|
S.F. No. 2750, 4th Engrossment - 84th Legislative Session (2005-2006) Page 5 of 10
<br /> 7.24 Subd. 2 . Notice. (a) Notice of the objects of the petition and of the t
<br /> .......... _...
<br /> 7.25 presenting the same shall be served at least 20 days before such time of pi
<br /> 7.26 all persons named in the petition as owners as defined in section 117.025,
<br /> 7.27 and upon all occupants of such land in the same manner as a summons in a ci
<br /> 7.28 (b) The notice must state that:
<br /> - --
<br /> 7.29 (1) a party wishing to challenge the public use or public purpose, necessit
<br /> 7.30 authority for a taking must appear at the court hearing and state the objec
<br /> 7.31 appeal within 60 days of a court order; and
<br /> 7.32 (2) a court order approving the public use or public purpose, necessity, ar.
<br /> 7.33 for the taking is final unless an appeal is brought within 60 days after se
<br /> - -- - -- .....--._.__-- - ___. __ .
<br /> 7.34 order on the party.
<br /> 8.1 (c) If any such owner be not a resident of the state, or the owner's place
<br /> 8.2 be unknown to the petitioner, upon the filing of an affidavit of the petiti
<br /> 8.3 petitioner's agent or attorney, stating that the petitioner believes that
<br /> 8.4 a resident of the state, and that the petitioner has mailed a copy of the r.
<br /> 8.5 owner at the owner's place of residence, or that after diligent inquiry the
<br /> 8.6 of residence cannot be ascertained by the affiant, then service may be made
<br /> 8.7 owner by three weeks' published notice. If the state be an owner, the notic
<br /> 8.8 served upon the attorney general. Any owner not served as herein provided a
<br /> 8.9 bound by such proceeding except upon voluntarily appearing therein. Any owr.
<br /> 8.10 be furnished a right-of-way map or plat of all that part of land to be take
<br /> 8.11 demand, provided that the petitioner shall have ten days from the receipt c
<br /> 8.12 within which to furnish the same. Any plans or profiles which the petitione
<br /> 8.13 made available to the owner for inspection.
<br /> 8.14 Sec. 7. Minnesota Statutes 2004, section 117.075, subdivision 1, is ame
<br /> 8.15 Subdivision 1. Hearing on taking; evidentiary standard. (a) Upon proof
<br /> 8.16 filed of the service of such notice, the court, at the time and place there
<br /> 8.17 the hearing may be adjourned, shall hear all competent evidence offered for
<br /> 8.18 granting of the petition, regulating the order of proof as it may deem best
<br /> 8.19 (b) If the taki� is for the mitigation of a blighted area, remediation of
<br /> --- ----... - ....._.... - -- .............--
<br /> 8.20 environmentally contaminated area, reducing abandoned property, or removinc
<br /> 8.21 public nuisance, then, notwithstanding and other provision of general or
<br /> - -
<br /> 8.22 condemning authority must show the district court by preponderance of the e
<br /> 8.23 the taking is necessary and for the designated public use.
<br /> 8.24 (c) _ACourt order approving the _public use or_public purpose, n.ecessity _.. ar.
<br /> 8.25 for the taking is final unless an appeal is brought within 60 days after se
<br /> 8.26 order on the party.
<br /> 8.27 Sec. 8. Minnesota Statutes 2004, section 117.075, is amended by adding
<br /> 8.28 to read:
<br /> 8.29 Subd. lb. Attorney fees. If the court determines that a taking is not f
<br /> 8.30 or publicRurp se or is unlawful, the court shall award the owner reasonabl
<br /> - ......... ....-- --- ----- .-_ -- ........---
<br /> 8.31 and other related expenses, fees, and costs.
<br /> 8.32 Sec. 9. Minnesota Statutes 2004, section 117.085, is amended to read:
<br /> 8.33 117.085 COMMISSIONERS, POWERS, DUTIES.
<br /> 9.1 The commissioners, having been duly sworn and qualified according to law, s
<br /> 9.2 meet as directed by the order of appointment and hear the allegations and �
<br /> 9.3 persons interested touching the matters to them committed. They may adjourr.
<br /> 9.4 to time and from place to place within the county, giving oral notice to th
<br /> 9.5 the time and place of their next meeting. All testimony taken by them shall
<br /> 9.6 publicly, under oath, and in their presence. They shall view the premises,
<br /> 9.7 them may subpoena witnesses, which shall be served as subpoenas in civil ac
<br /> 9.8 served, and at the cost of the parties applying therefor. If deemed necessa
<br /> 9.9 require the petitioner or owner to furnish for their use maps, plats, and c
<br /> 9.10 which the petitioner or owner may have showing the nature, character, and e
<br /> 9.11 proposed undertaking and the situation of lands desired therefor. In proper
<br /> 9.12 reserve to the owner a right-of-way or other privilege in or over the land
<br /> 9.13 reasonable conditions to such taking in addition to the damages given or tt
<br /> ffle://C:\Documents%20and%20Settings\julie.bartell\Local%20Settings\Temporary%20Inte... 4/5/2006
<br />
|