State Ex Rel. Humphrey v. Jim Lupient Oldsmobile Co.

509 N.W.2d 361, 1993 Minn. LEXIS 798, 1993 WL 521079
CourtSupreme Court of Minnesota
DecidedDecember 17, 1993
DocketC4-92-1190
StatusPublished
Cited by9 cases

This text of 509 N.W.2d 361 (State Ex Rel. Humphrey v. Jim Lupient Oldsmobile Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State Ex Rel. Humphrey v. Jim Lupient Oldsmobile Co., 509 N.W.2d 361, 1993 Minn. LEXIS 798, 1993 WL 521079 (Mich. 1993).

Opinions

KEITH, Chief Justice.

In this case, we are asked to clarify the standards to be used by a trial court in determining what interest rate provides just compensation to landowners in condemnation proceedings. We reverse and remand.

The state commenced this action to acquire by eminent domain certain property owned by Respondent James W. Lupient as part of a project to upgrade Highway 12 in Golden Valley, Minnesota. On October 17, 1988, the state acquired title and right of possession to this property and deposited its appraised amount of damages in the sum of $73,960 with the Hennepin County District Court Administrator. On February 6, 1992, three court-appointed commissioners, after hearings in August of 1991, awarded damages of $172,384 for this taking. Neither party appealed the commissioners’ award. Both parties anticipated that the state would owe yearly interest as part of just compensation on the difference between the amount paid by the state since the taking and the commissioners’ award.

On April 6, 1992, the state deposited its final payment with the trial court which amount included simple interest computed at the rate set by Minn.Stat. § 117.195 and § 549.09 (1992). The interest rates paid by the state averaged seven percent per year.1 Lupient then filed a motion requesting that the district court order the state to pay interest at the rate of 13.2 percent per year. This rate was based on the amount earned during this period by a pension and profit sharing trust for employees of various Lu-pient companies known as the Harold Chevrolet Pension Trust. This trust was managed by Investment Advisors, Inc. of Minneapolis and earned an average yearly return of 13.2.2 Lupient also argued that the prime interest rates during this period were ten percent and he was required to pay one percent over prime to obtain operating revenues for his businesses and, this too, indicated that a higher interest rate than seven percent was required.

The state opposed Lupient’s motion, asserting that the yearly rates based on the secondary market yield of one-year Treasury Bills provided by Minn.Stat. §§ 117.195 and 549.09 afforded just compensation and reflected a reasonable return on prudent investments with a guaranteed protection of principal. The state further argued that Lu-pient had not met his burden of proving that 13.2 percent per year interest represented a no-risk rate of return consistent with reasonable and prudent investments. On May 1, 1992, after submission of affidavit and depositions, the trial court held a hearing in chambers on this issue and on May 13, 1992, [363]*363filed an order directing the state to pay interest at the rate of 13.2 percent per year.' The trial court did not issue findings of fact, conclusions or a memorandum of law.

The court of appeals affirmed the district court’s award of 13.2 percent per year interest noting:

The proper inquiry is: what return would have been available to the landowner had he been paid in money the value of the property at the time of the taking and had made reasonable and prudent investments? Had Lupient been paid at the time the State took possession, he could have put his money at reasonable and prudent risk. There is no reason to limit him to a “risk-free” return because the operational assumption is that he has received his principal and could have put it to work.

State by Humphrey v. Jim Lupient Oldsmobile Co., 1993 WL 44202 at *5 (Minn.App.1993) (citations omitted).

We granted review to clarify the standard by which a trial court should determine the interest rate in condemnation cases.

This court first dealt with this issue in 1981, in the case of State by Spannaus v. Carney, 309 N.W.2d 775 (Minn.1981). In that appeal, the appellants contended that the statutory interest rate of six percent provided by Minn.Stat. § 334.01, subd. 1 (1980) did not satisfy the requirements of just compensation guaranteed by Minn. Const, art. 1, § 13. Id. at 776. The court found that the determination of the rate of interest on condemnation awards is a judicial decision. Id. The court remanded the case to the trial court to resolve the issue of whether interest of six percent satisfied the requirements of just compensation. Id. The court stated that the trial court must determine the rate of interest required to give the landowner “the market value of the property at the time of taking contemporaneously paid in money.” Id. The court went on to hold that the landowner is entitled to that return which would have been available if the landowner had been timely paid and had made reasonable and prudent investments. Id. The rate of return which satisfies the requirement of just compensation, the court held, may be more, less, or equal to the return allowed by statute. Id. Courts in other jurisdictions have similarly held that they are not bound by a statute setting an interest rate in condemnation cases and have remanded for a determination of whether the statutory rate provides just compensation. See United States v. 50.50 Acres of Land, 931 F.2d 1349, 1355 (9th Cir.1991) (holding trial court erred in failing to find a flexible statutory rate based on rates of one-year Treasury Bill was “unreasonable” before entering judgment for interest at a rate other than that set by statute).

In 1984, the Minnesota legislature set forth the present procedure used to determine interest rates in condemnation actions. These statutes set a flexible interest rate based on the secondary market yield of one-year United States Treasury Bills. Minn.Stat. §§ 117.195 and 549.09 (1992). The question then becomes, what weight, if any, should the trial court give to the statutory rate.'

We have occasionally permitted a statute to stand as a matter of comity, even where the legislature has encroached somewhat upon a judicial function, so long as the statute does not conflict with this court’s inherent authority to make the final decision. See Sharood v. Hatfield, 296 Minn. 416, 424-25, 210 N.W.2d 275, 278-80 (1973) (noting that the court has “acquiesced in legislative acts prescribing administrative procedures for admission and discipline of attorneys as long as such acts do not usurp the right of the Court to make the final decision.”) See also Maynard E. Pirsig and Randall M. Tietjen, Court Procedure and the Separation of Powers in Minnesota* 15 Wm. Mitohell L.Rev. 141,182 (1989). In this case, because we have not set out guidelines by which trial courts may determine interest rates in condemnation actions, we believe that, as a matter of comity, the statutory interest rate should be weighed by the trial court as evidence of an appropriate rate.

We believe that a reasonable rate is what a reasonable and prudent investor would earn while investing so as to maximize the rate of return over the relevant period of time, yet guarantee safety of principal. This definition is consistent with definitions articu[364]*364lated in other jurisdictions. See United States v. 50.50 Acres of Land, 931 F.2d 1349

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State Ex Rel. Humphrey v. Jim Lupient Oldsmobile Co.
509 N.W.2d 361 (Supreme Court of Minnesota, 1993)

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Bluebook (online)
509 N.W.2d 361, 1993 Minn. LEXIS 798, 1993 WL 521079, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-humphrey-v-jim-lupient-oldsmobile-co-minn-1993.