Condemnation hearing
STATE OF MINNESOTA IN DISTRICT COURT
COUNTY OF ROCK FIFTH JUDICIAL DISTRICT
Case Type: Condemnation
Court File No. 67-PR-25-117
State of Minnesota, by its Commissioner of Transportation,
Petitioner,
vs.
Terry Swenson, 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 August 4, 2025, 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 September 8, 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 SEPTEMBER 8, 2025. All advertising signs or devices located in the area being acquired must be removed by September 8, 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: May 1, 2025 KEITH ELLISON
Attorney General
State of Minnesota
s/Mathew Ferche
MATHEW FERCHE
Assistant Attorney General
Atty. Reg. No. 0391282
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.
Terry Swenson, Unknown heirs of Leo Swenson, deceased, Mary C. Swenson, Andrew Swenson, Unknown heirs of Eugene LaRoy Cragoe, deceased, County of Rock, Michael J Jarchow, doing business as The Laundry Room of Luverne, Wanda K Jarchow, doing business as The Laundry Room of Luverne, City of Luverne, Luverne Properties LLC, Minnwest Bank, Fareway Stores, Inc., Thomas B Sterrett, Melissa J Sterrett, JPMorgan Chase Bank, National Association, Unknown successors in interest to Right Reverend Thomas L. Grace, deceased, Church of St. Catherine of Luverne, also known as St. Catherine Catholic Church, Unknown heirs of Mary E. Hadley, deceased, Unknown heirs of E.D. Hadley, deceased, Jerome H. Deuschle, Kathleen M. Deuschle, Global Equity Finance, Inc., Mortgage Electronic Registration Systems, Inc., Dean A. Luethje, Debra J. Luethje, Ingrid Gonzales, Unknown heirs of George W Edmonds, deceased, Hartquist Properties LLC, Security Savings Bank Luverne, an unregistered entity, Lexi Hodgkins, Hartquist Funeral Homes & Cremation Service, Inc., Alan G. Altman and Jacqueline H. Altman, as trustees of the Altman Living Trust, dated December 12, 2016, and any amendments thereto, First PREMIER Bank, 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 Legislative Route numbered 6, which has been renumbered 75, and which has been located according to law and designated as a controlled access highway, passes over the lands herein described.
That it is duly covered by Right of Way Plat Orders numbered 100765, 100739, 100743, 100717, and 100718.
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, 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, in an 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 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:
FEE ACQUISITION
Parcel 16 C.S. 6705 (75=6-57-2)
S.P. 6705-50RW
All of the following:
That part of Lots 17, 18 and 19, Block 7, WARREN AND KNISS' ADDITION TO THE VILLAGE OF LUVERNE, shown as Parcel 16 on Minnesota Department of Transportation Right of Way Plat Numbered 67-06 as the same is on file and of record in the office of the County Recorder in and for Rock County, Minnesota;
together with other rights as set forth below, forming and being part of said Parcel 16:
Temporary Easement:
A temporary easement for highway purposes as shown on said plat as to said Parcel 16 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:
Terry Swenson Contract for Deed
Unknown heirs of Leo Swenson, deceased Fee
Mary C. Swenson Claimant of Fee
Andrew Swenson Claimant of Fee
Unknown heirs of Eugene LaRoy Cragoe, deceased Judgment
County of Rock Taxes
FEE ACQUISITION
Parcel 19 C.S. 6705 (75=6-57-2)
S.P. 6705-50RW
All of the following:
That part of Lots 4 and 5, AUDITOR’S PLAT OF SUB DIVISION OF LOT ONE, BLK FOUR, P.J. KNISS ADDITION OF LUVERNE, shown as Parcel 19 on Minnesota Department of Transportation Right of Way Plat Numbered 67-06 as the same is on file and of record in the office of the County Recorder in and for Rock County, Minnesota;
together with other rights as set forth below, forming and being part of said Parcel 19:
Temporary Easement:
A temporary easement for highway purposes as shown on said plat as to said Parcel 19 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 J Jarchow, doing business as Fee
The Laundry Room of Luverne
Wanda K Jarchow, doing business as
The Laundry Room of Luverne
City of Luverne Easement
County of Rock Taxes
FEE ACQUISITION
Parcel 22 C.S. 6705 (75=6-57-2)
S.P. 6705-50RW
All of the following:
That part of Lots 1 through 5, inclusive, Block 12, WARREN AND KNISS' ADDITION TO THE VILLAGE OF LUVERNE, shown as Parcel 22 on Minnesota Department of Transportation Right of Way Plat Numbered 67-06 as the same is on file and of record in the office of the County Recorder in and for Rock County, Minnesota;
together with other rights as set forth below, forming and being part of said Parcel 22:
Temporary Easement:
A temporary easement for highway purposes as shown on said plat as to said Parcel 22 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:
Luverne Properties LLC Fee
Minnwest Bank Mortgage
Fareway Meat Market, an unregistered entity Lessee
County of Rock Taxes and Special Assessments
FEE ACQUISITION
Parcel 29 C.S. 6705 (75=6-57-2)
S.P. 6705-50RW
All of the following:
That part of Block 14, WARREN & KNISS' SECOND ADDITION TO LUVERNE, shown as Parcel 29 on Minnesota Department of Transportation Right of Way Plat Numbered 67-06 as the same is on file and of record in the office of the County Recorder in and for Rock County, Minnesota;
together with other rights as set forth below, forming and being part of said Parcel 29:
Temporary Easement:
A temporary easement for highway purposes as shown on said plat as to said Parcel 29 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:
Thomas B Sterrett Fee
Melissa J Sterrett
JPMorgan Chase Bank, National Association Mortgage
County of Rock Taxes
FEE ACQUISITION
Parcel 57 C.S. 6705 (75=6-57-2)
S.P. 6705-50RW
All of the following:
That part of the Southeast Quarter of the Northeast Quarter of Section 3, Township 102 North, Range 45 West, shown as Parcel 57 on Minnesota Department of Transportation Right of Way Plat Numbered 67-10 as the same is on file and of record in the office of the County Recorder in and for Rock County, Minnesota;
containing 26708 square feet, more or less, of which 21107 square feet is encumbered by an existing highway easement;
together with other rights as set forth below, forming and being part of said Parcel 57:
Temporary Easement:
A temporary easement for highway purposes as shown on said plat as to said Parcel 57 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;
excepting therefrom the existing sign situate thereon.
Names of parties interested in the above-described land and nature of interest:
Unknown successors in interest to Right Reverend
Thomas L. Grace, deceased Fee
Church of St. Catherine of Luverne, also known as Claimant of Fee
St. Catherine Catholic Church
Unknown heirs of Mary E. Hadley, deceased Claimant of an Interest
Unknown heirs of E.D. Hadley, deceased
City of Luverne Easement
County of Rock Taxes
FEE ACQUISITION
Parcel 60 C.S. 6705 (75=6-57-2)
S.P. 6705-50RW
All of the following:
That part of Government Lot 1 (also known as the Northeast Quarter of the Northeast Quarter), Section 3, Township 102 North, Range 45 West, shown as Parcel 60 on Minnesota Department of Transportation Right of Way Plat Numbered 67-11 as the same is on file and of record in the office of the County Recorder in and for Rock County, Minnesota;
containing 0.30 acre, more or less, of which 0.20 acre is encumbered by an existing highway easement.
Names of parties interested in the above-described land and nature of interest:
Jerome H. Deuschle Fee
Kathleen M. Deuschle
Global Equity Finance, Inc. Mortgage
Mortgage Electronic Registration Systems, Inc.
Dean A. Luethje Easement
Debra J. Luethje
Ingrid Gonzales Lessee
County of Rock Taxes
FEE ACQUISITION
Parcel 201 C.S. 6705 (75=6-57-2)
S.P. 6705-50RW
All of the following:
That part of the Northeast Quarter of the Southeast Quarter of Section 3, Township 102 North, Range 45 West, shown as Parcel 201 on Minnesota Department of Transportation Right of Way Plat Numbered 67-09 as the same is on file and of record in the office of the County Recorder in and for Rock County, Minnesota;
containing 89148 square feet, more or less, which is encumbered in its entirety by an existing highway easement;
together with other rights as set forth below, forming and being part of said Parcel 201:
Temporary Easement:
A temporary easement for highway purposes as shown on said plat as to said Parcel 201 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:
Unknown heirs of George W Edmonds, deceased Fee
County of Rock Taxes
FEE ACQUISITION
Parcel 208 C.S. 6705 (75=6-57-2)
S.P. 6705-50RW
All of the following:
That part of Outlot 1, COUNTY AUDITOR’S PLAT OF LUVERNE OUTLOTS, and Lot 1, Block 13, BARCK, ADAMS AND HOWE’S ADDITION TO THE VILLAGE OF LUVERNE, shown as Parcel 208 on Minnesota Department of Transportation Right of Way Plats Numbered 67-08 and 67-09 as the same are on file and of record in the office of the County Recorder in and for Rock County, Minnesota;
together with other rights as set forth below, forming and being part of said Parcel 208:
Temporary Easement:
A temporary easement for highway purposes as shown on said plats 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.
Names of parties interested in the above-described land and nature of interest:
Hartquist Properties LLC Fee
Security Savings Bank Luverne, an unregistered entity Mortgage
County of Rock Taxes
Lexi Hodgkins Occupant
Hartquist Funeral Homes & Cremation Service, Inc. Occupant
FEE ACQUISITION
Parcel 212 C.S. 6705 (75=6-57-2)
S.P. 6705-50RW
All of the following:
That part of Lot 12, Block 1, AUDITOR’S PLAT NO. 2 IN THE S.W.1/4, SEC. 2, T. 102 N., R. 45 W, shown as Parcel 212 on Minnesota Department of Transportation Right of Way Plat Numbered 67-08 as the same is on file and of record in the office of the County Recorder in and for Rock County, Minnesota;
together with other rights as set forth below, forming and being part of said Parcel 212:
Temporary Easement:
A temporary easement for highway purposes as shown on said plat 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:
Alan G. Altman and Jacqueline H. Altman, as trustees of the Fee
Altman Living Trust, dated December 12, 2016,
and any amendments thereto
Mortgage Electronic Registration Systems, Inc. Mortgage
First PREMIER Bank
County of Rock 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: April 15, 2025 KEITH ELLISON
Attorney General
State of Minnesota
/s/Mathew Ferche
MATHEW FERCHE
Assistant Attorney General
Atty. Reg. No. 0391282
445 Minnesota Street, Suite 1400
St. Paul, MN 55101-2134
651-757-1457 (Voice)
651-282-2525 (TTY)
ATTORNEY FOR PETITIONER
101035
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: April 15, 2025 KEITH ELLISON
Attorney General
State of Minnesota
/s/Mathew Ferche
MATHEW FERCHE
Assistant Attorney General
Atty. Reg. No. 0391282
445 Minnesota Street, Suite 1400
St. Paul, MN 55101-2134
651-757-1457 (Voice)
651-282-2525 (TTY)
ATTORNEY FOR PETITIONER
(06-19, 06-26, 07-03)
