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222.633 Commissioner resolves dispute.

(a) A railroad interest or leaseholder may apply to the commissioner of transportation to resolve a dispute concerning fair market value or other terms arising from negotiations under section 222.632. The commissioner must adopt guidelines without regard to chapter 14 to implement section 222.632 and this section. The guidelines must define the terms "leaseholders," "nonrailroad lessor," and "railroad interest," establish a procedure to resolve disputes, and provide for the use of independent appraisers. Final rules must be adopted no later than 360 days from March 22, 1986.

(b) The commissioner's decision is final for purposes of judicial review and may be reviewed in the district court for the jurisdiction where the property is located. The scope of judicial review is limited to a determination whether substantial evidence exists to support the commissioner's decision.

HIST: 1986 c 398 art 14 s 3; 1989 c 212 s 3; 1998 c 403 s 29

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Revisor of Statutes