and Minn. R., Ch. 7849. See MPUC Docket No. ET-2, E-002, et al./CN-06-1115 (hereinafter Docket No. 1115).
6.On August 10, 2009, the MPUC issued its Order Granting and Denying Motions for Reconsideration, and Modifying Conditions, in Docket No. 1115. Said order granting certificates of need, as modified, became final on August 20, 2009. Minn. Stat. § 216B.27, subd. 3 (2009). An appeal was taken. On June 8, 2010, the Minnesota Court of Appeals affirmed the MPUC’s order granting certificates of need for the Group 1 CapX 345 kV transmission projects. In the Matter of the Application of Great River Energy, Northern States Power Company (d/b/a Xcel Energy) and Others for Certificates of Need for the CapX 345-kV Transmission Projects, Nos. A09-1646 and A09-1652 (June 8, 2010) (unpublished opinion). No further appeals have been taken, and, therefore, the certificates of need are final. Thus, the MPUC has established the public purpose and necessity for the La Crosse Project.
7.On May 30, 2012, the MPUC issued its Findings of Fact, Conclusions of Law, and Order Issuing an HVTL Route Permit to Xcel Energy for a 345 kV Transmission Line and a 161 kV Transmission Line from Hampton, Minnesota to the Mississippi River Crossing Near Kellogg, Minnesota, pursuant to Minn. Stat. § 216E.03 (2011) and Minn. R., Parts 7850.1700-7850.2700. See MPUC Docket No. E-002/TL-09-1448 (hereinafter Docket No. 1448). On August 14, 2012, the MPUC issued an order denying petitions for reconsideration. Thus, the order issuing the route permit was final on August 24, 2012. Minn. Stat. § 216B.27, subd. 3.
8.Minn. Stat. § 216E.03, subd. 2, provides as follows:
Route permit. No person may construct a high-voltage transmission line without a route permit from the commission. A high-voltage transmission line may be constructed only along a route approved by the commission.
9.Minn. Stat. § 216E.10, subd. 1, provides as follows:
Site or route permit prevails over local provisions. To assure the paramount and controlling effect of the provisions herein over other state agencies, regional, county, and local governments, and special purpose government districts, the issuance of a site permit or route permit and subsequent purchase and use of such site or route locations for large electric power generating plant and high-voltage transmission line purposes shall be the sole site or route approval required to be obtained by the utility. Such permit shall supersede and preempt all zoning, building, or land use rules, regulations, or ordinances promulgated by regional, county, local and special purpose government.
10.Minn. Stat. §§ 216E.12, 222.36, and 301B.02 grant Petitioner the right to acquire real property for the purposes stated herein by exercise of the power of eminent domain, in the manner prescribed by Minn. Stat., Ch. 117 (2011). Therefore, having been issued a certificate of need and a route permit for the Project, Petitioner is authorized by law to exercise its power of eminent domain to acquire real property for the Project.
11.To accomplish the foregoing public use and purpose of constructing the Project, it is reasonably necessary and convenient for Petitioner to acquire fee title by exercise of the power of eminent domain over certain real property described in Exhibit A, attached hereto and incorporated herein by reference (“Property”).
12.Petitioner has complied with the provisions of Minn. Stat. §§ 117.036 and 117.054 (2011).
13.The legal description of the Property affected by the taking and the names of those appearing of record or known to Petitioner to be the owners of said Property or interested therein, including all whom Petitioner has, by investigation and inquiry, been able to discover, together with the nature of the ownership of each, as ascertained by Petitioner, are set forth in Exhibit A.
14.Petitioner, by resolution of its governing body, has authorized the acquisition of the Property described in Exhibit A by the exercise of its right of eminent domain, including the use of the “quick-take” provision of Minn. Stat. § 117.042 (2011). The use of “quick-take” is necessary because the construction of the substation on the Property is scheduled to begin prior to the time by which the Court-appointed Commissioners can reasonably be expected to render their award of damages.
15.The Property to be acquired through this proceeding is located in Goodhue County, Minnesota.
WHEREFORE, Petitioner prays for an order of this Court as follows:
1.Adjudging that the taking of the Property is for a public use and purpose, is necessary, and is authorized by law, and granting the Petition;
2.Authorizing the use of “quick-take” to acquire the Property under the provisions of Minn. Stat. § 117.042(2011);
3.Appointing three disinterested persons, and at least two alternates, to ascertain and report the amount of damages that will be sustained by the several owners on account of the taking; fixing the time and place of the first meeting of the three commissioners; prescribing their compensation; and requiring the commissioners to file their report with the District Court Administrator within 365 days from the date of the order appointing the commissioners, unless said time be further extended by order of the Court; and
4.For such other and further relief as may be proper and pursuant to law.
Respectfully submitted,
Dated: November 15, 2012/s/ Howard A. Roston
Steven J. Quam (# 250673)
Howard A. Roston (# 260460)
Mollie M. Smith (# 0338965)
FREDRIKSON & BYRON, P.A.
200 South Sixth Street, Suite 4000
Minneapolis, Minnesota 55402-1425
Telephone: (612) 492-7000
Fax: (612) 492-7077
Attorneys for Petitioners
ACKNOWLEDGMENT
The undersigned acknowledges that sanctions may be awarded pursuant to Minn. Stat. § 549.211 (2011).
Dated: November 15, 2012/s/ Howard A. Roston
Howard A. Roston (#260460)
EXHIBIT A
Northern States Power Company, vs. Leslie M. Rolfson, et al.
Description of Parcel Affected(PID No. 39-030-0200):
The Northeast Quarter (NE¼) of Section 30, Township 109 North, Range 15 West, Goodhue County and State of Minnesota, according to the plat thereof on file and of record in the office of the County Recorder for the County of Goodhue and State of Minnesota, EXCEPT that part of the East Half of the Northeast Quarter of Section 30, Township 109 North, Range 15 West, shown as Parcel 4152 on Minnesota Department of Transportation Right of Way Plat Numbered 25-17 as the same is on file and of record in the office of the County Recorder in and for Goodhue County, Minnesota.
Abstract Property
Description of Interest to be Acquired:
Substation Parcel:
Fee title to: The Northwest Quarter of the Northeast Quarter and the North 200 feet of the Northeast Quarter of the Northeast Quarter, Section 30, Township 109 North, Range 15 West, Goodhue County, Minnesota, EXCEPT that part taken for highway right of way as shown on Minnesota Department of Transportation Right of Way Plan No. 25-17.
Containing 45.03 acres, more or less.
Name Nature of Interest
Leslie M. Rolfson Fee Owner
Barbara A. Rolfson Fee Owner
Unknown Heirs of
Bruce G. Dickey Fee Owner
State of Minnesota
Roads and Snow
Fence Rights (Trunk
Highway No. 52)
Goodhue County
Real Estate Taxes
and County Roads
STATE OF MINNESOTA
DISTRICT COURT
COUNTY OF GOODHUE
FIRST JUDICIAL DISTRICT
File No. 25-CV-12-2794
Case Type: Condemnation
Northern States Power Company (d/b/a Xcel Energy), a Minnesota corporation, by its Board of Directors,
Petitioner,
vs.
Leslie M. Rolfson; Barbara A. Rolfson; Unknown Heirs of Bruce G. Dickey; State of Minnesota; and Goodhue County,
Respondents.
NOTICE OF MOTION AND
MOTION FOR AN ORDER
TRANSFERRING TITLE
AND POSSESSION
IN THE MATTER OF THE CONDEMNATION OF CERTAIN REAL ESTATE
IN THE COUNTY OF GOODHUE, STATE OF MINNESOTA,
FOR SUBSTATION PURPOSES
TO THE RESPONDENTS HEREIN:
YOU WILL PLEASE TAKE NOTICE, that on Friday, February 1, 2013, at 9:30 a.m., or as soon thereafter as counsel can be heard at the Goodhue County Justice Center, 454 West Sixth Street, Red Wing, Minnesota, Petitioner will move the Court for an order transferring to it title to and possession of the property that is the subject of the instant condemnation pursuant to Minn. Stat. § 117.042 (2012). This motion is based on Petitioner’s Notice of Intention to Take Title and Possession, previously served by Certified Mail, its timely payment of its approved appraisals of value in accordance with Minn. Stat. § 117.042, and the operation of law. The requested date of possession will be February 18, 2013.
Dated: November 21, 2012. /s/ Howard A. Roston
Steven J. Quam (# 250673)
Howard A. Roston (# 260460)
Mollie M. Smith (# 0338965)
FREDRIKSON & BYRON, P.A.
200 South Sixth Street, Suite 4000
Minneapolis, Minnesota 55402-1425
Telephone: (612) 492-7000
Fax: (612) 492-7077
Attorneys for Petitioner
ACKNOWLEDGMENT
The undersigned acknowledges that sanctions may be awarded pursuant to Minnesota Statutes, Section 549.211 (2012).
Dated: November 21, 2012./s/ Howard A. Roston
Howard A. Roston (# 260460)
12/8-12-22
Tags: public notices, general legals
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