2005 Minnesota Statutes

     18.84 Liability; appeals. 

    Subdivision 1.    Counties and municipalities.  Counties 
 and municipalities are not liable for damages from the noxious 
 weed control program for actions conducted in accordance with 
 sections 18.76 to 18.88. 

    Subd. 2.    Appeal to county board.  A person who is 
 ordered to control noxious weeds under sections 18.76 to 18.88 
 and is charged for noxious weed control may appeal the cost of 
 noxious weed control to the county board of the county where the 
 noxious weed control measures were undertaken within 30 days 
 after being charged.  The county board shall determine the 
 amount and approve the charge and filing of a lien against the 
 property if it determines that the owner, or occupant if other 
 than the owner, responsible for controlling noxious weeds did 
 not comply with the order of the inspector. 

    Subd. 3.    Court appeal of costs; petition.  (a) A 
 landowner who has appealed the cost of noxious weed control 
 measures under subdivision 2 may petition for judicial review.  
 The petition must be filed within 30 days after the conclusion 
 of the hearing before the county board.  The petition must be 
 filed with the court administrator in the county in which the 
 land where the noxious weed control measures were undertaken is 
 located, together with proof of service of a copy of the 
 petition on the county auditor.  No responsive pleadings may be 
 required of the county, and no court fees may be charged for the 
 appearance of the county in this matter. 

    (b) The petition must be captioned in the name of the 
 person making the petition as petitioner and respective county 
 as respondents.  The petition must include the petitioner's 
 name, the legal description of the land involved, a copy of the 
 notice to control noxious weeds, and the date or dates on which 
 appealed control measures were undertaken. 

    (c) The petition must state with specificity the grounds 
 upon which the petitioner seeks to avoid the imposition of a 
 lien for the cost of noxious weed control measures. 

    Subd. 4.    Hearing.  (a) A hearing under subdivisions 3 
 to 5 must be held at the earliest practicable date, and in no 
 event later than 90 days following the filing of the petition of 
 objection.  The hearing must be before a district judge in the 
 county in which the land where the noxious weed control measures 
 were undertaken is located, and must be conducted in accordance 
 with the District Court Rules of Civil Procedure. 

    (b) The court shall either order that a lien representing 
 part or all of the costs for noxious weed control measures be 
 imposed against the land or that the landowner be relieved of 
 responsibility for payment of noxious weed control measures 
 undertaken. 

    Subd. 5.    Further appeal.  A party aggrieved by the 
 decision of the reviewing court may appeal the decision as 
 provided in the Rules of Appellate Procedure. 

    HIST: 1992 c 500 s 10; 2003 c 128 art 3 s 23