2006.03.20 EDA Packet - Laserfiche WebLink

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02/13/06 REVISOR JSK/CG 06-5594 7.1 (b)Notice of the objects of the petition and of the time and place of presenting the 7.2 notice must be served,.together with a copy of the resolution,upon each occupant of 7.3 each tract of land through which the highway passes at least 20 days before the hearing 7.4 under subdivision lb. If an owner is not a resident of the state, or the owner's place of 7.5 residence is unknown to the county, service may be made by three weeks' published 7.6 notice following the filing of an affidavit on behalf of the county by the county's agent or 7.7 attorney stating that the county: 7.8 (1)believes that the owner is not a resident of the state; and 7.9 (2)has either mailed a copy of the notice to the ownerat the owner's last known 7.10 residence address or, after diligent inquiry, the owner's place of residence cannot be 7.11 ascertained by the county. 7.12 If the state is an owner,the notice must be served upon the attorney general. An owner 7.13 not served as provided in this subdivision is not bound by the proceeding, except if the 7.14 owner voluntarily appears in the proceeding. 7.15 (c) Within ten days of an owner's demand, the owner must be furnished a 7.16 right-of-way map or plat of all that part of the owner's land to be taken. Any applicable 7.17 plans or profiles that the county possesses must be made available to the owner for 7.18 inspection. 7.19 (d)The notice must state that: (1) a party wishing to challenge the public purpose, 7.20 necessity, or authority for the taking must appear at the court hearing and state the 7.21 objection; (2)failure to appear and object is deemed a waiver of any objection; and(3) a 7.22 court order approving the public purpose,necessity,and authority for the taking is final 7.23 unless an appeal is brought within 60 days after service of the order on the party. 7.24 Sec. 11. Minnesota Statutes 2004,section 163.12,subdivision Ib,is amended to read: 7.25 Subd. lb. Finding of necessity. When proof of service of the notice required in 7.26 subdivision 1 a is filed with the court,the court shall,hear all competent evidence offered 7.27 for or against granting the petition at the time and place fixed in the notice or otherwise set 7.28 by the court. On finding that the proposed taking is necessary and authorized by law the 7.29 court shall order the proceedings to commence pursuant to the remaining provisions of 7.30 this section. The court order finding the taking necessary and authorized by law is a final 7.31 order and must be appealed within 60 days from its service on the party. 7.32 Sec. 12. Minnesota Statutes 2004,section 469.012,subdivision Ig,is amended to read: 7.33 Subd. Ig. Get property; eminent domain. (a)An authority may,within its area of 7.34 operation,acquire real or personal property or any interest therein by gifts,grant,purchase, Sec. 12. 7