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02/13/06 REVISOR JSK/CG 06-5594 <br /> 3.1 Subdivision 1. Petition. In all cases a petition,describing the desired land,stating by <br /> 3.2 whom and for what purposes it is proposed to be taken,and giving the names of all persons <br /> 3.3 appearing of record or known to the petitioner to be the owners thereof shall be presented <br /> 3.4 to the district court of the county in which the land is situated praying for the appointment <br /> 3.5 of commissioners to appraise the damages which may be occasioned by such taking. <br /> 3.6 Subd. 2. Notice. LaINotice of the objects of the petition and of the time and place of <br /> 3.7 presenting the same shall be served at Ieast 20 days before such time of presentation upon <br /> 3.8 all persons named in the petition as owners as defined in section 117.025,subdivision 3, <br /> 3.9 and upon all occupants of such land in the same manner as a summons in a civil action. <br /> 3.10 (b)The notice must state that: (1) a party wishing to challenge the public purpose, <br /> 3.11 necessity,or authority for a taking must appear at the court hearing and state the objection; <br /> 3.12 (2) failure to appear and object is deemed a waiver of any objection; and(3) a court order <br /> 3.13 approving the public purpose,necessity, and authority for the taking is final unless an <br /> 3.14 appeal is brought within 60 days after service of the order on the party. <br /> 3.15 Li�)_If any such owner be not a resident of the state,or the owner's place of residence <br /> 3.16 be unknown to the petitioner, upon the filing of an affidavit of the petitioner or the <br /> 3.17 petitioner's agent or attomey, stating that the petitioner believes that such owner is not <br /> 3.18 a resident of the state, and that the petitioner has mailed a copy of the notice to the <br /> 3.19 owner at the owner's place of residence, or that after diligent inquiry the owner's place <br /> 3.20 of residence cannot be ascertained by the affiant, then service may be made upon such <br /> 3.21 owner by three weeks' published notice. If the state be an owner, the notice shall be <br /> 3.22 served upon the attorney general. Any owner not served as herein provided shall not be <br /> 3.23 bound by such proceeding except upon voluntarily appearing therein. Any owner shall <br /> 3.24 be furnished a right-of-way map or plat of all that part of land to be taken upon written <br /> 3.25 demand,provided that the petitioner shall have ten days from the receipt of the demand <br /> 3.26 within which to furnish the same. Any plans or profiles which the petitioner has shall be <br /> 3.27 made available to the owner for inspection. <br /> 3.28 Sec. 3. Minnesota Statutes 2004,section 117.075,is amended by adding a subdivision <br /> 3.29 to read: <br /> 3.30 Subd. la. Appeal of order. A party wishing to challenge the public purpose, <br /> 3.31 necessity,or authority for a taking must appear at the court hearing required by subdivision <br /> 3.32 1 and state the objection. Failure to appear and object is deemed a waiver of any objection. <br /> 3:33 A court order approving the public purpose,necessity,and authority for the taking is final <br /> 3.34 unless an appeal is brought within 60 days after service of the order on the party. <br /> Sec. 3. 3 <br />