The city of Rochester has turned to the courts to obtain temporary and permanent access to properties needed to build its planned rapid-transit project.
"It is necessary and for public purpose to acquire permanent and temporary easements over portions of certain real properties located in the city of Rochester," states one of two condemnation petitions filed in Olmsted County District Court on Monday.
The city's petitions — one seeking temporary and permanent easements from properties along a proposed 2.9-mile dedicated transit route and another seeking the property at 1223 Second St. SW, which is the proposed site of a key transit stop near Saint Marys Hospital — point to a need for access to create the downtown system that will feature dedicated bus lanes.
Dubbed Link Rapid Transit, the planned $143.4 million project will link new development planned for Mayo Clinic's west shuttle lot along Second Street Southwest with proposed development planned for the former AMPI property near the intersection of Third Avenue Southeast and Sixth Street.
The system is expected to feature frequent stops at dedicated stations with no fare required under a contract for operational funding of the public system from Mayo Clinic .
The city is seeking a mix of easements, from temporary construction access to permanent sidewalk and utility access, from approximately 35 property owners, including portions of 10 Mayo Clinic-owned properties. The city is asking the court to rule that access to private property is required for the public transit project.
On Sept. 9, the Rochester City Council authorized city staff and hired consultants to seek the easements through negotiations, allowing for offers up to 15% of the value determined by hired real estate appraisers.
The council also authorized a settlement of up to $1,275,000 for the property at 1223 Second St. SW, which is owned by AAP Enterprises, Inc., and houses La Pasadita Mexican Restaurant.
If settlements for easements and the planned property purchase are not successful, the council authorized the use of eminent domain, which allows governments to take private property for public use.
The taking requires the court to determine that the properties are needed for the public project, and the process requires the city to pay for the properties or access.
The city's petitions request the transfer of properties by Dec. 23, but they also ask the court to assign three commissioners, as well as two alternates, to serve as disinterested parties in determining what the city will pay each property owner. The commissioners are expected to have up to a year to determine values.
In addition to property owners, the court filings also involve banks and businesses with potential claims related to the properties.
As of Tuesday afternoon, no responses to the city's petitions were available in court filings.
The Link Rapid Transit project, which is being funded by a mix of federal and Destination Medical Center funds, is expected to begin operations in November 2026, with construction starting next year.
Temporary easements being sought in the city's petition are requested to last until the end of 2027.
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