Minnesota Session Laws - 1997, Regular Session

                             CHAPTER 78-H.F.No. 601 
                  An act relating to local government; authorizing 
                  boundary commissions; amending Minnesota Statutes 
                  1996, section 465.79. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1996, section 465.79, is 
        amended to read: 
           465.79 [ESTABLISHMENT OF BOUNDARY COMMISSION.] 
           Subdivision 1.  [CITY COUNCIL, TOWN OR COUNTY BOARD.] By 
        resolution, the city council of a statutory or home rule charter 
        city, town board, or county board may create a boundary 
        commission.  Members of the commission shall be residents of the 
        county or counties in which the city or town is located who are 
        familiar with real property. 
           Subd. 2.  [DUTIES OF BOUNDARY COMMISSION.] Upon initiation 
        by resolution of the governing body or upon petition of an 
        adjoining or affected property owner, the boundary commission 
        shall review property descriptions within the city of the 
        disputed areas in the respective jurisdiction.  Upon mailed 
        notice to all known parties in interest, the commission shall 
        attempt to establish agreements between adjoining landowners as 
        to the location of common boundaries as delineated by a 
        certified land survey.  If agreement cannot be reached, the 
        commission shall make a recommendation as to the location of the 
        common boundary boundaries within the disputed area.  The 
        commission shall prepare a plan designating all agreed and 
        recommended boundary lines and report to the city council, town 
        board, or county board. 
           Subd. 3.  [HEARING.] Upon receipt of the plan and a report 
        from the commission, the city council, town board, or county 
        board shall hold a public hearing.  The council, town board, or 
        county board shall give mailed notice to all known parties in 
        interest and published notice 20 days prior to the hearing.  The 
        council, town board, or county board shall hear all interested 
        parties and may make adjustments to the proposed plan that it 
        deems just and necessary. 
           Subd. 4.  [JUDICIAL REVIEW.] Following the public hearing, 
        the council or board may petition the district court for 
        judicial approval of the proposed plan.  If any affected parcel 
        is land registered under chapter 508, the petition must be 
        referred to the examiner of titles for a report.  The council or 
        board shall provide sufficient information to identify all 
        parties in interest and shall give notice to parties in interest 
        as the court may order.  The court shall determine the location 
        of any contested, disputed, or unagreed boundary and shall 
        determine adverse claims to each parcel as provided in chapter 
        559.  After hearing and determining all disputes, the court 
        shall issue its judgment in the form of a plat complying with 
        chapter 505 and an order designating the owners and 
        encumbrancers of each lot.  Real property taxes need not be paid 
        or current as a condition of filing the plat, notwithstanding 
        the requirements of section 505.04. 
           Subd. 5.  [SPECIAL ASSESSMENTS.] The city or board may 
        assess part or all of the cost incurred by it against the 
        benefited properties on a per parcel basis as provided in 
        chapter 429. 
           Presented to the governor April 29, 1997 
           Signed by the governor May 1, 1997, 4:06 p.m.