as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to eminent domain proceedings; amending 1.3 Minnesota Statutes 1994, sections 117.065; 117.115, 1.4 subdivision 2; and 117.145. 1.5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.6 Section 1. Minnesota Statutes 1994, section 117.065, is 1.7 amended to read: 1.8 117.065 [NOTICE OF PENDENCY.] 1.9 At the time of filing the petition the petitioner
mayshall 1.10 file for record with the county recordera notice of the 1.11 pendency of the proceeding, describing with reasonable certainty 1.12 the lands affected and for what purpose they are to be 1.13 taken. The notice shall be filed as follows: 1.14 (1) if the lands are registered lands, with the registrar 1.15 of titles; 1.16 (2) if the lands are nonregistered, with the county 1.17 recorder; 1.18 (3) if the lands are both registered and nonregistered, 1.19 with both the registrar and the county recorder. 1.20 If the proceeding be abandoned in whole or in part the 1.21 petitioner shall within ten days thereafter file with the county1.22 recordera notice to that effect, describing with reasonable 1.23 certainty the lands so abandoned. The notice of abandonment 1.24 shall be filed in the same places as the notice of the pendency 1.25 of the proceeding. 2.1 Sec. 2. Minnesota Statutes 1994, section 117.115, 2.2 subdivision 2, is amended to read: 2.3 Subd. 2. Within ten days after the date of the filing of 2.4 the report of commissioners, the petitioner shall notify each2.5 respondent and each respondent's attorneythe following listed 2.6 persons, by mail, of the filing of the report of commissioners 2.7 setting forth the date of filing of the report, the amount of 2.8 the award, and all the terms and conditions thereof as the same 2.9 pertain to suchthe respondent or party listed: 2.10 (1) each respondent listed in the petition as having an 2.11 interest in any parcel described in the report; 2.12 (2) each other party to the proceeding whose appearance has 2.13 been noted by the court in its order approving the petition 2.14 under section 117.075; and 2.15 (3) each respondent's attorney. 2.16 Such notification shall be addressed to the last known post 2.17 office address of each respondent and each respondent's attorney2.18 person notified. Notice of the filing of the report need not be 2.19 given to parties initially served by publication under section 2.20 117.055. The petitioner shall file with the court administrator 2.21 an affidavit of mailing of the notice, setting forth the names 2.22 and addresses of all the persons so notified. 2.23 Sec. 3. Minnesota Statutes 1994, section 117.145, is 2.24 amended to read: 2.25 117.145 [APPEAL.] 2.26 At any time within 40 days from the date that the report 2.27 has been filed, any party to the proceedings may appeal to the 2.28 district court from any award of damages embraced in the report, 2.29 or from any omission to award damages, by: (1) filing with the 2.30 court administrator a notice of such appeal, and mailing(2) 2.31 serving by mail a copy of such notice toon all respondents and 2.32 all other parties of recordto the proceedings having an 2.33 interest in landsany parcel described in the appeal who are 2.34 shown in the petitioner's affidavit of mailing, required by 2.35 section 117.115, subdivision 2, as having been mailed a notice 2.36 of the report of the commissioners. 3.1 Within ten days of the date of mailing any other party may3.2 appeal.If any notice of appeal is filed, any other party may 3.3 appeal within 50 days from the date that the report was filed 3.4 by: (1) filing with the court administrator a notice of the 3.5 appeal; and (2) serving the notice of appeal by mail, as 3.6 provided in this section. Service by mail is deemed effective 3.7 upon deposit of the notice in the United States mail, by first 3.8 class mail, with postage prepaid, and addressed to each person 3.9 served at the address shown in the petitioner's affidavit of 3.10 mailing required by section 117.115, subdivision 2. Proof of 3.11 service by mail of a notice of appeal shall be filed with the 3.12 court administrator promptly following the mailing of any notice 3.13 of appeal. The notice of appeal shall specify the particular 3.14 award or failure to award appealed from, the nature and amount 3.15 of the claim, the land to which it relates, and grounds of the 3.16 appeal, and if applicable, the notice required in section 3.17 117.086. 3.18 Sec. 4. [EFFECTIVE DATE.] 3.19 Sections 1 to 3 are effective the day following final 3.20 enactment. Section 1 applies to petitions filed on or after the 3.21 effective date. Sections 2 and 3 are applicable to reports of 3.22 commissioners filed on or after the effective date.