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MORTENSON v. STATE

No. CX-89-485.

446 N.W.2d 674 (1989)

Victoria MORTENSON and Lawrence E. Mortenson, Trustees of the Victoria Mortenson Trust dated August 8, 1979, and Lawrence E. Mortenson and Victoria Mortenson, Trustees of the Lawrence E. Mortenson Trust dated August 8, 1979, Respondents, v. STATE of Minnesota, et al., Petitioners.

Court of Appeals of Minnesota.

October 17, 1989.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., David L. Phillips, Spec. Asst. Atty. Gen., St. Paul, for petitioners.

Patrick A. Farrell, Grannis, Grannis, Farrell & Knutson, South St. Paul, for respondents.

Heard, considered and decided by WOZNIAK, C.J., and HUSPENI and RANDALL, JJ.

OPINION

RANDALL, Judge.

Petitioner State of Minnesota challenges the trial court's decision to order a jury trial to establish the appraised current market value of an easement the Commission of Transportation seeks to convey to the owner of the underlying fee. Because Minn.Stat. § 161.43 neither expressly nor impliedly requires a jury trial to determine appraised current market value, we reverse.

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