Condemnation proceeding
STATE OF MINNESOTA IN DISTRICT COURT
COUNTY OF ROCK FIFTH JUDICIAL DISTRICT
Case Type: Condemnation
Court File No.: 67-CV-26-170
State of Minnesota, by its Commissioner of Transportation,
Petitioner
vs
Lass Living Trust, 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 October 26, 2026, at 1:30 p.m., or as soon thereafter as counsel can be heard, before Judge Kayla M. Johnson, in the Courthouse at Luverne, Rock 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 Rock 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 161 190 6203 and the Meeting Password is 218937. 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 November 19, 2026.
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 NOVEMBER 19, 2026. All advertising signs or devices located in the area being acquired must be removed by November 19, 2026.
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: June 30, 2026 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 600
St. Paul, MN 55101-2125
651-757-1457 (Voice)
651-282-2525 (TTY)
ATTORNEY FOR PETITIONER
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF ROCK FIFTH JUDICIAL DISTRICT
Case Type: Condemnation
State of Minnesota, by its Commissioner of Transportation,
Petitioner,
vs.
Lass Living Trust, dated May 23, 2006, George Lass and Susan Lass trustees, Shirley J. Frey, Larry A. Frey, Carrie K. Frey, Robert S. Frey, Barbara Lynn Compton, Unknown heirs of Sandra Lea Akkerman, deceased, Kenneth D. Frey, Laura Frey, Brad Akkerman, Donald R. Luitjens, Jennifer L. Luitjens, Red Rock Ridge, LLC, doing business as Circle F Farms, Blue Mound Family Farms, LLC, doing business as Circle F. Farms, a registered assumed name, County of Rock, Compeer Financial, FLCA, David E Jagow, Viva Jagow, Plains Commerce Bank, Mortgage Electronic Registration Systems, Inc., Prairie Rose Wind 2, LLC, Keith Van Hulzen and Amy Van Hulzen, as trustees of Keith & Amy Van Hulzen Living Trust dated June 12, 2008, Minnwest Bank, Randall B Kroese, Roxanne D Kroese, Ross Van Hulzen, Bernice Van Hulzen, Keith Van Hulzen, Amy Van Hulzen, Z. Craig Lovett, Christine M. Lovett, JPMorgan Chase Bank, National Association, successor in interest by corporate merger, consolidation, amendment, or conversion to Chase Manhattan Mortgage Corporation, Heath Peterson, also all other persons unknown claiming any right, title, estate, interest or lien in the real estate described 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 75, being Route numbered 6, has been located according to law and passes over the lands herein described.
That it is duly covered by Center Line Orders numbered 5277, 8945, and 11777, Width Orders numbered 100818, 100820 and 100821, and Temporary Easement Orders numbered 100819 and 100822.
II.
That the Commissioner of Transportation deems it necessary that the State of Minnesota for trunk highway purposes obtain an easement in the lands herein described, 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 and to acquire a temporary easement in those cases which are herein particularly mentioned.
Petitioner hereby moves the court for an order authorizing the Court Administrator to accept and deposit payments 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 Rock 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:
EASEMENT ACQUISITION
Parcel 209 C.S. 6705 (75=6-57-1)
S.P. 6705-47RW
That part of Tract A described below:
Tract A. The Southeast Quarter of the Southeast Quarter of Section 10, Township
103 North, Range 45 West, Rock County, Minnesota; which lies between
two lines run parallel with and distant 75 feet and 105 feet westerly of
the following described line: Beginning at a point on Line 1 described
below, distant 20 feet southerly of its point of termination (measured
along said Line 1); thence southerly along said Line 1 for 40 feet and
there terminating;
Line 1. Beginning at a point on the southerly boundary of the Northeast Quarter
of Section 15, Township 103 North, Range 45 West, distant 3.3 feet
westerly of the southeast corner thereof; thence run northerly to a point
on the northerly boundary of the Northeast Quarter of said Section 15,
distant 0.9 feet westerly of the northeast corner thereof; thence deflect
to the right at an angle of 00 degrees 02 minutes for 974.2 feet and
there terminating; containing 0.03 acre, more or less; also a right to use the following described strip for highway purpose, which right shall cease on December 1, 2029, or on such earlier date upon which the Commissioner of Transportation determines a formal order that it is no longer needed for highway purposes:
A strip being that part of Tract A hereinbefore described, adjoining, northerly, westerly and southerly of the above described strip, which lies between two lines run parallel with and distant 75 feet and 115 feet westerly of the following described line: Beginning at the point of termination of Line 1 described below; thence southerly along said Line 1 for 85 feet and there terminating; containing 0.05 acre, more or less.
Names of parties interested in the above-described land and nature of interest:
Shirley J. Frey Life Estate
Larry A. Frey Fee
Carrie K. Frey
Robert S. Frey Fee
Barbara Lynn Compton Fee
Unknown heirs of Sandra Lea Akkerman, Fee
deceased
Kenneth D. Frey Fee
Laura Frey Claimant of an Interest
Brad Akkerman Possible Claimant of an Interest
Donald R. Luitjens Right of First Refusal
Jennifer L. Luitjens
Red Rock Ridge, LLC, Lessee
doing business as Circle F Farms
Blue Mound Family Farms, LLC, Lessee
doing business as Circle F. Farms,
a registered assumed name in Minnesota
County of Rock Taxes
EASEMENT ACQUISITION
Parcel 212 C.S. 6705 (75=6-57-1)
S.P. 6705-47RW
That part of Tract A described below:
Tract A. The Southeast Quarter of the Northeast Quarter of Section 10, Township
103 North, Range 45 West, Rock County, Minnesota; which lies between
two lines run parallel with and distant 75 feet and 115 feet westerly of
the following described line: Beginning at a point on Line 1 described
below, distant 10 feet southerly of its point of termination (measured
along said Line 1); thence southerly along said Line 1 for 80 feet and
there terminating;
Line 1. Beginning at a point on the southerly boundary of the Northwest Quarter
of Section 11, Township 103 North, Range 45 West, distant 0.4 feet
easterly of the southwest corner thereof; thence run northwesterly at an angle of 90 degrees 33 minutes with said southerly boundary for a
distance of 330.6 feet and there terminating; containing 0.07 acre,
more or less; also a right to use the following described strip for highway
purpose, which right 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:
A strip being that part of Tract A hereinbefore described, adjoining, northerly, westerly and southerly of the above described strip, which lies between two lines run parallel with and distant 75 feet and 125 feet westerly of the following described line: Beginning at the point of termination of Line 1 described above; thence southerly along said Line 1 for 115 feet and there terminating; containing 0.06 acre, more or less.
Names of parties interested in the above-described land and nature of interest:
George Lass and Susan Lass, Fee
as trustees of Lass Living Trust, dated
May 23, 2006, and any amendments thereto
Compeer Financial, FLCA Mortgage
County of Rock Taxes and Special Assessments
EASEMENT ACQUISITION
Parcel 14 C.S. 6705 (75=6-32)
S.P. 6705-47RW
That part of Tract A described below:
Tract A. A tract of land located in the Southwest Quarter of Section 10, Township
104 North, Range 45 West, Rock County, Minnesota, described as follows: Starting at the Southeast corner of the Southwest Quarter of Section 10, Township 104 North, Range 45 West; thence going in a westerly direction along the south line of said Southwest Quarter a distance of 30 feet; thence in a Northwesterly direction 922 feet parallel to Trunk Highway No. 75; thence North 75 degrees East 203 feet; thence in a northwesterly direction 875 feet parallel to Trunk Highway No. 75; thence South 105 degrees West 224 feet; thence Northwesterly 1040 feet parallel to Trunk Highway No. 75; thence West 120 feet parallel to the North line of said Southwest Quarter; thence in a northwesterly direction 30 feet along Trunk Highway No. 75 right of way; thence in a Easterly direction along the North line of said Southwest Quarter a distance of 975 feet; thence South and parallel with the East line of said Southwest Quarter a distance of 302 feet; thence West and parallel with the North line of said Southwest Quarter a distance of 45 feet; thence South and parallel with the East line of said Southwest Quarter a distance of 219 feet; thence West and parallel with the North line of said Southwest Quarter a distance of 38 feet; thence South and parallel with the East line of said Southwest Quarter a distance of 390 feet; thence East and parallel with the North line of said Southwest Quarter a distance of 407 feet; thence South along the East line of said Southwest Quarter a distance of 1729 feet to the point of beginning; which lies southwesterly of a line run parallel with and distant 66 feet northeasterly of Line 1 described below and northeasterly of a line run parallel with and distant 50 feet southwesterly of the centerline of the Chicago, Rock Island and Pacific Railroad Company (now abandoned):
Line 1. Beginning at a point on the south line of said Section 10, distant 227.8
feet west of the south quarter corner thereof; thence run northwesterly
at an angle of 65 degrees 47 minutes with said south section line for a
distance of 3000 feet and there terminating; containing 0.01 acre, more
or less.
Names of parties interested in the above-described land and nature of interest:
David E Jagow Fee
Viva Jagow
Plains Commerce Bank Mortgage
Mortgage Electronic Registration Systems, Inc.
Prairie Rose Wind 2, LLC Easement
County of Rock Taxes
EASEMENT ACQUISITION
Parcel 11 C.S. 6705 (75=6-48)
S.P. 6705-47RW
That part of Tract A described below:
Tract A. The Southeast Quarter of Section 4, Township 104 North, Range 45 West,
Rock County, Minnesota, lying northeasterly of the northeasterly right of way line of Trunk Highway No. 75 as now located and established;
Also including all of the Chicago, Rock Island and Pacific Railroad Company abandoned right of way located on the following described real estate: The Southeast Quarter of Section 4, Township 104 North, Range 45 West of the Fifth Principal Meridian; which lies southwesterly and southeasterly of the following described line and it’s extensions: Commencing at the point of termination of Line 1 described below; thence northeasterly at a right angle to said Line 1 for 66 feet to the point of beginning of the line to be described; thence southeasterly parallel with said Line 1 for 2365 feet; thence northeasterly at a right angle for 10 feet; thence southeasterly parallel with said Line 1 for 65 feet; thence southwesterly at a right angle for 10 feet; thence southeasterly parallel with said Line 1 for 270 feet; thence northeasterly at a right angle for 30 feet; thence southeasterly parallel to said Line 1 to an intersection with the east line of said Section 4 and there terminating;
Line 1. Beginning at a point on the south line of said Section 3, distant 95.2
feet east of the southwest corner thereof; thence run northwesterly at an angle of 65 degrees 26 minutes with the south line of said Section 3 for 3186.6 feet and there terminating; containing 1.19 acres, more or less; also a right to use the following described strips for highway purposes, which right 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:
A strip being that part of Tract A hereinbefore described, adjoining, southeasterly,
northeasterly and northwesterly of the above described strip, which lies southwesterly
and northwesterly of the following described line: Beginning at a point on Line 1
described below, distant 2355 feet southeasterly of its point of termination (measured
along said Line 1); thence northeasterly at a right angle for 86 feet; thence southeasterly
parallel with said Line 1 for 85 feet; thence southwesterly at a right angle for 20 feet and
there terminating;
A strip being that part of Tract A hereinbefore described, adjoining and northeasterly of
the above first described strip, which lies and southwesterly of the following described
line: Commencing at a point on Line 1 described below, distant 2690 feet southeasterly
of its point of termination (measured along said Line 1); thence northeasterly at a right
angle for 106 feet; thence southeasterly parallel with said Line 1 to the south line of said
Tract A and there terminating;
containing 0.04 acre, more or less.
Names of parties interested in the above-described land and nature of interest:
Keith Van Hulzen and Amy Van Hulzen, Fee
as trustees of Keith & Amy Van Hulzen
Living Trust dated June 12, 2008
Minnwest Bank Mortgage
Randall B Kroese Easement
Roxanne D Kroese
Prairie Rose Wind 2, LLC Easement
Ross Van Hulzen Lessee
Bernice Van Hulzen
Keith Van Hulzen Lessee
Amy Van Hulzen
County of Rock Taxes
EASEMENT ACQUISITION
Parcel 210 C.S. 6705 (75=6-48)
S.P. 6705-47RW
That part of Tract A described below:
Tract A. A tract of land located in the Southwest Quarter of Section 3, Township 104
North, Range 45 West, Rock County, Minnesota, described as follows: Com-
mencing at the Northwest corner of said Section 3; thence going in a
Southerly direction on the West side of said Section 3, 227 rods to the point
of beginning; thence going in a Southerly direction on the West side of said
Section 3, 61.48 rods; thence going in a Southeasterly direction 37.08 rods
to a point on the South side of said Section 15.2 rods East of the Southwest
corner of said Section; thence going in an Easterly direction on the South side of
said Section 38 rods; thence going in a Northerly direction parallel to the West
side of said Section 96.12 rods; thence going in a Westerly direction 53.2
rods to the point of beginning;
AND
The abandoned Chicago, Rock Island and Pacific Railroad Company right
of way located in the Southwest Quarter of Section 3, Township 104 North,
Range 45 West of the Fifth Principal Meridian; which lies southwesterly and northwesterly of the following described line and it’s southeasterly extension: Commencing at the point of termination of Line 1 described below; thence northeasterly at a right angle to said Line 1 for 96 feet to the point of beginning of the line to be described; thence southeasterly parallel with said Line 1 for 420 feet; thence southwesterly at a right angle for 30 feet; thence southeasterly parallel with said Line 1 to the south line of said Section 3 and there terminating;
Line 1. Beginning at a point on the south line of said Section 3, distant 95.2 feet
east of the southwest corner thereof; thence run northwesterly at an angle
of 65 degrees 26 minutes with the south line of said Section 3 for 686.6 feet
and there terminating; containing 0.28 acre, more or less; also a right to use the following described strip for highway purposes, which right 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:
A strip being that part of Tract A hereinbefore described, adjoining and northeasterly of the above described strip, which lies southwesterly and northwesterly of the following described line and it’s extensions: Commencing at the point of termination of Line 1 described below; thence northeasterly at a right angle to said Line 1 for 106 feet to the point of beginning of the line to be described; thence southeasterly parallel with said Line 1 for 430 feet; thence southwesterly at a right angle for 40 feet and there terminating;
containing 0.05 acre, more or less.
Names of parties interested in the above-described land and nature of interest:
Z. Craig Lovett Fee
Christine M. Lovett
JPMorgan Chase Bank, National Association, Mortgage
successor in interest by corporate merger,
consolidation, amendment, or conversion to
Chase Manhattan Mortgage Corporation
Heath Peterson Lessee
Prairie Rose Wind 2, LLC Lessee
County of Rock Taxes and Special Assessments
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: June 22, 2026 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 600
St. Paul, Minnesota 55101-2125
651-757-1476 (Voice)
651-297-1235 (Fax)
erik.johnson@ag.state.mn.us
ATTORNEY FOR PETITIONER
101097
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: June 22, 2026
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 600
St. Paul, Minnesota 55101-2125
651-757-1476 (Voice)
651-297-1235 (Fax)
erik.johnson@ag.state.mn.us
ATTORNEY FOR PETITIONER
(09-10, 09-17, 09-24)
