254 Minn. 17 | Minn. | 1958
Appeal by the state from an order which vacated, set aside, and annulled a dismissal filed by the state as to certain parcels of land involved in a condemnation proceeding which it initiated on September 30, 1957. The proceeding was instituted for the purpose of enlarging the campus of Moorhead State College situated in Clay County.
Pursuant to a court order of November 12, 1957, commissioners filed their report on November 26, 1957, appraising the value of the land condemned. On January 10, 1958, subsequent to the expiration of time for appeal from the commissioners’ report to the district court,
The sole question raised on appeal is whether the state may dismiss its own condemnation proceedings as to certain parcels after the expiration of the time for appeal from the commissioners’ report.
In this state it was established early that a condemnor could abandon
Clearly then the right to dismiss is contingent upon the finality of the commissioners’ award. In the absence of appeal by either party the commissioners’ award becomes final and possesses the same force and effect as a judgment when the time for appeal has expired. State ex rel. McFarland v. Erskine, 165 Minn. 303, 206 N. W. 447; Annotation, 121 A. L. R. 43.
It is necessary at this point to determine whether there are any statutes which control the time within which the state may dismiss condemnation proceedings. The state cites M. S. A. 117.16, which allows the landowners the option of dismissing the proceedings if the award has not been paid within 70 days after the commissioners’ report has been filed if no appeal is taken, or within 70 days after a final judgment in the district court if an appeal is taken. It further provides that when the proceeding is so dismissed or discontinued by the condemnor the owner may recover reasonable costs, including attorney’s fees.
The state contends that this statute affects the time at which the
We do not consider that this statute indicates an intent on the part of the legislature to extend the time in which condemnation proceedings may be discontinued beyond the entry of judgment or the expiration of time to appeal. We therefore hold that upon expiration of the time to appeal from the commissioners’ report filed in condemnation proceedings instituted by the state, or upon entry of judgment if an appeal is taken, the rights of the respective parties become vested and the state may not then dismiss the proceedings in whole or in part. This does not mean, however, that the right to dismiss cannot terminate before the expiration of the time to appeal or before entry of judgment where circumstances require it. See, Witt v. St. Paul & N. P. Ry. Co. supra.
Affirmed.
M. S. A. 117.20, subd. 4, reads:
“At any time within 40 days from the date of the filing of the report, any party to the proceeding may appeal from any award of damages embraced in the report, or from any omission to award damages, by filing with the clerk a notice of such appeal; which shall specify the particular award or failure to award appealed from, the nature and amount of the claim, the land to which it relates, and the grounds of the appeal; and upon appeal the prevailing party shall recover costs and disbursements.”