SF 2966

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/11/2022 08:27am

A bill for an act
relating to eminent domain; modifying notice requirements; amending Minnesota
Statutes 2020, sections 117.115, subdivision 2; 117.145.

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

Section 1.

Minnesota Statutes 2020, section 117.115, subdivision 2, is amended to read:

Subd. 2.

Notification.

Within ten days after the date of the filing of the report of
commissioners, the petitioner shall notify the following listed persons, by mail, of the filing
of the report of commissioners setting forth the date of filing of the report, the amount of
the award, and all the terms and conditions thereof as the same pertain to the respondent or
party listed:

(1) each respondent listed in the petition as having an interest in any parcel described
in the report;

(2) each other party to the proceeding whose appearance has been noted by the court in
its order approving the petition under section 117.075 new text begin and who has a purported interest in
any parcel described in the report new text end ; and

(3) each deleted text begin respondent's deleted text end attorney new text begin appearing on behalf of each respondent or other party
having an interest in any parcel described in the report new text end .

Such notification shall be addressed to the last known post office address of each person
notified. Notice of the filing of the report need not be given to parties initially served by
publication under section 117.055. The petitioner shall file with the court administrator an
affidavit of mailing of the notice, setting forth the names and addresses of all the persons
so notified.

Sec. 2.

Minnesota Statutes 2020, section 117.145, is amended to read:

117.145 APPEAL: DEADLINE, NOTICE, SERVICE, CONTENTS; BY OTHER
PARTIES.

At any time within 40 days from the date that the report has been filed, any party to the
proceedings may appeal to the district court from any award of damages embraced in the
report, or from any omission to award damages, by: (1) filing with the court administrator
a notice of such appeal, and (2) serving by mail new text begin or E-Service new text end a copy of such notice on all
respondents new text begin , new text end and all other parties to the proceedings new text begin , new text end having an interest in deleted text begin any deleted text end new text begin the new text end parcel new text begin or
parcels new text end described in the appeal who are shown in the petitioner's affidavit of mailing, required
by section 117.115, subdivision 2, as having been mailed a notice of the report of the
commissioners new text begin , and on the petitioner new text end .

If any notice of appeal is filed, any other party may appeal within 50 days from the date
that the report was filed by: (1) filing with the court administrator a notice of the appeal;
and (2) serving the notice of appeal by mail new text begin or E-Service new text end , as provided in this section. Service
by mail is deemed effective upon deposit of the notice in the United States mail, by first
class mail, with postage prepaid, and addressed to each person served at the deleted text begin address shown
in the petitioner's affidavit of mailing required by section 117.115, subdivision 2 deleted text end new text begin last known
post office address of each person notified new text end . Proof of service by mail of a notice of appeal
shall be filed with the court administrator promptly following the mailing of any notice of
appeal. The notice of appeal shall specify the particular award or failure to award appealed
from, the nature and amount of the claim, the land to which it relates, and grounds of the
appeal, and if applicable, the notice required in section 117.086.