Condemnation proceeding

Condemnation proceeding

STATE OF MINNESOTA DISTRICT COURT

COUNTY OF ROCK FIFTH JUDICIAL DISTRICT

Case Type: Condemnation

Court File No.: 67-CV-25-120

State of Minnesota, by its Commissioner of Transportation,

Petitioner

Rebecca L Gutierrez, 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 1:45 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.

Rebecca L Gutierrez, also known as Rebecca L Guterrez, County of Rock, Frederick J Kortlever, Lynette Kay Gundrum, Mary Ann Kortlever, Minnwest Bank, successor to Minnwest Bank Sioux Falls, AAA Collections Midwest, Inc., Harold Van Wyhe, Antonia Jean Van Wyhe, Max Brent Power, Lakeview Loan Servicing, LLC, United States of America Department of Housing and Urban Development, LVNV Funding LLC, Daniel E. Dingmann, Monica E. Dingmann, Dingmann Funeral Home, LLC, an unregistered entity, Dingmann & Sons, Inc., doing business as Dingmann Funeral Care Burial & Cremation Services, Thomas Lanoue, Sara L. Gustafson-Lanoue, Minnwest Bank, Luella Gustafson, Rebecca Gutierrez, Mortgage Electronic Registration Systems, Inc., 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:

That Trunk Highway Legislative Route numbered 6, which has been renumbered 75, and which 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 100765 and 100742.

II.

That the Commissioner of Transportation deems it necessary that the State of Minnesota for trunk highway purposes obtain a temporary easement in the lands herein described.

With reference to Parcel 24, there appears a mortgage executed by Max Brent Power of Rock County, Minnesota, as mortgagors to the United States of America, acting through the United States Department of Housing and Urban Development, mortgagee, and filed in the office of the County Recorder in Rock County, Minnesota, as follows: Dated Date Filed Document No.

November 15, 2021 February 7, 2022 201912

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:

Parcel 17 C.S. 6705 (75=6-57-2)

S.P. 6705-50RW

All of the following:

A temporary easement for highway purposes in that part of Lots 16 and 17, Block 7, WARREN AND KNISS' ADDITION TO THE VILLAGE OF LUVERNE, shown as Parcel 17 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, 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:

Rebecca L Gutierrez, also known as Rebecca L Guterrez Fee

County of Rock Taxes

Parcel 18 C.S. 6705 (75=6-57-2)

S.P. 6705-50RW

All of the following:

A temporary easement for highway purposes in that part of Lot 15, Block 7, WARREN AND KNISS' ADDITION TO THE VILLAGE OF LUVERNE, shown as Parcel 18 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, 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:

Frederick J Kortlever Fee

Lynette Kay Gundrum

Mary Ann Kortlever Spouse

Minnwest Bank, successor to Minnwest Bank Sioux Falls Mortgage

AAA Collections Midwest, Inc. Judgment

County of Rock Taxes

Parcel 20 C.S. 6705 (75=6-57-2)

S.P. 6705-50RW

All of the following:

A temporary easement for highway purposes in that part of Lots 1, 3 and 4, AUDITOR’S PLAT OF SUB DIVISION OF LOT ONE, BLK FOUR, P.J. KNISS ADDITION OF LUVERNE, shown as Parcel 20 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, 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:

Harold Van Wyhe Fee

Antonia Jean Van Wyhe

County of Rock Taxes

Parcel 24 C.S. 6705 (75=6-57-2)

S.P. 6705-50RW

All of the following:

A temporary easement for highway purposes in that part of Lots 10 and 11, Block 1, PJ KNISS' ADDITION TO LUVERNE, shown as Parcel 24 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, 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:

Max Brent Power Fee

Lakeview Loan Servicing, LLC Mortgage

United States of America Mortgage

Department of Housing and Urban Development

LVNV Funding LLC Judgment

County of Rock Taxes and Special Assessments

Parcel 35 C.S. 6705 (75=6-57-2)

S.P. 6705-50RW

All of the following:

A temporary easement for highway purposes in that part of Lots 2 and 3, Block 19, WARREN AND KNISS’ SECOND ADDITION TO LUVERNE, shown as Parcel 35 on Minnesota Department of Transportation Right of Way Plat Numbered 67-07 as the same is on file and of record in the office of the County Recorder in and for Rock County, Minnesota, 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:

Daniel E. Dingmann Fee

Monica E. Dingmann

Dingmann Funeral Home, LLC, an unregistered entity Mortgage

County of Rock Taxes

Dingmann & Sons, Inc., doing business as Dingmann Occupant

Funeral Care Burial & Cremation Services

Parcel 40 C.S. 6705 (75=6-57-2)

S.P. 6705-50RW

All of the following:

A temporary easement for highway purposes in that part of Lot 2, Block 20, WARREN AND KNISS’ SECOND ADDITION TO LUVERNE, shown as Parcel 40 on Minnesota Department of Transportation Right of Way Plat Numbered 67-07 as the same is on file and of record in the office of the County Recorder in and for Rock County, Minnesota, 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 Lanoue Fee

Sara L. Gustafson-Lanoue

Minnwest Bank Mortgage

Luella Gustafson Lessee

County of Rock Taxes and Special Assessments

Parcel 44 C.S. 6705 (75=6-57-2)

S.P. 6705-50RW

All of the following:

A temporary easement for highway purposes in that part of Lot 1, Block 1, CHARLES O. HAWES’S ADDITION TO THE VILLAGE OF LUVERNE, MINNESOTA, shown as Parcel 44 on Minnesota Department of Transportation Right of Way Plat Numbered 67-07 as the same is on file and of record in the office of the County Recorder in and for Rock County, Minnesota, 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:

Rebecca Gutierrez Fee

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, Minnesota 55101-2134

651-757-1457 (Voice)

651-297-4077 (Fax)

mathew.ferche@ag.state.mn.us

ATTORNEY FOR PETITIONER

101036

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, Minnesota 55101-2134

651-757-1457 (Voice)

651-297-4077 (Fax)

mathew.ferche@ag.state.mn.us