|
S.F. No. 2750, 4th Engrossment - 84th Legislative Session (2005-2006) Page 8 of 10
<br /> 12 .26 the right of first refusal.
<br /> 12 .27 Sec. 17. Minnesota Statutes 2004, section 117.51, is amended to read:
<br /> 12 .28 117.51 COOPERATION WITH FEDERAL AUTHORITIES.
<br /> 12 .29 In all acquisitions undertaken by any acquiring authority and in all volunt
<br /> 12 .30 rehabilitation carried out by a person pursuant to acquisition or as a cons
<br /> 12 .31 the acquiring authority shall cooperate to the fullest extent with federal
<br /> 12.32 agencies, and it shall take all necessary action in order to insure, to the
<br /> 12.33 possible, federal financial participation in any and all phases of acquisit
<br /> 12.34 provision of relocation assistance, services, payments and benefits to disc
<br /> 13.1
<br /> 13 .2 0 o e Qf
<br /> 13.3 Sec. 18. Minnesota Statutes 2004, section 117.52, subdivision 1, is ame
<br /> 13 .4 Subdivision 1. Lack of federal funding. In all acquisitions undertaken
<br /> 13 .5 acquiring authority and in all voluntary rehabilitation carried out by a pe
<br /> 13 .6 to acquisition or as a consequence thereof, in which, due to the lack of fe
<br /> 13 .7 participation, relocation assistance, services, payments and benefits under
<br /> 13 .8 Relocation Assistance and Real Property Acquisition Policies Act of 1970, L
<br /> 13.9 Code, title 42, sections 4601 to 4655, as amended by the Surface Transports
<br /> 13.10 Uniform Relocation Assistance Act of 1987, Statutes at Large, volume 101, F
<br /> 13.11 to 256 (1987) , are not available, the acquiring authority, as a cost of acc
<br /> 13.12 provide all relocation assistance, services, payments and benefits requirec
<br /> 13.13 Relocation Assistance and Real Property Acquisition Policies Act of 1970, a
<br /> 13.14 the Surface Transportation and Uniform Relocation Assistance Act of 1987, a
<br /> 13.15 regulations adopted pursuant thereto, and either (1) in effect as of _;;Aly 1
<br /> 13 .16 2006, or (2) becoming effective after "Iy 1, 1P January 1, 2006, followi
<br /> 13.17 hearing and comment. Comments received by an acquiring authority within 30
<br /> 13 .18 the public hearing must be reviewed and a written response provided to the
<br /> 13.19 organization who initiated the comment. The response and comments may be ac
<br /> 13.20 another public hearing by the acquiring authority before approval.
<br /> 13.21 Sec. 19. Minnesota Statutes 2004, section 117.52, is amended by adding
<br /> 13.22 to read:
<br /> 13.23 Subd. la. Reestablishment costs limit. For purposes of relocation benef
<br /> 13.24 the acquiring authority in accordance with this section, the provisions of
<br /> ----_ _ .. __ - ..............
<br /> 13 .25 Regulations, title 49, section 24.304, with respect to reimbursement of ree
<br /> 13 .26 expenses for nonresidential moves are applicable, except__that_the_acquirinc
<br /> 13.27 reimburse the displaced business for expenses actually incurred up to a may
<br /> 13 .28 $50,000.
<br /> 13.29 Sec. 20. Minnesota Statutes 2004, section 163.12, subdivision la, is an
<br /> 13 .30 Subd. la. Petition, notice, and access to information. (a) Upon passage
<br /> 13.31 resolution specified in section 163 .11, subdivision 2, a petition must be
<br /> 13.32 district court of the county in which the land is located. The petition mus
<br /> 13 .33 tract of land through which the highway passes, state the purposes for whit
<br /> 14 .1 proposed to be taken, and list the names of all persons appearing of retort
<br /> 14 .2 the county to be the landowners.
<br /> 14.3 (b) Notice of the objects of the petition and of the time and place of prey
<br /> 14.4 notice must be served, together with a copy of the resolution, upon each oc
<br /> 14 .5 each tract of land through which the highway passes at least 20 days before
<br /> 14.6 under subdivision lb. If an owner is not a resident of the state, or the oti
<br /> 14.7 residence is unknown to the county, service may be made by three weeks ' pur
<br /> 14.8 notice following the filing of an affidavit on behalf of the county by the
<br /> 14 .9 attorney stating that the county:
<br /> 14.10 (1) believes that the owner is not a resident of the state; and
<br /> 14.11 (2) has either mailed a copy of the notice to the owner at the owner's last
<br /> 14.12 residence address or, after diligent inquiry, the owner's place of resident
<br /> 14.13 ascertained by the county.
<br /> 14.14 If the state is an owner, the notice must be served upon the attorney gener
<br /> file://C:\Documents%20and%20Settings\julie.bartell\Local%20S ettings\Temporary%20Inte... 4/5/2006
<br />
|