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STATE BY SPANNAUS v. HEIMER

No. C8-85-2338.

393 N.W.2d 687 (1986)

STATE of Minnesota, by Warren SPANNAUS, its Attorney General, Petitioner, Respondent, v. Daniel HEIMER, et al., Lower Court Respondents, Burlington Northern Railroad Company, Appellant.

Court of Appeals of Minnesota.

Review Denied November 17, 1986.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., Lloyd J. Moosbrugger, Asst. Atty. Gen., St. Paul, Arthur O. Anselmo, Sp. Asst. Atty. Gen., Dept. of Transp. Duluth, for respondent.

Thomas R. Thibodeau, Joseph J. Roby, Jr., Johnson, Killen, Thibodeau, Seiler, P.A., Duluth, for appellant.

Heard, considered, and decided by POPOVICH, C.J., and LANSING and RANDALL, JJ.

OPINION

RANDALL, Judge.

This is an appeal from an eminent domain proceeding. The only contested issue at trial was whether appellant, Burlington Northern Railroad (Burlington), received just compensation for a parcel of land condemned by the State in 1982 for use in extending Interstate Highway 35. The parcel is located in downtown Duluth.

In 1984, a panel of three court-appointed commissioners valued the parcel, approximately 32 acres, at $3,400...

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