1997 Minnesota Statutes

     18.0229 Liability; appeals. 

    Subdivision 1.    Counties and townships.  Counties and 
 townships and their agents are not liable for damages from the 
 grasshopper control program for actions conducted in accordance 
 with sections 18.0223 to 18.0229.  

    Subd. 2.    Access for inspection.  An inspector may 
 enter any land to inspect grasshopper densities. 

    Subd. 3.    Appeal to county board.  A person who is 
 ordered to control grasshoppers under sections 18.0225 to 
 18.0229 and is charged for grasshopper control may appeal the 
 cost of grasshopper control to the county board of the county 
 where the grasshopper control measures were undertaken within 30 
 days after being charged.  The county board shall determine the 
 amount and approve the charge and filing of a lien against the 
 property if it determines that:  

    (1) the owner, or occupant if other than the owner, 
 responsible for controlling grasshoppers did not comply with the 
 order of the inspector; and 

    (2) the grasshopper densities on the property exceeded the 
 densities determined by the commissioner to cause economic or 
 potential economic damage.  

    Subd. 4.    Court appeal of costs; petition.  (a) A land 
 owner who has appealed the cost of grasshopper control measures 
 under subdivision 3 may petition for judicial review.  The 
 petition must be filed within 30 days after the conclusion of 
 the hearing before the county board.  The petition must be filed 
 with the court administrator in the county in which the real 
 property where the grasshopper control measures were undertaken 
 is located, together with proof of service of a copy of the 
 petition on the commissioner and the county auditor.  The 
 petition must be accompanied by the standard filing fee for 
 civil actions.  No responsive pleadings may be required of the 
 commissioner or the county, and no court fees may be charged for 
 the appearance of the commissioner or the county in the matter. 

    (b) The petition must be captioned in the name of the 
 person making the petition as petitioner and the commissioner of 
 agriculture and the respective county as respondents.  The 
 petition must include the petitioner's name, the legal 
 description of the real estate involved, a copy of the notice to 
 control grasshoppers, and the date or dates on which appealed 
 control measures were undertaken. 

    (c) The petition must state with specificity the grounds 
 upon which the petitioner seeks to avoid the imposition of a 
 lien for the cost of grasshopper control measures. 

    Subd. 5.    Hearing.  (a) A hearing under subdivisions 4 
 to 6 must be held at the earliest practicable date, and in no 
 event later than 90 days following the filing of the petition of 
 objection.  The hearing must be before a district judge in the 
 county in which the real property where the grasshopper control 
 measures were undertaken is located, and must be conducted in 
 accordance with the district court rules of civil procedure. 

    (b) The court shall either order that a lien representing 
 part or all of the costs for grasshopper control measures be 
 imposed against the real property or that the land owner be 
 relieved of responsibility for payment of grasshopper control 
 measures undertaken. 

    Subd. 6.    Further appeal.  A party aggrieved by the 
 decision of the reviewing court may appeal the decision as 
 provided in the rules of appellate procedure. 

    HIST: 1990 c 607 s 3