Minnesota Session Laws - 1984, Regular Session

  

                         Laws of Minnesota 1984 

                        CHAPTER 435-S.F.No. 1112
           An act relating to drainage; eliminating the bond 
          required for appeal of benefits or damages in a 
          drainage assessment proceeding; amending Minnesota 
          Statutes 1982, section 106.631, subdivision 2. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1982, section 106.631, 
subdivision 2, is amended to read:  
    Subd. 2.  [PROCEDURE ON APPEAL.] (a) Any person appealing 
on the first or second ground named, may include and have 
considered and determined benefits or damages affecting property 
other than his own.  Notice of such appeal shall be served upon 
the owner or occupant of such other property or upon the 
attorney who represents such owner in the proceedings.  Such 
notice of appeal shall also be served upon the auditor or clerk. 
    (b) To render the appeal effectual, the appellant shall 
file with the auditor or clerk within 30 days after the filing 
of such final order a notice of appeal which shall state the 
particular benefits or damages appealed from and the ground upon 
which the appeal is taken.  The notice of appeal shall be 
accompanied by an appeal bond to the county where the property 
is located of not less than $10,000 with sufficient surety to be 
approved by the auditor or clerk, conditioned that the appellant 
will duly prosecute the appeal and pay all costs and 
disbursements which may be adjudged against him and abide the 
order of the court.  Within 30 days after such filing, the 
auditor, in case of a county drainage proceeding, shall return 
and file with the clerk of the district court the original 
notice and appeal bond. 
    (c) The issues raised by the appeal shall stand for trial 
by jury and shall be tried and determined at the next term of 
the district court held within the county in which the 
proceedings were commenced, or in such other county in which the 
appeal shall be heard, beginning after the filing of the appeal; 
and shall take precedence of all other matters of a civil nature 
in court.  If there be more than one appeal triable in one 
county, the court may, on its own motion or upon the motion of a 
party in interest, consolidate two or more appeals and try them 
together, but the rights of the appellants shall be separately 
determined.  If the appellant fails to prevail, the cost of the 
trial shall be paid by the appellant.  In case of appeal as to 
damages or benefits to property situated in the county other 
than the county where the drainage proceedings are pending, and 
if the appellant so requests, the trial shall be held at the 
next term of the district court of the county wherein the lands 
are situated.  In such case, the clerk of the district court 
where the appeal is filed, shall make, certify and file in the 
office of the clerk of the district court of the county where 
the trial is to be had, a transcript of the papers and documents 
on file in his office in the proceedings so far as they pertain 
to the matters on account of which the appeal is taken.  After 
the final determination of such appeal, the clerk of the 
district court where the action is tried, shall certify and 
return the verdict to the district court of the county where the 
proceedings were instituted. 
    (d) The clerk of the district court shall file a certified 
copy of the final determination of any such appeal with the 
auditor of the county affected. 
    (e) An appeal on the third ground may be to the district 
court of any county wherein lands are affected.  Such appeal 
shall be made within 30 days after the order allowing or 
disallowing the claim and shall be governed as far as applicable 
by the provisions of this subdivision. 
    Approved April 23, 1984