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

Case Type: Condemnation
Court File No.: 56-CV-24-2429

State of Minnesota, by its Commissioner of Transportation,
Petitioner,
vs.
Kevin J. Goeden, 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 February 24, 2025, at 9:15 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 March 31, 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 MARCH 31, 2025. All advertising signs or devices located in the area being acquired must be removed by March 31, 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: October 30, 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, MN  55101-2134
(651) 757-1476 (Voice)
(651) 282-2525(TTY)
ATTORNEY FOR PETITIONER

STATE OF MINNESOTA COUNTY OF OTTER TAIL DISTRICT COURT SEVENTH JUDICIAL DISTRICT
Case Type: Condemnation
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State of Minnesota, by its Commissioner of Transportation,
Petitioner,
vs.
Kevin J. Goeden, Gail J. Goeden, County of Otter Tail, Gail J. Goeden Revocable Trust dated January 31, 2017, Kevin M. Goeden Revocable Trust dated January 31, 2017, Unknown heirs of Marjorie L. Snyder, deceased, AgReliant Genetics, LLC, Astera Health, successor in interest by corporate merger, consolidation, amendment, or conversion to Tri-County Hospital, Inc., also known as Tri-County Hospital; to Wesley Hospital Association Incorporated, doing business as Astera Health Wadena Clinic, a Minnesota registered assumed name, U.S. Bank Trust Company, National Association, Old National Bank, United State of America, Central Minnesota Cancer Center, Wadena Cancer Center, LLC, AgriBank, FCB, successor in interest by corporate merger, consolidation, amendment, or conversion to The Federal Land Bank of Saint Paul and the Farm Credit Bank of Saint Paul, 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 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, and an easement as to Parcel 310A 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, and further, to acquire a temporary easement in those cases which are herein particularly mentioned.
With reference to Parcel 212A, there appears a mortgage executed by Tri County Hospital, Inc. know Astera Health, a not for profit corporation under the laws of the state of Minnesota, doing business as Astera Health Wadena Clinic, as mortgagor, to the United States of America, acting through the Rural Housing Service, United States Department of Agriculture, mortgagee, dated April 19, 2023 and recorded April 21, 2023 as document number 1290498 and filed in the office of the County Recorder in Otter Tail County Minnesota.
With reference to Parcels 310A, it is the intention of this proceeding to except all severed mineral rights, not including rights to sand and gravel, and reserve to the owners of the severed mineral rights, their heirs, successors and assigns, the rights and privileges to explore for, mine, and remove the minerals, but only in such manner that will not interfere with the use of said land for highway purposes or with the safe and continuous operation of any public highway thereon, and further the severed mineral owners reserve the right to relocate the highway at the mineral owners’ expense pursuant to Minn. Stat. §l60.l0 as such may be amended.
Petitioner hereby moves 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.
Petitioner hereby moves 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.
Further, Petitioner hereby moves 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.
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: 
FEE ACQUISITION
Parcel 209A  C.S. 5605 (10=2-33-1)
S.P. 8001-44RW
All of the following:
That part of West Half of the Southeast Quarter and the Southeast Quarter of the Southeast Quarter, all in Section 35, Township 135 North, Range 36 West, shown as Parcel 209A on Minnesota Department of Transportation Right of Way Plats Numbered 56-51 and 56-52 as the same are on file and of record in the office of the County Recorder in and for Otter Tail County, Minnesota;
containing 13.66 acres, more or less, of which 8.30 acres is encumbered by an existing highway easement;
together with other rights as set forth below, forming and being part of said Parcel 209A:
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 209A 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:
Kevin J. Goeden
Gail J. Goeden
Fee
County of Otter Tail Taxes
Gail J. Goeden Revocable Trust dated January 31, 2017
TODD Beneficiary
Kevin M. Goeden Revocable Trust dated January 31, 2017
TODD Beneficiary
FEE ACQUISITION
Parcel 211C  C.S. 5605 (10=2-33-1)
S.P. 8001-44RW
All of the following:
That part of Government Lot 4, Section 1, Township 134 North, Range 36 West, shown as Parcel 211C 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 0.02 acre, more or less;
together with other rights as set forth below, forming and being part of said Parcel 211C:
Access:
All right of access as shown on said plat by the access control symbol(s). 
Names of parties interested in the above-described land and nature of interest:
Unknown heirs of Marjorie L. Snyder, deceased
Fee
County of Otter Tail
Taxes 
FEE ACQUISITION
Parcel 212  C.S. 5605 (10=2-33-1)
S.P. 8001-44RW
All of the following:
That part of the Southwest Quarter of the Northeast Quarter and Government Lot 2, all in Section 1, Township 134 North, Range 36 West, shown as Parcel 212 on Minnesota Department of Transportation Right of Way Plats Numbered 56-53 and 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;
containing 2.02 acres, more or less;
together with other rights as set forth below, forming and being part of said Parcel 212:
Access:
All right of access as shown on said plats by the access control symbol(s).
Temporary Easement:
A temporary easement for highway purposes as shown on said plats as to said Parcel 212 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:
AgReliant Genetics, LLC
Fee
County of Otter Tail
Taxes 
FEE ACQUISITION
Parcel 212A  C.S. 5605 (10=2-33-1)
S.P. 8001-44RW
All of the following:
That part of the South Half of the Northeast Quarter of Section 1, Township 134 North, Range 36 West, shown as Parcel 212A on Minnesota Department of Transportation Right of Way Plat Numbered 56-54 as the same is on file and of record in the office of the County Recorder in and for Otter Tail County, Minnesota;
containing 2.50 acres, more or less, of which 0.05 acre is encumbered by an existing road easement;
together with other rights as set forth below, forming and being part of said Parcel 212A:
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 212A 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:
Astera Health, successor in interest by corporate merger, consolidation, amendment, or conversion to Tri-County Hospital, Inc., also known as Tri-County Hospital; to Wesley Hospital Association Incorporated, doing business as Astera Health Wadena Clinic, a Minnesota registered assumed name
Fee
U.S. Bank Trust Company, National Association
Mortgage
Old National Bank
Mortgage
United State of America Department of Agriculture through the Rural Housing Service
Mortgage and 
Financing Statement
Central Minnesota Cancer Center
Claimant of an Interest
Wadena Cancer Center, LLC
Lessee
County of Otter Tail
Taxes 
EASEMENT ACQUISITION
Parcel 310A  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 310A 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 0.36 acre, more or less;
together with other rights as set forth below, forming and being part of said Parcel 310A:
Temporary Easement:
A temporary easement for highway purposes as shown on said plat as to said Parcel 310A 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:
Kevin J. Goeden
Gail J. Goeden
Fee
AgriBank, FCB, successor in interest by corporate merger, consolidation, amendment, or conversion to The Federal Land Bank of Saint Paul and the Farm Credit Bank of Saint Paul
Mineral Rights
County of Otter Tail
Taxes
Kevin M. Goeden Revocable Trust dated January 31, 2017
TODD Beneficiary
Gail J. Goeden Revocable Trust dated January 31, 2017
TODD Beneficiary
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: October 17, 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 1400
St. Paul, Minnesota 55101-2134
(651) 757-1476 (Voice)
(651) 297-1235 (Fax)
erik.johnson@ag.state.mn.us
ATTORNEY FOR PETITIONER
101004
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: October 17, 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 1400
St. Paul, Minnesota 55101-2134
(651) 757-1476 (Voice)
(651) 297-1235 (Fax)
erik.johnson@ag.state.mn.us
ATTORNEY FOR PETITIONER
12-5-3-c