Minnesota Session Laws - 1995, Regular Session

                            CHAPTER 106-H.F.No. 529 
                  An act relating to eminent domain proceedings; 
                  amending Minnesota Statutes 1994, sections 117.065; 
                  117.115, subdivision 2; and 117.145. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1994, section 117.065, is 
        amended to read: 
           117.065 [NOTICE OF PENDENCY.] 
           At the time of filing the petition the petitioner may shall 
        file for record with the county recorder a notice of the 
        pendency of the proceeding, describing with reasonable certainty 
        the lands affected and for what purpose they are to be 
        taken.  The notice shall be filed as follows:  
           (1) if the lands are registered lands, with the registrar 
        of titles; 
           (2) if the lands are nonregistered, with the county 
        recorder; 
           (3) if the lands are both registered and nonregistered, 
        with both the registrar and the county recorder. 
           If the proceeding be abandoned in whole or in part the 
        petitioner shall within ten days thereafter file with the county 
        recorder a notice to that effect, describing with reasonable 
        certainty the lands so abandoned.  The notice of abandonment 
        shall be filed in the same places as the notice of the pendency 
        of the proceeding. 
           Sec. 2.  Minnesota Statutes 1994, section 117.115, 
        subdivision 2, is amended to read: 
           Subd. 2.  Within ten days after the date of the filing of 
        the report of commissioners, the petitioner shall notify each 
        respondent and each respondent's attorney 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 such 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; and 
           (3) each respondent's attorney.  
        Such notification shall be addressed to the last known post 
        office address of each respondent and each respondent's attorney 
        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. 3.  Minnesota Statutes 1994, section 117.145, is 
        amended to read: 
           117.145 [APPEAL.] 
           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 mailing (2) 
        serving by mail a copy of such notice to on all respondents and 
        all other parties of record to the proceedings having an 
        interest in lands any parcel 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. 
           Within ten days of the date of mailing any other party may 
        appeal.  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, 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 address shown in the petitioner's affidavit of 
        mailing required by section 117.115, subdivision 2.  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.  
           Sec. 4.  [EFFECTIVE DATE.] 
           Sections 1 to 3 are effective the day following final 
        enactment.  Section 1 applies to petitions filed on or after the 
        effective date.  Sections 2 and 3 are applicable to reports of 
        commissioners filed on or after the effective date. 
           Presented to the governor April 28, 1995 
           Signed by the governor May 1, 1995, 2:48 p.m.