HF 601

3rd Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to local government; authorizing boundary 
  1.3             commissions; amending Minnesota Statutes 1996, section 
  1.4             465.79. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 1996, section 465.79, is 
  1.7   amended to read: 
  1.8      465.79 [ESTABLISHMENT OF BOUNDARY COMMISSION.] 
  1.9      Subdivision 1.  [CITY COUNCIL, TOWN OR COUNTY BOARD.] By 
  1.10  resolution, the city council of a statutory or home rule charter 
  1.11  city, town board, or county board may create a boundary 
  1.12  commission.  Members of the commission shall be residents of the 
  1.13  county or counties in which the city or town is located who are 
  1.14  familiar with real property. 
  1.15     Subd. 2.  [DUTIES OF BOUNDARY COMMISSION.] Upon initiation 
  1.16  by resolution of the governing body or upon petition of an 
  1.17  adjoining or affected property owner, the boundary commission 
  1.18  shall review property descriptions within the city of the 
  1.19  disputed areas in the respective jurisdiction.  Upon mailed 
  1.20  notice to all known parties in interest, the commission shall 
  1.21  attempt to establish agreements between adjoining landowners as 
  1.22  to the location of common boundaries as delineated by a 
  1.23  certified land survey.  If agreement cannot be reached, the 
  1.24  commission shall make a recommendation as to the location of the 
  1.25  common boundary boundaries within the disputed area.  The 
  2.1   commission shall prepare a plan designating all agreed and 
  2.2   recommended boundary lines and report to the city council, town 
  2.3   board, or county board. 
  2.4      Subd. 3.  [HEARING.] Upon receipt of the plan and a report 
  2.5   from the commission, the city council, town board, or county 
  2.6   board shall hold a public hearing.  The council, town board, or 
  2.7   county board shall give mailed notice to all known parties in 
  2.8   interest and published notice 20 days prior to the hearing.  The 
  2.9   council, town board, or county board shall hear all interested 
  2.10  parties and may make adjustments to the proposed plan that it 
  2.11  deems just and necessary. 
  2.12     Subd. 4.  [JUDICIAL REVIEW.] Following the public hearing, 
  2.13  the council or board may petition the district court for 
  2.14  judicial approval of the proposed plan.  If any affected parcel 
  2.15  is land registered under chapter 508, the petition must be 
  2.16  referred to the examiner of titles for a report.  The council or 
  2.17  board shall provide sufficient information to identify all 
  2.18  parties in interest and shall give notice to parties in interest 
  2.19  as the court may order.  The court shall determine the location 
  2.20  of any contested, disputed, or unagreed boundary and shall 
  2.21  determine adverse claims to each parcel as provided in chapter 
  2.22  559.  After hearing and determining all disputes, the court 
  2.23  shall issue its judgment in the form of a plat complying with 
  2.24  chapter 505 and an order designating the owners and 
  2.25  encumbrancers of each lot.  Real property taxes need not be paid 
  2.26  or current as a condition of filing the plat, notwithstanding 
  2.27  the requirements of section 505.04. 
  2.28     Subd. 5.  [SPECIAL ASSESSMENTS.] The city or board may 
  2.29  assess part or all of the cost incurred by it against the 
  2.30  benefited properties on a per parcel basis as provided in 
  2.31  chapter 429.