M.I.C. Limited - Page 20

                                       - 20 -                                         
          forced to condemn the Flick, it is indisputable that the City               
          would have had to pay fair market value for the property.  See              
          Ramsey County v. Miller, 316 N.W.2d 917 (Minn. 1982); see also              
          State v. Holmberg, 384 N.W.2d 214, 216 (Minn. Ct. App. 1986).  We           
          do not see why the City would have had to pay any more or less              
          for the Flick simply because Alexander sold the Flick to the City           
          through a negotiated sale.                                                  
               We can think of no good reason why the selling price of the            
          Flick is not a good measure of the fair market value of the                 
          Property.  But for its size and appearance, we find that the                
          Flick was similar in most regards to the Faust.  Although it is             
          true that the actual purchase price of the Flick did not reflect            
          a premium value for advantageous zoning, it is equally true that            
          Alexander and the City contemplated the possibility that the                
          Flick's value would increase on account of the passage of zoning            
          that was favorable to the Flick's owners.  The option provides              
          that the purchase price of the Flick will increase to $750,000,             
          if the City enacts ordinances that would otherwise have given the           
          property on which the Flick was situated a form of monopoly.                
               The Property, as recognized by both experts, enjoyed a form            
          of monopoly at the time of its condemnation on account of its               
          grandfathered status.  Assuming that the Flick had similar status           
          and that the City had been required to pay $750,000 for the                 
          Flick, we calculate that the City would have paid $76.844 for               
          each square foot of the Flick.  Given this rate, as well as the             




Page:  Previous  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  Next

Last modified: May 25, 2011