2001 Minnesota Statutes

     103E.091 Appeals. 

    Subdivision 1.    Grounds for appeal.  A party may 
 appeal to the district court from a recorded order of a drainage 
 authority made in a drainage proceeding that determines: 

    (1) the amount of benefits; 

    (2) the amount of damages; 

    (3) fees or expenses allowed; or 

    (4) whether the environmental and land use requirements and 
 criteria of section 103E.015, subdivision 1, are met.  

    Subd. 2.    Procedure for appeals related to benefits and 
 damages.  (a) A person who appeals the amount of benefits or 
 damages may include benefits and damages affecting property not 
 owned by the appellant.  Notice of the appeal must be served to 
 the auditor and to the owner or occupant of property included in 
 the appeal or to the attorney representing the property owner in 
 the proceedings. 

    (b) The appellant must file a notice of appeal with the 
 auditor within 30 days after the order to be appealed is filed.  
 The notice must state the particular benefits or damages 
 appealed and the basis for the appeal.  Within 30 days after the 
 notice is filed, the auditor must file the original notice with 
 the court administrator of the district court. 

    Subd. 3.    Procedure for appeal related to allowance of 
 fees or expenses.  An appeal related to the allowance of fees 
 or expenses may be to the district court of any county where the 
 affected property is located.  The appeal must be made within 30 
 days after the order allowing or disallowing the claim and is 
 governed as applicable by the provisions of subdivision 4. 

    Subd. 4.    Appeal trial.  (a) The issues in the appeal 
 are entitled to a trial by a jury in the district court of the 
 county where the drainage proceeding was pending. 

    (b) At the request of the appellant, the trial must be held 
 at the district court of the county where the affected property 
 is located.  The court administrator of the district court where 
 the appeal is first filed shall make, certify, and file with the 
 court administrator of the district court of the county where 
 the trial is transferred, a transcript of the papers and 
 documents on file in the court administrator's office in the 
 proceedings related to the matters of the appeal.  After the 
 final determination of the appeal, the court administrator of 
 the district court that tried the appeal shall certify and 
 return the verdict to the district court of the county where the 
 drainage proceedings were filed. 

    (c) The appeal shall take precedence over all other civil 
 court matters.  If there is more than one appeal to be tried in 
 one county, the court may, on its own motion or the motion of an 
 interested party, consolidate two or more appeals and try them 
 together, but the rights of the appellants must be determined 
 separately.  If the appellant does not prevail, the cost of the 
 trial must be paid by the appellant.  

    (d) The court administrator of the district court where the 
 appeal is filed shall file a certified copy of the final 
 determination of the appeal with the auditor of the affected 
 counties. 

    Subd. 5.    Effect of determination.  For all appeals, 
 the amount awarded by the jury as a determination of the issue 
 appealed shall replace the amount that was appealed.  

    HIST: 1990 c 391 art 5 s 19