STATE OF MINNESOTA COUNTY OF OTTER TAIL IN DISTRICT COURT SEVENTH JUDICIAL DISTRICT

September 19, 2024

Case Type: Condemnation
 Court File No.: 56-CV-24-1909

State of Minnesota, by its Commissioner of Transportation,
 Petitioner,
vs.
Polman Transfer Properties LLP, et al.
 Respondents.

IN THE MATTER OF THE CONDEMNATION OF CERTAIN LANDS FOR TRUNK HIGHWAY PURPOSES NOTICE

To the Respondents hereinabove named:
You, and each of you, are hereby notified that on December 23, 2024, at 9:30 a.m., or as soon thereafter as counsel can be heard, before Judge Michael D. Fritz, in the Courthouse at Fergus Falls, Otter Tail County, Minnesota, via remote hearing, the Petitioner will present a Petition now on file herein for the condemnation of certain lands for trunk highway purposes. This hearing will not be in person at the Courthouse. Instructions for attending the remote hearing may be obtained from Otter Tail Court Administration. The remote hearing may be accessed by video at https://Zoomgov.com/join, or by phone at 833-568-8864. For either method, the Meeting ID is 160 021 7959 and the Meeting Password is 725074. A copy of the Petition is attached hereto and incorporated herein.
YOU, AND EACH OF YOU, ARE FURTHER NOTIFIED, that Petitioner will also move the court for an order transferring title and possession to Petitioner of the parcels described in the Petition in accordance with Minn. Stat. §117.042, as of January 27, 2025. 
YOU, AND EACH OF YOU, ARE FURTHER NOTIFIED, that all persons occupying the property described in the petition must VACATE THE AREA BEING ACQUIRED AND MOVE ALL OF YOUR PERSONAL PROPERTY FROM THE AREA BEING ACQUIRED ON OR BEFORE JANUARY 27, 2025.  All advertising signs or devices located in the area being acquired must be removed by January 27, 2025.
YOU, AND EACH OF YOU, ARE FURTHER NOTIFIED, 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.

Dated: August 28, 2024 KEITH ELISON
Attorney General
State of Minnesota
  /s/Erik M. Johnson
ERIK M. JOHNSON 
Assistant Attorney General
Atty. Reg. No. 0247522
445 Minnesota Street, Suite 1800
St. Paul, MN  55101-2134
(651) 757-1476 (Voice)
(651) 282-2525(TTY)
ATTORNEY FOR PETITIONER

STATE OF MINNESOTA COUNTY OF OTTER TAIL

IN DISTRICT COURT SEVENTH JUDICIAL DISTRICT
Case Type: Condemnation
- - - - -
State of Minnesota, by its Commissioner of Transportation,
Petitioner,
vs.
Polman Transfer Properties LLP, BNSF Railway Company, formerly known as the Burlington Northern and Santa Fe Railway Company, and as successor in interest to the Northern Pacific Railroad Company and the Northern Pacific Fergus and Black Hills Railroad Company, U.S. Bank Trust National Association, successor in interest by corporate merger, consolidation, amendment, or conversion to Morgan Guaranty Trust Company of New York, County of Otter Tail, Philip  Blake Schmidt, Amanda Rae Schmidt, Mid-Central National Bank, formerly known as Mid-Central Federal Savings and Loan Association, Ryan Barthel, Lamar OCI North LLC, Timothy Mindermann, Chelsea Mindermann, Polman Transfer Inc., Michael  Blommel, Bobbie Blommel, Rocket Mortgage, LLC, successor in interest by corporate merger, consolidation, amendment, or conversion to Quicken Loans, Inc. and Quicken Loans, LLC, Regions Bank, successor in interest by corporate merger, consolidation, amendment, or conversion to EnerBank USA, also all other persons unknown claiming any right, title, estate, interest or lien in the real estate described in the Petition herein,
Respondents.
- - - - -
IN THE MATTER OF THE CONDEMNATION OF CERTAIN LANDS FOR TRUNK HIGHWAY PURPOSES
- - - - -
PETITION
- - - - -
To the District Court above named the State of Minnesota brings this Petition and respectfully states and alleges: 
I. 
That Trunk Highway numbered 10, being Route numbered 2, has been located according to law and passes over the lands herein described.
That it is duly covered by Right of Way Plat Orders numbered 100553, 100554, 100555, 100556, and 100557.
II.
That the Commissioner of Transportation deems it necessary that the State of Minnesota for trunk highway purposes obtain the lands herein described in fee simple absolute, together with the following rights:  to acquire all trees, shrubs, grass and herbage within the right of way herein to be taken, and to keep and have the exclusive control of the same, to acquire from the owners whose lands front thereon any existing right of access to said highway in those cases which are herein particularly mentioned, and to keep and have the exclusive control of all access to said highway in accordance with the law governing controlled access highways, to acquire building removal easements in those cases which are herein particularly mentioned, and further, to acquire a temporary easement in those cases which are herein particularly mentioned.
It is the intention of the above-named Petitioner to move the court for an order authorizing the Court Administrator to accept and deposit payments, in an interest-bearing account, from the Petitioner to the court pursuant to Minn. Stat. § 117.042.
Further, it is the intention of the above-named Petitioner to move the court for an order requiring the parties to exchange any appraisals at least 14 days prior to a commissioners’ hearing, pursuant to Minn. Stat. § 117.036.
Further, it is the intention of the above-named Petitioner to move the court for an order transferring title and possession of the parcels herein described, prior to the filing of an award by the court appointed commissioners, pursuant to Minn. Stat. §117.042.
The Petitioner reserves its right to recover costs of clean up and testing and all other damages arising from the presence of pollutants, contaminants, or hazardous materials on the property described herein, from all potential responsible parties, including respondents herein where appropriate, in a separate legal action to the extent permitted by law.
III.
That the following described lands in these proceedings taken are situated in Otter Tail County, Minnesota; that the names of all persons appearing of record or known to your Petitioner to be the owners of said lands or interested therein, including all whom your Petitioner has been able by investigation and inquiry to discover, together with the nature of the ownership of each, as nearly as can be ascertained, are as follows:
 
Parcel 200 C.S. 5605 (10=2-33-1)
S.P. 8001-44RW
All of the following:
All right of access to the North Half of the Southwest Quarter, the Southwest Quarter of the Northwest Quarter, the Northeast Quarter of the Southwest Quarter, the Northwest Quarter of the Southeast Quarter, the South Half of the Southeast Quarter, all in Section 35, Township 135 North, Range 36 West, and the Southwest Quarter of the Southwest Quarter in Section 36, Township 135 North, Range 36 West, and Government Lot 1 in Section 2, Township 134 North, Range 36 West, and the Southwest Quarter of the Northeast Quarter, the South Half of the Northeast Quarter, the Northeast Quarter of the Southeast Quarter and Government Lots 2, 3 and 4, all in Section 1, Township 134 North, Range 36 West, as shown by the access control symbol(s) as Parcel 200 on Minnesota Department of Transportation Right of Way Plats Numbered 56-50, 56-51, 56-52, 56-53, 56-54, as the same are on file and of record in the office of the County Recorder in and for Otter Tail County, Minnesota;
together with other rights as set forth below, forming and being part of said Parcel 200:
Temporary Easement:
A temporary easement for highway purposes as shown on said plats as to said Parcel 200 by the temporary easement symbol, said easement shall cease on December 1, 2029, or on such earlier date upon which the Commissioner of Transportation determines by formal order that it is no longer needed for highway purposes.   
Names of parties interested in the above-described land and nature of interest:
BNSF Railway Company, formerly known as the Burlington Fee
Northern and Santa Fe Railway 
Company, and as successor in 
interest to the Northern Pacific 
Railroad Company and the Northern 
Pacific Fergus and Black Hills 
Railroad Company
 
U.S. Bank Trust National Mortgage
Association, successor in interest 
by corporate merger, consolidation, 
amendment, or conversion to 
Morgan Guaranty Trust Company
of New York
 
County of Otter Tail Taxes
 
FEE ACQUISITION
Parcel 208  C.S. 5605 (10=2-33-1)
S.P. 8001-44RW
All of the following:
That part of Southwest Quarter of the Northwest Quarter, the North Half of the Southwest Quarter, all in Section 35, Township 135 North, Range 36 West, shown as Parcel 208 on Minnesota Department of Transportation Right of Way Plats Numbered 56-50 and 56-51 as the same is on file and of record in the office of the County Recorder in and for Otter Tail County, Minnesota; containing 3.50 acres, more or less; together with other rights as set forth below, forming and being part of said Parcel 208:
Access:
All right of access as shown on said plat by the access control symbol(s).
Temporary Easement:
A temporary easement for highway purposes as shown on said plat as to said Parcel 208 by the temporary easement symbol, said easement shall cease on December 1, 2029, or on such earlier date upon which the Commissioner of Transportation determines by formal order that it is no longer needed for highway purposes.  
Building Removal Easement:
A building removal easement as shown on said plats as to said Parcel 208 by the building removal symbol, for the purpose of removing or demolishing buildings therefrom, said easement shall cease upon removal or demolition of said buildings, or in any event, no later than the 1st day of December, 2029. 
Names of parties interested in the above-described land and nature of interest:
Philip  Blake  Schmidt Fee
Amanda Rae  Schmidt
 
Mid-Central National Bank, Mortgage
formerly known as Mid-Central 
Federal Savings and Loan Association
 
Ryan Barthe Lessee
 
Lamar OCI North LLC Lessee
 
County of Otter Tail Taxes
 
FEE ACQUISITION
Parcel 211B  C.S. 5605 (10=2-33-1)
S.P. 8001-44RW
All of the following:
That part of Government Lot 3 (also known as the Northeast Quarter of the Northwest Quarter), Section 1, Township 134 North, Range 36 West, shown as Parcel 211B on Minnesota Department of Transportation Right of Way Plat Numbered 56-53 as the same is on file and of record in the office of the County Recorder in and for Otter Tail County, Minnesota; containing 2.55 acres, more or less; together with other rights as set forth below, forming and being part of said Parcel 211B:
Access:
All right of access as shown on said plat by the access control symbol(s).
Temporary Easement:
A temporary easement for highway purposes as shown on said plat as to said Parcel 211B by the temporary easement symbol, said easement shall cease on December 1, 2029, or on such earlier date upon which the Commissioner of Transportation determines by formal order that it is no longer needed for highway purposes.  
Building Removal Easement:
A building removal easement as shown on said plat as to said Parcel 211B by the building removal symbol, for the purpose of removing or demolishing buildings therefrom, said easement shall cease upon removal or demolition of said buildings, or in any event, no later than the 1st day of December, 2029. 
Names of parties interested in the above-described land and nature of interest:
Polman Transfer Properties LLP Fee
 
Timothy Mindermann Possible 
Chelsea Mindermann Claimant 
of an 
Interest

 
County of Otter Tail Taxes
 
Polman Transfer Inc. Occupant

 
FEE ACQUISITION
Parcel 310B  C.S. 5605 (10=2-33-1)
S.P. 8001-44RW
All of the following:
That part of the Southwest Quarter of the Southwest Quarter of Section 36, Township 135 North, Range 36 West, shown as Parcel 310B on Minnesota Department of Transportation Right of Way Plat Numbered 56-52 as the same is on file and of record in the office of the County Recorder in and for Otter Tail County, Minnesota; containing 0.18 acre, more or less, of which 0.01 acre is encumbered by an existing road easement;
together with other rights as set forth below, forming and being part of said Parcel 310B:
Access:
All right of access as shown on said plat by the access control symbol(s).
Temporary Easement:
A temporary easement for highway purposes as shown on said plat as to said Parcel 310B by the temporary easement symbol, said easement shall cease on December 1, 2029, or on such earlier date upon which the Commissioner of Transportation determines by formal order that it is no longer needed for highway purposes.   
Names of parties interested in the above-described land and nature of interest:
Michael  Blommel Fee
Bobbie Blommel 

Rocket Mortgage, LLC, Mortgage
successor in interest by 
corporate merger, consolidation,
amendment, or conversion to 
Quicken Loans, Inc. 
and Quicken Loans, LLC
 
Regions Bank, successor Financing 
in interest by corporate Statement 
merger, consolidation, amendment, 
or conversion to EnerBank USA
 
County of Otter Tail Taxes
 
WHEREFORE, Your Petitioner prays that the Court grant this petition, that commissioners be appointed to appraise the damages which may be occasioned by such taking, and that such proceedings may be had herein as are provided by law.

Dated: August 21, 2024 KEITH ELLISON
Attorney General
State of Minnesota
/s/Erik M. Johnson
ERIK M. JOHNSON
Assistant Attorney General
Atty. Reg. No. 0247522
445 Minnesota Street, Suite 1800
St. Paul, Minnesota 55101-2134
(651) 757-1476 (Voice)
(651) 297-1235 (Fax)
erik.johnson@ag.state.mn.us
ATTORNEY FOR PETITIONER
100991
MINN. STAT. § 549.211

ACKNOWLEDGMENT
The party or parties on whose behalf the attached document is served acknowledge through their undersigned counsel that sanctions may be imposed pursuant to Minn. Stat. § 549.211.

Dated: August 21, 2024 KEITH ELLISON
Attorney General
State of Minnesota
/s/Erik M. Johnson
ERIK M. JOHNSON
Assistant Attorney General
Atty. Reg. No. 0247522
445 Minnesota Street, Suite 1800
St. Paul, Minnesota 55101-2134
(651) 757-1476 (Voice)
(651) 297-1235 (Fax)
erik.johnson@ag.state.mn.us
ATTORNEY FOR PETITIONER
10-3-3-c