Must Wetland Conservation Act and Endangered Species Act permits be obtained before a project meets the “attainable purpose” requirement for granting a condemnation petition?

State of Minnesota v. Zander (Minn. App. A04-496) (December 14, 2004) (unpublished).

The law states that a petition to condemn land for a public purpose may not be granted if the purpose cannot be attained. A landowner argued that therefore, the District Court wrongly granted the petition of the Minnesota Department of Transportation to take his property before MnDOT obtained permits under the Wetland Conservation and Endangered Species Acts. The Court of Appeals found that while the Minnesota Supreme Court, in County of Freeborn v. Bryson, ruled that eminent domain could be enjoined pending a determination of compliance with the Minnesota Environmental Rights Act, the WCA and ESA had not been given the same status. The Court further found that the District Court properly examined the likelihood of a successful WCA or ESA challenge in granting MnDOT’s condemnation petition, and did not have to stay proceedings while the administrative agencies performed that review.

Full text of ruling

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