STATE OF MINNESOTA COUNTY OF MOWER
IN DISTRICT COURT THIRD JUDICIAL DISTRICT
Case Type: Condemnation

Court File No.: 50-CV-23-1992
State of Minnesota, by its Commissioner of Transportation, Petitioner, vs. Siddhi Vinayak Inc., doing business as Rodeway Inn & Suites, 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 February 5, 2024, at 9:30 a.m., or as soon thereafter as counsel can be heard, before Judge Natalie Martinez, in the Courthouse at Austin, Mower 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 Mower 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 160 767 6493 and the Meeting Password is 586512. 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 March 11, 2024.
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 MARCH 11, 2024. All advertising signs or devices located in the area being acquired must be removed by March 11, 2024.
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: October 24, 2023 KEITH ELISON
Attorney General
State of Minnesota
s/Erik Johnson
ERIK JOHNSON
Assistant Attorney General
Atty. Reg. No. 0247522
445 Minnesota Street, Suite 1400
St. Paul, MN 55101-2134
(651) 757-1476 (Voice)
(651) 282-2525(TTY)

ATTORNEY FOR PETITIONER
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF MOWER THIRD JUDICIAL DISTRICT
Case Type: Condemnation

State of Minnesota, by its Commissioner of Transportation, Petitioner, vs. Siddhi Vinayak Inc., doing business as Rodeway Inn & Suites, Unknown heirs of Carl Baudler, deceased, Unknown heirs of Alvin Baudler, deceased, Unknown heirs of Otto Baudler, deceased, County of Mower, Austin Cemetery Association, Arcadian Bank, successor in interest by corporate merger, consolidation, amendment, or conversion to Farmers State Bank of Hartland, 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:
I.
That Trunk Highway Legislative Route numbered 390, which has been renumbered 90, and which has been located according to law and designated as a controlled access highway, passes over the lands herein described.
That it is duly covered by Right of Way Plat Orders numbered 100160 and 100161; Designation Order numbered 35302; Center Line Order numbered 27637; Width Orders numbered 66493 and 82118; and Access Orders numbered 66494 and 82119.
II.
That the Commissioner of Transportation deems it necessary that the State of Minnesota for trunk highway purposes obtain the lands herein described in fee simple absolute, together with the following rights:
to acquire all trees, shrubs, grass and herbage within the right of way herein to be taken, and to keep and have the exclusive control of the same; to acquire from the owners whose lands front thereon any existing right of access to said highway in those cases which are herein particularly mentioned, and to keep and have the exclusive control of all access to said highway in accordance with the law governing controlled access highways; to acquire a temporary easement in those cases which are herein particularly mentioned.
It is the intention of the above-named Petitioner to move the court for an order authorizing the Court Administrator to accept and deposit payments, in an interest-bearing account, from the Petitioner to the court pursuant to Minn. Stat. § 117.042.
Further, it is the intention of the above-named Petitioner to move 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, it is the intention of the above-named Petitioner to move 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 Mower 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:
FEE ACQUISITION
Parcel 316G C.S. 5080 (90=391) 901
S.P. 5080-170RW
All of the following:
That part of the Northeast Quarter of the Southwest Quarter and the Northwest Quarter of the Southeast Quarter of Section 34, Township 103 North, Range 18 West, shown as Parcel 316G on Minnesota Department of Transportation Right of Way Plat Numbered 50-07 as the same is on file and of record in the office of the County Recorder in and for Mower County, Minnesota; containing 10.54 acres, more or less, which is encumbered in its entirety by an existing highway easement; together with other rights as set forth below, forming and being part of said Parcel 316G:
Access:
All right of access as shown on said plat by the access control symbol(s).
together with that part of Tract A described below:
Tract A. The North Half of the Southeast Quarter of Section 34, Township 103 North, Range 18 West, Mower County, Minnesota; except the east 20 rods of the north 44 rods, the north 174 feet 9 inches of the west 899 feet, and the west 25 rods of the south 29 rods thereof;
which lies within a distance of 69 feet southerly and 131 feet northerly of Line 1 described below:
Line 1. Beginning at a point on the west line of said Section 34, distant 2358.94 feet north of the southwest corner thereof; thence run easterly to a point on the east line of said Section 34, distant 2382.95 feet north of the southeast corner thereof and there terminating; excepting therefrom all that part of the west 899 feet of the North Half of the Southeast Quarter of said
Section 34, lying northerly of the following described line: Beginning at a point on the north and south quarter line of said Section 34, distant 105 feet north of its intersection with Line 1 described above; thence run easterly to a point on the east line of the west 899 feet of said North Half of the Southeast Quarter, distant 103 feet north of its intersection with said Line 1 and there terminating; also together with that part of Tract B described below:
Tract B. The Northwest Quarter of the Southwest Quarter of Section 34, Township 103 North, Range 18 West, Mower County, Minnesota; except the south 56 rods thereof; which lies within a distance of 62 feet northerly and 85 feet southerly of Line 1 described below:
Line 1. Beginning at a point on the west line of said Section 34, distant 2426.51 feet north of the southwest corner thereof; thence run easterly at an angle of 90 degrees 53 minutes 15 seconds from said west section line (measured from south to east) for 1570.5 feet and there terminating;
together with that part of Tract B hereinbefore described, adjoining and southerly of the above described strip, which lies northwesterly of Line 2 described below:
Line 2. Beginning at the point of termination of Line 3 described below; thence southeasterly at a right angle from said Line 3 for 85 feet to the point of beginning of Line 2 to be described; thence northeasterly to a point distant 85 feet southerly (measured at right angles) of a point on Line 1 described above, distant 19.94 feet easterly of its point of beginning and there terminating;
Line 3. Beginning at a point on the west line of said Section 34, distant 2426.51 feet north of the southwest corner thereof; thence run westerly at an angle of 90 degrees 53 minutes 15 seconds from said west section line (measured from north to west) for 987.56 feet; thence deflect to the left at an angle of 90 degrees 00 minutes 00 seconds for 350 feet; thence deflect to the left at an angle of 110 degrees 00 minutes 00 seconds for 787.27 feet and there terminating;
containing 8.92 acres, more or less, which is encumbered in its entirety by an existing highway easement;
together with all right of access control, being the right of ingress to and egress from that part of Tracts A and B hereinbefore described, not acquired herein, to Trunk Highway No. 90.
Names of parties interested in the above-described land and nature of interest:
Unknown heirs of Carl Baudler, deceased Fee
Unknown heirs of Alvin Baudler, deceased Fee
Unknown heirs of Otto Baudler, deceased Fee
County of Mower Taxes
FEE ACQUISITION
Parcel 316Z C.S. 5080 (90=391) 901
S.P. 5080-170RW
All of the following:
That part of the Southwest Quarter of the Northeast Quarter of Section 34, Township 103 North, Range 18 West, shown as Parcel 316Z on Minnesota Department of Transportation Right of Way Plat Numbered 50-07 as the same is on file and of record in the office of the County Recorder in and for Mower County, Minnesota; containing 1015 square feet, more or less; together with other rights as set forth below, forming and being part of said Parcel 316Z:
Access:
All right of access as shown on said plat by the access control symbol(s).
Names of parties interested in the above-described land and nature of interest:
Unknown heirs of Otto Baudler, deceased Fee
Unknown heirs of Alvin Baudler, deceased Fee
Unknown heirs of Carl Baudler, deceased Fee
Austin Cemetery Association Claimant of an Interest
County of Mower Taxes
FEE ACQUISITION
Parcel 374 C.S. 5080 (90=391) 901
S.P. 5080-170RW
All of the following:
That part of Outlots 221, 222, 223 and 224, DECKER ACRES, shown as Parcel 374 on Minnesota Department of Transportation Right of Way Plat Numbered 50-06 as the same is on file and of record in the office of the County Recorder in and for Mower County, Minnesota; containing 1385 square feet, more or less;
together with other rights as set forth below, forming and being part of said Parcel 374:
Access:
All right of access as shown on said plat by the access control symbol(s).
Temporary Easement:
A temporary easement for highway purposes as shown on said plat as to said Parcel 374 by the temporary easement symbol, said easement shall cease on December 1, 2027, 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 building situate thereon.
Names of parties interested in the above-described land and nature of interest:
Siddhi Vinayak Inc., doing business as Rodeway Inn & Suites Fee
Arcadian Bank, successor in interest by corporate merger, consolidation, amendment, or conversion to Farmers State Bank of Hartland Mortgage
County of Mower Taxes and Special Assessments
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: October 13, 2023 KEITH ELLISON
Attorney General
State of Minnesota
s/Erik M. Johnson
ERIK M. JOHNSON
Assistant Attorney General
Atty. Reg. No. 0247522
445 Minnesota Street, Suite 1800
St. Paul, Minnesota 55101-2134
(651) 757-1476 (Voice)
(651) 297-1235 (Fax)
erik.johnson@ag.state.mn.us
ATTORNEY FOR PETITIONER
100952
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: October 13, 2023
KEITH ELLISON
Attorney General
State of Minnesota
s/Erik M. Johnson
ERIK M. JOHNSON
Assistant Attorney General
Atty. Reg. No. 0247522
445 Minnesota Street, Suite 1800
St. Paul, Minnesota 55101-2134
(651) 757-1476 (Voice)
(651) 297-1235 (Fax)
erik.johnson@ag.state.mn.us
ATTORNEY FOR PETITIONER