1.1 	A bill for an act
1.2 	relating to special assessments; providing for award
1.3 	of attorney fees, costs, and disbursements to
1.4 	prevailing appellant in a special assessment matter;
1.5 	amending Minnesota Statutes 2004, section 429.081.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. Minnesota Statutes 2004, section 429.081, is
1.8 	amended to read:
1.9 	429.081 APPEAL TO DISTRICT COURT.
1.10 	Within 30 days after the adoption of the assessment, any
1.11 	person aggrieved, who is not precluded by failure to object
1.12 	prior to or at the assessment hearing, or whose failure to so
1.13 	object is due to a reasonable cause, may appeal to the district
1.14 	court by serving a notice upon the mayor or clerk of the
1.15 	municipality.  The notice shall be filed with the court
1.16 	administrator of the district court within ten days after its
1.17 	service.  The municipal clerk shall furnish appellant a
1.18 	certified copy of objections filed in the assessment
1.19 	proceedings, the assessment roll or part complained of, and all
1.20 	papers necessary to present the appeal.  The appeal shall be
1.21 	placed upon the calendar of the next general term commencing
1.22 	more than five days after the date of serving the notice and
1.23 	shall be tried as other appeals in such cases.  The court shall
1.24 	either affirm the assessment or set it aside and order a
1.25 	reassessment as provided in section 429.071, subdivision 2.  If
2.1 	appellant does not prevail upon the appeal, the costs incurred
2.2 	shall be taxed by the court and judgment entered therefor. If
2.3 	appellant prevails upon the appeal, the appellant shall be
2.4 	awarded reasonable attorney fees, costs, and disbursements and
2.5 	judgment shall be entered for the appellant.All objections to
2.6 	the assessment shall be deemed waived unless presented on such
2.7 	appeal.  This section provides the exclusive method of appeal
2.8 	from a special assessment levied pursuant to this chapter.