MN utility condemnation, buy the farm statute

Minnesota case law summary by Attorney Richard Clem: MN utility condemnation, buy the farm statute.

Great River Energy, et al., v. David D. Swedzinski, et al.. MN utility condemnation, buy the farm statute

The Minnesota "Buy the Farm" statute, Minn. Stat. 216E.12 requires, under certain circumstances, that a utility condemning a utility line to purchase the entire commercially viable parcel, rather than merely the land used for the power line. In this appeal, the Minnesota Supreme Court held that when landowners elected to compel public utilities to purchase their entire parcel, the district court did not err in limiting its analysis of the election to the requirements of the statute.

No. A13-1474 (Minn. Mar. 4, 2015)

Please see the original opinion for the court's exact language.


Richard P. Clem is an attorney and continuing legal education (CLE) provider in Minnesota. He has been in private practice in the Twin Cities for 25 years. He has a J.D., cum laude, from Hamline University School of Law in St. Paul and a B.A. in History from the University of Minnesota. His reported cases include: Asociacion Nacional de Pescadores a Pequena Escala o Artesanales de Colombia v. Dow Quimica de Colombia, 988 F.2d 559, rehearing denied, 5 F.3d 530 (5th Cir. 1993), cert. denied, 510 U.S. 1041 (1994); LaMott v. Apple Valley Health Care Center, 465 N.W.2d 585 (Minn. Ct. App. 1991); Abo el Ela v. State, 468 N.W.2d 580 (Minn. Ct. App. 1991).

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