SF 2323

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to special assessments; providing for award
of attorney fees, costs, and disbursements to
prevailing appellant in a special assessment matter;
amending Minnesota Statutes 2004, section 429.081.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 429.081, is
amended to read:

429.081 APPEAL TO DISTRICT COURT.

Within 30 days after the adoption of the assessment, any
person aggrieved, who is not precluded by failure to object
prior to or at the assessment hearing, or whose failure to so
object is due to a reasonable cause, may appeal to the district
court by serving a notice upon the mayor or clerk of the
municipality. The notice shall be filed with the court
administrator of the district court within ten days after its
service. The municipal clerk shall furnish appellant a
certified copy of objections filed in the assessment
proceedings, the assessment roll or part complained of, and all
papers necessary to present the appeal. The appeal shall be
placed upon the calendar of the next general term commencing
more than five days after the date of serving the notice and
shall be tried as other appeals in such cases. The court shall
either affirm the assessment or set it aside and order a
reassessment as provided in section 429.071, subdivision 2. If
appellant does not prevail upon the appeal, the costs incurred
shall be taxed by the court and judgment entered therefor. new text begin If
appellant prevails upon the appeal, the appellant shall be
awarded reasonable attorney fees, costs, and disbursements and
judgment shall be entered for the appellant. new text end All objections to
the assessment shall be deemed waived unless presented on such
appeal. This section provides the exclusive method of appeal
from a special assessment levied pursuant to this chapter.