Minnesota Session Laws - 2001, Regular Session

                            CHAPTER 139-S.F.No. 2142 
                  An act relating to highways; allowing judicial review 
                  of public purpose and necessity for taking property 
                  for county highway or town road; amending Minnesota 
                  Statutes 2000, sections 163.12, subdivision 2, by 
                  adding subdivisions; 164.07, subdivisions 1, 2, 7, 10. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2000, section 163.12, is 
        amended by adding a subdivision to read: 
           Subd. 1a.  [PETITION, NOTICE, AND ACCESS TO 
        INFORMATION.] (a) Upon passage of the resolution specified in 
        section 163.11, subdivision 2, a petition must be presented to 
        the district court of the county in which the land is located.  
        The petition must describe each tract of land through which the 
        highway passes, state the purposes for which the land is 
        proposed to be taken, and list the names of all persons 
        appearing of record or known to the county to be the landowners. 
           (b) Notice of the objects of the petition and of the time 
        and place of presenting the notice must be served, together with 
        a copy of the resolution, upon each occupant of each tract of 
        land through which the highway passes at least 20 days before 
        the hearing under subdivision 1b.  If an owner is not a resident 
        of the state, or the owner's place of residence is unknown to 
        the county, service may be made by three weeks' published notice 
        following the filing of an affidavit on behalf of the county by 
        the county's agent or attorney stating that the county: 
           (1) believes that the owner is not a resident of the state; 
        and 
           (2) has either mailed a copy of the notice to the owner at 
        the owner's last known residence address or, after diligent 
        inquiry, the owner's place of residence cannot be ascertained by 
        the county. 
           If the state is an owner, the notice must be served upon 
        the attorney general.  An owner not served as provided in this 
        subdivision is not bound by the proceeding, except if the owner 
        voluntarily appears in the proceeding. 
           (c) Within ten days of an owner's demand, the owner must be 
        furnished a right-of-way map or plat of all that part of the 
        owner's land to be taken.  Any applicable plans or profiles that 
        the county possesses must be made available to the owner for 
        inspection. 
           Sec. 2.  Minnesota Statutes 2000, section 163.12, is 
        amended by adding a subdivision to read: 
           Subd. 1b.  [FINDING OF NECESSITY.] When proof of service of 
        the notice required in subdivision 1a is filed with the court, 
        the court shall hear all competent evidence offered for or 
        against granting the petition at the time and place fixed in the 
        notice or otherwise set by the court.  On finding that the 
        proposed taking is necessary and authorized by law the court 
        shall order the proceedings to commence pursuant to the 
        remaining provisions of this section. 
           Sec. 3.  Minnesota Statutes 2000, section 163.12, 
        subdivision 2, is amended to read: 
           Subd. 2.  [TIME AND PLACE FOR HEARING.] Upon passage of the 
        resolution specified in section 163.11, subdivision 2, order by 
        the court under subdivision 1b to commence the proceedings the 
        board shall fix the time and place it will meet.  Notice of the 
        meeting, together with a copy of the resolution, shall be served 
        upon each occupant of each tract of land through which the 
        highway passes at least ten days before the meeting.  Ten days' 
        posted notice of the meeting shall also be given.  Proof of 
        service and affidavit of posting shall be filed with the county 
        auditor.  
           Sec. 4.  Minnesota Statutes 2000, section 164.07, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [AUTHORIZATION; PETITION.] Any town board 
        may alter or vacate a town road, including those dedicated to 
        the public by plat, or establish a new road in its town upon a 
        petition of not less than eight voters of the town, who own real 
        estate, or occupy real estate under the homestead or preemption 
        laws or under contract with the state, within three miles of the 
        road proposed to be established, altered, or vacated; provided, 
        that in any town not having eight voters who own real estate or 
        occupy real estate under the homestead or preemption laws or 
        under contract with the state, within three miles of any 
        proposed road, the town board of such town may alter or vacate a 
        town road, or establish a new road in the town upon a petition 
        signed by a less number of voters of such town, who own real 
        estate or occupy real estate under the homestead or preemption 
        laws or under contract with the state, in such town.  Such 
        petition shall contain a description of the road, and what part 
        thereof is to be altered or vacated, and, if a new road, the 
        names of the owners of the land, if known, over which such road 
        is to pass, its point of beginning, general course, and 
        termination.  If the petition is to establish or alter a road, 
        the petition must also contain a statement of the purpose and 
        necessity for establishing or altering the road. 
           Sec. 5.  Minnesota Statutes 2000, section 164.07, 
        subdivision 2, is amended to read: 
           Subd. 2.  [HEARING; NOTICE.] (a) The petition shall be 
        filed with the town clerk, who shall forthwith present it to the 
        town board. The town board within 30 days thereafter shall make 
        an order describing as nearly as practicable the road proposed 
        to be established, altered, or vacated and the several tracts of 
        land through which it passes, and fixing a time and place when 
        and where it will meet and act upon the petition.  The order 
        must also contain a notice to affected landowners that a 
        landowner is entitled to judicial review of damages, need, and 
        purpose under subdivision 7 following a determination to 
        establish or alter a road.  The petitioners shall cause personal 
        service of such order and a copy of the petition to be made upon 
        each occupant of such land at least ten days before such meeting 
        and cause ten days' posted notice thereof to be given.  
           (b) In addition, the petitioners shall serve notice of the 
        order by certified mail upon the commissioner of natural 
        resources at least 30 days before such meeting if the road to be 
        vacated terminates at or abuts upon any public water.  The 
        notice under this subdivision paragraph is for notification 
        purposes only and does not create a right of intervention by the 
        commissioner of natural resources. 
           Sec. 6.  Minnesota Statutes 2000, section 164.07, 
        subdivision 7, is amended to read: 
           Subd. 7.  [APPEAL.] Within 40 days after the filing of the 
        award of damages any owner or occupant may appeal from the award 
        by filing a notice of appeal with the court administrator of the 
        district court of the county where the lands lie.  However, the 
        owner or occupant must file the notice of appeal within ten days 
        in order to delay the opening, construction, alteration, change, 
        or other improvement in or to the road pursuant to subdivision 
        10.  The notice of appeal shall be accompanied by a bond of not 
        less than $250, with sufficient surety approved by the judge or 
        the county auditor conditioned to pay all costs arising from the 
        appeal in case the award is sustained.  A copy of the notice 
        shall be mailed by registered or certified mail to the town 
        clerk or any member of the town board.  The notice of appeal 
        shall specify the award or failure to award appealed from, the 
        land to which it relates, the nature and amount of the claim of 
        appellant, and the grounds of the appeal, which may include a 
        challenge to the public purpose or necessity of the proposed 
        road or condemnation. 
           Sec. 7.  Minnesota Statutes 2000, section 164.07, 
        subdivision 10, is amended to read: 
           Subd. 10.  [APPEAL NOT TO DELAY IMPROVEMENT.] After the 
        award of damages has been filed, the board may proceed to open, 
        construct, alter, or change the highway; provided it does not 
        receive notice of appeal within ten days pursuant to subdivision 
        7.  If the board receives a notice of appeal within ten days 
        that challenges the public purpose or necessity of the proposed 
        road or condemnation, it shall suspend any proposed work on the 
        road until a final judicial determination supporting the 
        condemnation is made.  An If the notice of appeal from the award 
        of damages does not challenge the public purpose or necessity, 
        the appeal shall not delay the prosecution of the proposed 
        improvement, and the town board may proceed as if no appeal had 
        been taken.  
           Sec. 8.  [EFFECTIVE DATE.] 
           Sections 1 to 7 are effective the day following final 
        enactment. 
           Presented to the governor May 17, 2001 
           Signed by the governor May 21, 2001, 10:41 a.m.