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Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                            CHAPTER 49-S.F.No. 1016 
                  An act relating to local government; permitting 
                  delegation of duties to board of adjustment; amending 
                  Minnesota Statutes 2004, section 18.83, subdivision 3. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2004, section 18.83, 
        subdivision 3, is amended to read: 
           Subd. 3.  [APPEAL OF INDIVIDUAL NOTICE; APPEAL COMMITTEE.] 
        (1) A recipient of an individual notice may appeal, in writing, 
        the order for control or eradication of noxious weeds.  This 
        appeal must be filed with a member of the appeal committee in 
        the county where the land is located within two working days of 
        the time the notice is received.  The committee must inspect the 
        land specified in the notice and report back to the recipient 
        and the inspector who issued the notice within five working 
        days, either agreeing, disagreeing, or revising the order.  The 
        decision may be appealed in district court.  If the committee 
        agrees or revises the order, the control or eradication 
        specified in the order, as approved or revised by the committee, 
        may be carried out.  
           (2) The county board of commissioners shall appoint members 
        of the appeal committee.  The membership must include a county 
        commissioner or municipal official and a landowner residing in 
        the county.  The expenses of the members may be reimbursed by 
        the county upon submission of an itemized statement to the 
        county auditor.  At its option the county board of 
        commissioners, by resolution, may delegate the duties of the 
        appeal committee to its board of adjustment established pursuant 
        to section 394.27.  When carrying out the duties of the appeal 
        committee, the zoning board of adjustment shall comply with all 
        of the procedural requirements of this section. 
           Sec. 2.  [EFFECTIVE DATE.] 
           Section 1 is effective the day after final enactment. 
           Presented to the governor May 6, 2005 
           Signed by the governor May 10, 2005, 8:20 a.m.