HF 2203

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to highways; allowing judicial review of 
  1.3             public purpose and necessity for taking property for 
  1.4             county highway or town road; amending Minnesota 
  1.5             Statutes 2000, sections 163.12, subdivisions 7, 10; 
  1.6             164.07, subdivisions 7, 10. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2000, section 163.12, 
  1.9   subdivision 7, is amended to read: 
  1.10     Subd. 7.  [APPEAL FROM AWARD.] Within 40 days after the 
  1.11  filing of the award of damages, any owner or occupant may appeal 
  1.12  from the award by filing a notice of the appeal with the court 
  1.13  administrator of the district court of the county where the 
  1.14  lands lie.  However, the owner or occupant must file the notice 
  1.15  of appeal within ten days in order to delay the opening, 
  1.16  construction, alteration, change, or other improvement in or to 
  1.17  the highway pursuant to subdivision 10.  The notice of appeal 
  1.18  shall be accompanied by a bond of not less than $250, with 
  1.19  sufficient surety approved by the judge or by the county 
  1.20  auditor, conditioned to pay all costs arising from the appeal in 
  1.21  case the award is sustained.  A copy of the notice together with 
  1.22  a copy of the bond shall be served upon the county auditor.  The 
  1.23  notice of appeal shall specify the award or failure to award 
  1.24  appealed from, the land to which it relates, the nature and 
  1.25  amount of the claim of appellant, and the grounds of the appeal, 
  1.26  which may include a challenge to the public purpose or necessity 
  2.1   of the condemnation.  
  2.2      Sec. 2.  Minnesota Statutes 2000, section 163.12, 
  2.3   subdivision 10, is amended to read: 
  2.4      Subd. 10.  [APPEAL NOT TO DELAY PROSECUTION OF 
  2.5   IMPROVEMENT.] After the award of damages has been filed, the 
  2.6   board may proceed to open, construct, alter, or change the 
  2.7   highway; provided it does not receive notice of appeal within 
  2.8   ten days pursuant to subdivision 7.  If the board receives a 
  2.9   notice of appeal within ten days that challenges the public 
  2.10  purpose or necessity of the condemnation, it shall suspend any 
  2.11  proposed work on the highway until a final judicial 
  2.12  determination supporting the condemnation is made.  An If the 
  2.13  notice of appeal from the award of damages does not challenge 
  2.14  the public purpose or necessity, the appeal shall not delay the 
  2.15  prosecution of the proposed improvement, and the county board 
  2.16  may proceed as if no appeal had been taken.  
  2.17     Sec. 3.  Minnesota Statutes 2000, section 164.07, 
  2.18  subdivision 7, is amended to read: 
  2.19     Subd. 7.  [APPEAL.] Within 40 days after the filing of the 
  2.20  award of damages any owner or occupant may appeal from the award 
  2.21  by filing a notice of appeal with the court administrator of the 
  2.22  district court of the county where the lands lie.  However, the 
  2.23  owner or occupant must file the notice of appeal within ten days 
  2.24  in order to delay the opening, construction, alteration, change, 
  2.25  or other improvement in or to the road pursuant to subdivision 
  2.26  10.  The notice of appeal shall be accompanied by a bond of not 
  2.27  less than $250, with sufficient surety approved by the judge or 
  2.28  the county auditor conditioned to pay all costs arising from the 
  2.29  appeal in case the award is sustained.  A copy of the notice 
  2.30  shall be mailed by registered or certified mail to the town 
  2.31  clerk or any member of the town board.  The notice of appeal 
  2.32  shall specify the award or failure to award appealed from, the 
  2.33  land to which it relates, the nature and amount of the claim of 
  2.34  appellant, and the grounds of the appeal, which may include a 
  2.35  challenge to the public purpose or necessity of the condemnation.
  2.36     Sec. 4.  Minnesota Statutes 2000, section 164.07, 
  3.1   subdivision 10, is amended to read: 
  3.2      Subd. 10.  [APPEAL NOT TO DELAY IMPROVEMENT.] After the 
  3.3   award of damages has been filed, the board may proceed to open, 
  3.4   construct, alter, or change the highway; provided it does not 
  3.5   receive notice of appeal within ten days pursuant to subdivision 
  3.6   7.  If the board receives a notice of appeal within ten days 
  3.7   that challenges the public purpose or necessity of the 
  3.8   condemnation, it shall suspend any proposed work on the road 
  3.9   until a final judicial determination supporting the condemnation 
  3.10  is made.  An If the notice of appeal from the award of 
  3.11  damages does not challenge the public purpose or necessity, the 
  3.12  appeal shall not delay the prosecution of the proposed 
  3.13  improvement, and the town board may proceed as if no appeal had 
  3.14  been taken. 
  3.15     Sec. 5.  [EFFECTIVE DATE.] 
  3.16     Sections 1 to 4 are effective the day following final 
  3.17  enactment.