CHAPTER 430. LAND FOR STREETS AND PARKS; ELWELL LAW
Table of Sections
|430.01||DESIGNATION OF LAND FOR VARIOUS USES.|
|430.011||PEDESTRIAN MALL ORDINANCE, IMPROVEMENT DISTRICT.|
|430.02||PROCEEDINGS FOR ACQUISITION OF LANDS.|
|430.023||WHEN CLERK TO MAIL NOTICE IN CONDEMNATION PROCEEDING.|
|430.03||OBJECTIONS; APPEAL; REAPPRAISAL.|
|430.031||APPEALS FROM PEDESTRIAN MALL ORDINANCES.|
|430.04||AWARDS ON APPEAL; ASSESSMENTS.|
|430.05||COUNCIL MAY ABANDON; EFFECT ON AWARDS.|
|430.06||SPREADING OF ASSESSMENT INSTALLMENTS.|
|430.07||METHOD OF IMPROVEMENTS; ASSESSMENTS.|
|430.08||LIMIT ON ASSESSMENT INSTALLMENTS.|
|430.10||CONTROL OF STREETS, PARKS, AND PARKWAYS.|
|430.102||PEDESTRIAN MALL ANNUAL COST, IMPROVEMENT ASSESSMENTS.|
|430.11||IMPROVEMENTS TO BE MADE PROMPTLY.|
|430.12||BONDS FOR IMPROVEMENTS.|
|430.13||SCOPE OF CHAPTER.|
|430.15||PAYMENT BY CITY; GIFTS.|
430.01 DESIGNATION OF LAND FOR VARIOUS USES.
Subdivision 1. Streets; parks; and parkways.
The council and the board of park
commissioners of a city of the first class may designate land to be acquired for a system of
streets, parks, and parkways. They may take this action only by concurrent resolution adopted
by a majority vote of each body. The land must be acquired under this chapter, in proceedings
conducted either by the city council or the board of park commissioners, as stated in the resolution.
Subd. 2. Parking lots; pedestrian malls and uses.
The council of a city of the first class may
by resolution designate land to be acquired, improved, and operated for motor vehicle parking
lots. By resolution, the council may designate lands to be acquired, improved, and operated for
pedestrian malls. By ordinance adopted under section
, the council may designate streets
in central business districts to be improved primarily for pedestrian uses.
Subd. 3. Performance of duties.
If the board of park commissioners acts, the duties to
be performed under this chapter by the city clerk, the city engineer, and the city attorney,
respectively, must be performed by the secretary, the engineer, and the attorney elected and
employed by the board of park commissioners, and the powers to be exercised under this chapter
by the city council may be exercised by the board of park commissioners.
Subd. 4. Definition.
As used in this chapter, the term "system of streets, parks, and
parkways" means a body of contiguous land designed to be used in part for streets and in part for
parks or parkways. The concurrent resolution must designate which part is for streets, which part
is for parks, and which part is for parkways.
Subd. 5. Independent action.
If the city council wants to take, improve, or take and improve
land for street purposes, to take land for motor vehicle parking lots, to take land for pedestrian
malls, or to improve streets for pedestrian uses, it may act under this chapter for that purpose
without the concurrence of the board of park commissioners. If the board of park commissioners
wants to take, improve, or take and improve land for parks or parkways, it may act under this
chapter without the concurrence of the city council.
History: (1552) 1911 c 185 s 1; 1917 c 103 s 2; 1945 c 470 s 2; 1963 c 504 s 1; 1987
c 229 art 9 s 1
430.011 PEDESTRIAN MALL ORDINANCE, IMPROVEMENT DISTRICT.
Subdivision 1. Legislative findings.
The legislature finds that: (1) increases in population
and automobile usage have created traffic congestion in central business districts of cities of the
first class; (2) those conditions endanger pedestrians and impede the movement of police and
fire equipment, ambulances, and other emergency vehicles; (3) streets in those central business
districts improved to their maximum width for sidewalk and roadway purposes cannot be further
widened without taking valuable buildings and improvements, substantially impairing the primary
function of those city streets as pedestrian facilities, and impairing the cities' sources of tax
revenue; and (4) limitation on the use of those streets by private vehicles may be found by the
council of any city of the first class to be in the interest of the city and state, to be of benefit to
adjoining properties, and to be essential to the effective use of the streets for street purposes.
Subd. 2. Statement of policy.
It is the state's policy to permit the city council of any city
of the first class to protect the public welfare and the interests of the public in the safe and
effective movement of persons and to preserve and enhance the function and appearance of
the central business districts of cities of the first class by adopting pedestrian mall ordinances
under this section.
Subd. 3. Pedestrian mall ordinances authorized.
A pedestrian mall ordinance may be
adopted if the city council finds that:
(1) a street or a part of a street (i) is not a part of any state highway, (ii) is located primarily
in a central business district, (iii) is improved to its maximum width for roadway and sidewalk
purposes, and (iv) is congested during all or a substantial part of normal business hours;
(2) reasonably convenient alternate routes exist for private vehicles to other parts of the
city and state;
(3) continued unlimited use of the street or part of the street by private vehicles may
(4) abutting properties can reasonably and adequately receive and deliver merchandise and
materials from other streets and alleys or through arrangements for limited use of the streets
by carriers of merchandise and materials; and
(5) it would be in the best interests of the city and the public and of benefit to adjacent
properties to use the street primarily for pedestrian purposes and pedestrian use is the highest and
best use of the street or part of it.
Subd. 4. Ordinance provisions.
An ordinance under subdivision 3 must (1) set forth the
findings required in subdivision 3, (2) designate a street or part of a street as a pedestrian mall, (3)
limit the use of the surface of the street or part of the street at times or during hours or days set
by the council to pedestrians and to classes of emergency, public works, maintenance, service,
and utility transportation vehicles defined in the ordinance, and (4) include other provisions
required in this chapter.
Subd. 5. Intersecting streets.
An ordinance under subdivision 3 must state that a limitation
of use does not apply to vehicles on an intersecting street crossing the street or part of a street
designated as a pedestrian mall unless the intersecting street is similarly designated.
Subd. 6. Use of pedestrian mall by public carriers.
If the council finds that a street or part
of a street limited under this section is served by a transit utility engaged in mass transportation
of persons within the city by bus or street railway, and that continued use of the street or part of
the street by the transit utility will benefit the city and the public and to adjacent property, the
council shall permit the transit utility to use the street or part of the street for transit purposes to
the extent and subject to the obligations and restrictions applicable to the transit utility in the use
of other streets of the city. Upon similar findings, the council may permit use of the street or part
of the street by utilities engaged in carrying persons by taxicabs.
Subd. 7. Special access permits.
If any property abutting on a street or part of a street
limited under this section does not, when an ordinance is adopted, have access to some other
street or alley for delivery of or receiving merchandise and materials, the council shall provide for
deliveries in the ordinance. It may do so by issuing a permit to the owners or occupants of the
property for the use of the street or part of the street for deliveries, or otherwise. The council shall
provide for deliveries during hours and days, which need not be ordinary business hours or days,
the council finds to be reasonably adequate for the purpose and not to interfere with the use of the
street or part of the street by pedestrians and other authorized vehicles.
Subd. 8. Adoption with improvement proceedings.
If an ordinance is to be adopted
in connection with an improvement of the street under this chapter, it must so state, must be
introduced as a proposed ordinance and given its first reading concurrently with the introduction
and adoption of the resolution of the council beginning the improvement proceedings, and must
not be given its final reading or be finally adopted until the council has taken action on the
proposed improvement under section
430.02, subdivision 12
Subd. 9. Adoption in other cases.
An ordinance that is not being adopted in connection with
an improvement of the street under this chapter must state that fact and be considered and adopted
like other ordinances, subject to the right of appeal under section
. The council shall not
meet to give the ordinance its final reading or to finally adopt the ordinance unless a copy of the
proposed ordinance and a notice stating the time and place at which the council will meet to
consider its adoption has been published in the official newspaper of the city at least once and
has been mailed to the owners of the lots or parcels of land abutting on the proposed pedestrian
mall at least three weeks before the meeting.
Subd. 10. Description of assessable properties.
An ordinance adopted in connection with
an improvement of the street under this chapter must describe the property to be assessed for the
improvement. No property is subject to assessment for the improvement unless it is described in
Subd. 11. Annual costs; districts.
If an ordinance is to be adopted in connection with an
improvement of the street under this chapter and the ordinance includes a council determination
that (1) the improvement will involve annual costs in addition to the initial cost of constructing
and making the improvement, and (2) the annual costs will provide benefits primarily to adjacent
property rather than to the city as a whole, the ordinance may require that the improvement and its
facilities be operated and maintained under section
and the costs assessed or taxed to
benefited properties under section
Alternatively, after a pedestrian mall ordinance has been adopted or lands have been
acquired or improved for a pedestrian mall, the council may require by separate ordinance or by
amendment to a pedestrian mall ordinance that the improvement and its facilities be operated and
maintained and the costs taxed and assessed to benefited properties under sections
, subject to appeal under section
. In that case, the ordinance must describe the
properties to be assessed or taxed for annual costs. The area may be given the name "(name of
street) Pedestrian Mall Improvement District."
Subd. 12. Protests.
The owners of lands abutting on a street or part of a street proposed as
a pedestrian mall representing a majority of the frontage on the proposed pedestrian mall may
make written objection to the establishment of the proposed pedestrian mall at any time before
the ordinance has been given its final reading and adopted. If they do the council shall end the
proceedings for establishment of the mall. In that event, no ordinance establishing the same or
substantially the same pedestrian mall may be introduced or adopted within one year after the
Subd. 13. Interpretation; repeal and amendments.
Notwithstanding the improvement
of a street as a pedestrian mall or the adoption of a pedestrian mall ordinance, the city and its
council keep their police powers and other rights and powers relating to the city street or street
part constituting the pedestrian mall, and the pedestrian mall action may not be construed to be a
vacation, in whole or in part, of any city street or street part in the mall area. The establishment
of a pedestrian mall under this chapter is a matter of regulation only. This chapter does not
prevent the city and its council, at any time after the adoption of a pedestrian mall ordinance,
from abandoning the operation of the pedestrian mall, from changing the extent of the pedestrian
mall, from supplying or amending the description of the district to be specially assessed or
taxed for annual costs of the pedestrian mall, or from changing or repealing any limitations on
the use of the pedestrian mall by private vehicles or any plan, rules, or regulations adopted for
the operation of a pedestrian mall.
Subd. 14. When effective.
An ordinance or amendment adopted under this section does not
become effective until 20 days after its final adoption and publication.
History: 1963 c 504 s 2; 1987 c 229 art 9 s 1
430.02 PROCEEDINGS FOR ACQUISITION OF LANDS.
Subdivision 1. Plat and survey.
After adoption of the resolution, the city engineer shall make
and present to the council a plat and survey of the proposed improvement. The plat or survey must
show character, course, and extent of the improvement and the property necessary to be taken or
interfered with, the name of the owner of each parcel of property, to the extent the engineer can
readily find the name, and a statement to explain the plat and survey and the character and extent
of the proposed improvement. For constructing pedestrian malls or improving streets primarily
for pedestrian uses, the council may employ a competent engineer or landscape architect or both,
and may purchase plans or designs prepared by a competent engineer or landscape architect, to
aid the city engineer in duties under this chapter.
A plat and survey finally adopted by the city council must be filed with the city clerk and
must be held to show correctly the character and extent of the improvement actually agreed
upon and ordered by the city council.
The plat must also show the amount of land taken from each owner, to the extent the owners
are known, and the lands contiguous to the improvements.
Subd. 2. Commissioners or appraisers.
The city council shall appoint five freeholders of
the city, no two of whom reside in the same ward, as commissioners. Their duties are to view
the premises and to determine and award the amount of damages and compensation to be paid
to the owners of property to be taken or injured by the improvement, and to assess the amount
of the damages and compensation and the expenses of the improvement upon the lands and
property to be benefited by the improvement, in proportion to the benefits to be received by each
parcel and without regard to a cash valuation.
Three or more commissioners constitute a quorum and may perform any duty required of the
commissioners. Commissioners must be notified of their appointment. Commissioners must be
sworn to the faithful discharge of their duties. A vacancy must be filled by the city council.
Subd. 3. Notice of hearing; hearing; award and appraisement.
(a) The commissioners
shall give notice, in a manner appropriate to inform the public:
(1) that the survey and plat and the pedestrian mall ordinance, if any, are on file and available
for examination in the office of the city clerk;
(2) that the commissioners will meet on a day and at a place designated in the notice on or
near the proposed improvement and view the property proposed to be taken or interfered with
for the purposes of the improvement, ascertain and award compensation and damages, view the
premises to be benefited by the improvement, assess on the benefited premises, in proportion to
the benefits, the amount necessary to pay the compensation and damage, and the cost of making
the improvement, and hear allegations and proof offered by interested persons.
(b) The commissioners shall meet and view the premises according to the notice. After
having viewed the premises, they may, for the hearing of evidence and preparation of their award
and assessment, adjourn or go to any other convenient place in the city, and may have the aid and
advice of the city engineer and of any other city officer. If a pedestrian mall ordinance is proposed
by the council under section
in connection with an improvement, the commissioners may
consider the business uses of abutting property affected by the ordinance and by the related
improvement and the probable effect the ordinance and improvement will have on the value of the
property and its uses, and the commissioners shall consider whether the property has access to
another street or alley for delivering and receiving merchandise and materials and the extent to
which the use and value of the property without the access under consideration will suffer as a
result of the adoption of the ordinance and the making of the improvement.
(c) After viewing the premises and hearing the evidence offered, the commissioners shall
prepare and make a true and impartial appraisal and award of the compensation and damages to
be paid to each person whose property is to be taken or injured in making the improvement. If the
rest of the property, only a part of which is to be taken or damaged by the improvement, will be
benefited by the improvement, the commissioners, in considering and awarding compensation
and damages, shall also consider, estimate, and offset the benefits that will accrue to the owner
because of the rest of the property, and award that owner only the excess of the compensation or
damages over the benefits.
Subd. 4. Assessment of compensation and damages; report; list.
The commissioners shall
assess the amount of the compensation and damages awarded under subdivision 3 upon the land
and property benefited by the proposed improvements in proportion to the benefits, along with the
expense and cost of making the improvements as fixed by the city council. No assessment may
exceed the actual benefit to the assessed lot or parcel of land, less damages or injuries to the parcel
that are less than the benefits. The commissioners shall prepare and report to the city council their
appraisal and award. If, in their judgment, the total amount of the compensation and damages and
the cost of making the improvement exceeds the actual benefits to the specific property subject to
assessment, they shall also state that fact and the amount of the excess in their report.
The commissioners shall also prepare for the city council an assessment list containing their
assessment of the compensation, damages, and costs in excess of the benefits to the property
assessed. The list must contain a brief description of each tract or parcel of property assessed, the
name or names of known owners of the tract, the amount assessed against each parcel of property,
and the amount of the excess of the compensation, damages, and costs that they must return
unassessed. If the city council has proposed a pedestrian mall ordinance under section
in connection with an improvement, the commissioners shall include in the assessment list only
those properties proposed to be assessed for the improvement under the proposed ordinance.
Subd. 5. Assistance and expense.
The commissioners may employ clerical assistance. The
cost of the clerical help, the commissioners' compensation, and the expenses of printing the
notices required, including the notice of consideration by the city council estimated at the same
rate per line as the cost of printing the prior notices, must be added to the other amounts to be
assessed and must be assessed with them. The city attorney shall represent the city before the
commissioners and produce required evidence.
Subd. 6. Percentage payment by city.
Except in the case of motor vehicle parking lots, the
city council may provide by the resolution appointing commissioners that a specified percentage,
not exceeding 75 percent, of the total damages and costs must be payable out of the city's
general funds. The city's share must then either be added to the amount of the certificates to be
issued and sold under section
or provided by the issue of general obligation permanent
improvement bonds. The city council shall annually levy a tax upon the taxable property of the
city to pay any issued bonds with interest. Any amount required to be paid out of the general
fund must not be assessed.
Subd. 7. Notice of hearing.
The commissioners shall file their completed report with the
city clerk. The city clerk shall then prepare a list of descriptions of the several lots and parcels
of land taken for the proposed improvements, the amount awarded for the taking of each lot or
parcel, the names of the owner or owners of each lot or parcel, descriptions of the several lots or
parcels of land upon which benefits have been assessed, the amount assessed against each lot or
parcel, and the names of the owner or owners of each lot or parcel. The names of owners must be
obtained from the commissioners or, if necessary, from the records in the office of the county
treasurer. The clerk shall give notice of the proceedings appropriate to inform the owners of the
proposed action. The notice must designate a place and time at which a committee appointed by
the board of park commissioners or of the council will meet to hear and consider objections to
making the improvement, to the amount of damages awarded for taking or interfering with the
property involved, and to the amount of the assessment for benefits to any property affected by
the proceedings, and claims of irregularities in the proceedings of the city council, the board of
park commissioners, or the commissioners appointed by the council or the board. Objections or
claims may be made by or on behalf of an owner of a lot or parcel taken or interfered with or
assessed for benefits because of the improvements.
Subd. 8. Service of notice.
Immediately after the notice is given under subdivision 7 and at
least two weeks before the time of the meeting of the committee designated in the notice, the city
clerk shall serve a copy of the notice upon each owner of land taken for the proposed improvement
or land upon which benefits have been assessed. The notice must be served by depositing it in the
United States mail, postage prepaid, in an envelope plainly bearing on its front in at least 10-point
type the words "Notice of Tax Assessments for Improvements Affecting Your Property," and the
owner's last known address, as obtained from the records of the city clerk or the county treasurer.
The failure of an owner to receive notice does not invalidate proceedings under this chapter.
If a pedestrian mall ordinance is proposed to be adopted in connection with an improvement
, a copy of the proposed ordinance must be mailed with the notice.
Subd. 9. Written objections.
(a) A person may protest the proposed improvement if the
person's property is proposed to be taken, interfered with, or assessed for benefits under this
chapter and if the person: (1) objects to the making of the improvement; or (2) thinks that there
has been an irregularity in the proceedings of the city council or the commissioners appointed by
it so that the award of the commissioners ought not to be confirmed; or (3) is dissatisfied with the
amount of damages awarded for the taking of or interference with the person's property or with
the amount of the assessment for benefits to any property affected by the proceedings.
(b) To protest, the person shall appear at the hearing or file with the city clerk designated in
the published notice, at any time before the hearing or before the report and recommendation
of the committee is filed, the person's (1) written objection to the making of the improvement,
(2) objection to the damages awarded or benefits assessed, or (3) claim of a specific irregularity
affecting specific property. An affected property owner or citizen or taxpayer of the city may
appear at the hearing in support of or to object to the adoption of a pedestrian mall ordinance
proposed under section
or may file written statements in support of or objecting to the
adoption of the ordinance.
Subd. 10. Hearings by council committee.
At the time and place designated in the
published hearing notice, the city clerk shall present to the committee the report of the appointed
commissioners and written objections or statements filed with the city clerk. The committee
shall then consider those items, hear the objectors and persons appearing in favor of or against
the adoption of a proposed pedestrian mall ordinance or their representatives, and adjourn the
hearing as necessary.
Subd. 11. Committee report.
Within ten days after the conclusion of the hearing the
committee shall file with the city clerk its report and recommendation on the matter submitted
to it. At that time the city clerk shall give notice that the report and recommendation have been
filed and that they and the report of the commissioners will be considered by the city council at a
meeting designated in the notice. The notice must be given so as to inform the persons affected
and the public.
Subd. 12. Action by council.
On the day set in the notice for the consideration of the reports
and recommendation, or at a later meeting to which the reports and recommendation may stand
over or be referred, the city council may, by resolution, annul the proceedings, confirm or annul
any or all of the awards and assessments, or send them back to the commissioners for further
consideration. If further consideration is required, the commissioners may meet again at a time
and place designated in a notice mailed by the city clerk to interested persons at least two weeks
before the meeting, hear any further evidence given by interested persons, adjourn the meeting
as necessary, correct, alter, or revise any mistakes in the award and assessment, and again
report to the city council.
The council may confirm or annul the new report. In confirming the awards and assessments,
the city council shall give its final reading to and vote on the adoption of any pedestrian mall
ordinance proposed in connection with the improvement under section
. If the ordinance
is amended or fails to be adopted any improvement begun in connection with the proposed
ordinance must either be abandoned or the awards and assessments must be returned to the
commissioners for further consideration.
Subd. 13. Levy of assessment; assessment roll.
Confirmation of an award and assessment
by the city council makes the award and assessment final upon all parties interested. The city
council shall then levy an assessment or, if the city council considers it necessary, a partial
assessment to pay the costs of the proceedings and the improvements upon the parcels of land
described in the assessment list reported by the commissioners, in accordance with the confirmed
assessments or in proportion to the assessments levied.
The city council may delay levying assessments under this chapter until completion or
substantial completion of the improvements proposed to be made when the actual cost of the
improvements and proceedings has been determined. The cost may include interest at five
percent per year on money advanced by the city. The city council shall then levy assessments
in the proceeding, aggregating the amount of the cost or the part of the cost the city council has
determined, in conformity with this chapter, upon land described in the assessment list reported
to the city council by the commissioners. Assessments must be proportionate to and not greater
than the amounts confirmed upon the parcels of land by the council or by the court upon appeal
in the proceeding. The city council shall adopt an assessment roll of the assessments. The roll
may be substantially in the following form:
"The city council assesses and levies on and against the land described below the sums
of money set against each lot or parcel. This assessment is made to defray the compensation
and damages awarded for the taking of or injury to private property and the estimated cost of
improvements in and about the .... as shown on the plat and survey on file in the office of the city
clerk. This levy conforms to the report and assessment of commissioners appointed to make the
assessment and in proportion to benefits from the improvements to accrue to the parcels and not
exceeding the benefits to the assessed parcels.
History: (1553) 1911 c 185 s 2; 1913 c 345 s 1; 1925 c 417 s 1; 1929 c 419 s 1; 1945 c 470 s
||Name of Owner, if known
||Done at a meeting of the council this .............day of ............., A.D. .......
3; 1945 c 530 s 1; 1953 c 264 s 1; 1963 c 504 s 3-10; 1967 c 201 s 1; 1969 c 678 s 1; 1984 c
543 s 51-54; 1986 c 444; 1987 c 229 art 9 s 1
430.023 WHEN CLERK TO MAIL NOTICE IN CONDEMNATION PROCEEDING.
If a city of the first class is authorized in its charter to condemn property for public use and
to appoint commissioners to assess damages or benefits on condemned property and is required
by its charter to give notice of the filing of the commissioners' report, the city clerk shall give
the required notice. Notice must be given by mailing it to the person whose name appears on the
records of the auditor of the county in which the city is located as the person who last paid the taxes
on the property proposed to be taken, within 48 hours after the filing of the commissioners' report.
History: 1943 c 249 s 1; 1987 c 229 art 9 s 1
430.03 OBJECTIONS; APPEAL; REAPPRAISAL.
Subdivision 1. Appeal procedure; bond.
A person whose property is proposed to be taken,
interfered with, or assessed for benefits under this chapter, who (1) thinks there is an irregularity
in the council proceedings or action of the commissioners so that the award of the commissioners
ought not to be confirmed, or (2) is dissatisfied with the amount of damages awarded for taking or
interfering with the person's property or with the amount of the assessment for benefits to any
property affected by the proceedings, may appeal from the city council's order of confirmation
to the district court of the county within 20 days after the order. This appeal must be made by
serving a written notice of the appeal upon the city clerk. The appeal must specify the property of
the appellant affected by the award and assessment and refer to the objection filed. The appellant
shall also deliver to the city clerk a bond to the city, executed by the appellant or someone on
the appellant's behalf, with two sureties, in the amount of $50 conditioned to pay costs that
may be awarded against the appellant. The city clerk shall then make out and send to the court
administrator of the district court a copy of the commissioners' award as confirmed by the council,
the order of the council confirming it, and the objection filed by the appellant, all certified by the
clerk to be true copies, within ten days after the taking of the appeal.
Subd. 2. Multiple appeals.
If more than one appeal is taken from an award, the city clerk
need not, in subsequent appeals, send anything to the court administrator except a certified copy
of the appellant's objections.
Subd. 3. Pleading; issues.
An appeal requires no pleading. The court shall determine (1)
whether there was any irregularity in the proceedings or omission of duty prejudicial to the
appellant and specified in the appellant's written objections, so that the appellant's award or
assessment ought not to stand, and (2) whether the commissioners had jurisdiction to take action
affecting the appellant.
Subd. 4. Consolidation.
If a person claims that a pedestrian mall ordinance proposed in
connection with an improvement under section
and adopted by the city council is invalid,
the person shall appeal under section
, subject to the right of the court to consolidate for
hearing any appeal taken under that section with an appeal taken under this section.
Subd. 5. Hearing; affected parties.
The case may be heard on eight days' notice at any
general or special term of the court. It has precedence over other civil cases. The judgment of the
court must be either to confirm or annul the proceedings only as they affect the property of the
appellant proposed to be taken, damaged, or assessed for benefits and described in the written
objection. No appeal or writ of error may be taken from this determination.
Subd. 6. Reappraisal.
If the amount of damages awarded or assessment made for benefits
is complained of by the appellant, the court shall, if the proceedings are confirmed in other
respects, appoint as commissioners three disinterested freeholders who are residents of the city to
reappraise the damages or benefits. The parties to the appeal must be heard by the court upon the
appointment of these commissioners. The court shall fix the time and place of the meeting of the
commissioners. They shall be sworn to the faithful discharge of their duties as commissioners,
view the premises, and hear from interested parties allegations and proofs pertinent to the question
of the amount of the damages or assessments. These commissioners are governed by the provisions
in this chapter governing commissioners appointed by the city council, including the method of
arriving at the amount of damages and the offset of benefits to other property of the same owners.
They shall, after the hearing and after they view the premises, report to the court their appraisal of
damages or assessments of benefits in respect to the appellant. The award or assessment of these
commissioners is final unless it is set aside by the court for good cause. If the report is set aside,
the court may recommit it to the same commissioners or appoint new commissioners.
Subd. 7. Costs.
The court shall allow a reasonable compensation to commissioners for
their services and award costs of the appeal including the compensation of commissioners, as it
thinks just. If the court decides that the appeal was frivolous or vexatious, it may charge double
costs against the appellant.
Subd. 8. Appeal to Court of Appeals.
The city or any party may appeal from the court's
final order to the Court of Appeals.
Subd. 9. Filing reports and papers; serving notices.
Reports and other papers from city
council proceedings under this chapter must be filed in the office of the city clerk; notices of
appeal and other notices to the city must be served upon the city clerk. Reports and other papers
from park board proceedings under this chapter must be filed in the office of the secretary or other
recording officer of the board; notices of appeal and other notices to the city must be served upon
the secretary or other recording officer of the board.
History: (1554) 1911 c 185 s 3; 1913 c 345 s 2; 1925 c 417 s 2; 1963 c 504 s 11; 1983 c 247
s 154; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 1987 c 229 art 9 s 1
430.031 APPEALS FROM PEDESTRIAN MALL ORDINANCES.
Subdivision 1. Limitation of actions.
No action may be commenced or maintained, and no
defense interposed, questioning the validity, regularity, or legality of all or part of a pedestrian
mall ordinance, or an amendment, to it adopted by a city of the first class under section
or 13 except by an appeal to the district court of the county in which the city is
located within 20 days after the final adoption and publication of the ordinance or amendment.
Subd. 2. Appeals authorized.
An appeal under this section may be commenced and
maintained on the grounds that the ordinance is unreasonable or arbitrary or unlawfully obstructs
the public use and interest in a street or part of a street named in the ordinance or takes or
interferes with the appellant's property without due process of law, or on any other lawful
grounds. An appeal under this section may be taken by a citizen or taxpayer of the city or a person
whose property is or may be taken or interfered with without due process of law by reason of the
enactment or enforcement of the ordinance.
Subd. 3. Proceedings on appeal.
An appeal under this section may be made by serving a
written notice on the city clerk setting forth the grounds for the appeal and any property the
appellant claims to be taken or interfered with. The city clerk shall make out and send to the court
administrator of the district court (1) a certified copy of the ordinance, (2) if not previously filed,
a certified copy of the award of the commissioners as confirmed by the council, and (3) the
order of the council confirming the award in any improvement proceeding connected with the
ordinance. No other pleadings are required. No surety bond is required except upon motion of
the city under chapter 562.
Subd. 4. Effect of appeal.
An appeal under this section suspends the ordinance until the
action is determined by a final order of the court. The court shall advance the case on its calendar
for trial at the earliest feasible date. An appeal from a district court judgment in the action must be
taken within 30 days after notice of entry of the judgment. A party may apply to the Court of
Appeals for an order fixing the time and manner of hearing the appeal; the court may provide
for a speedy hearing.
History: 1963 c 504 s 12; 1976 c 239 s 44; 1983 c 247 s 155; 1Sp1986 c 3 art 1 s 82;
1987 c 229 art 9 s 1
430.04 AWARDS ON APPEAL; ASSESSMENTS.
Subdivision 1. Direct payment or assessment.
If an award of damages to appellants
after an appeal to the district court exceeds the amount of the award appealed from, or if an
assessment of benefits made in respect to an appellant upon appeal is less than the amount of the
assessment of benefits appealed from, the city may pay the amount of this increase or decrease
from the permanent improvement fund or any available city fund. Alternatively, the city council
may have the amount assessed upon any property benefited by the proposed improvements in
addition and without prejudice to prior assessments made in the proceedings, referring the matter
to the commissioners appointed by the council in the proceeding or to new commissioners
to be appointed by the council. The commissioners must have the qualifications required of
commissioners appointed under section
and must take an oath to faithfully discharge
their duties as commissioners.
Subd. 2. Notice of assessment hearing.
The commissioners shall give notice of the time
when and the place where they will meet to hear persons interested and assess the amounts of
the increase of awards of damages or decrease of assessments of benefits on land previously
assessed or to assess benefits on land not previously assessed for benefits in the proceeding. The
notice must be sent to owners of land entitled to increase of their awards upon any appeal and to
owners of land to be assessed for benefits that were not assessed in the original proceeding by
the commissioners. It must be deposited in the post office of the city, postage paid, addressed to
the owners' last known place of residence, either known to the commissioners or obtained from
the office of the county treasurer. The failure of any owner to receive notice does not invalidate
any proceedings under this chapter.
Subd. 3. Assessment list.
The commissioners shall meet at the time and place designated
in their notice, hear interested persons, and assess the amount of the increased awards of
damages, decreased assessments of benefits, or new and original assessments of benefits on
property benefited by the proposed improvements in proportion to the benefits. The amount of
an assessment may not exceed the actual benefit to the assessed land. The commissioners shall
file with the city clerk an assessment list containing a brief description of each piece of property
assessed, the names of the owners, if known, and the amount assessed; the city clerk shall present
this list to the city council for consideration. Minutes of the presentation of this assessment list
to the city council, included in the record of the proceedings of the city council, are sufficient
notice to concerned persons. This assessment list must lie over without action by the city council
until a regular meeting of the council at least one week later. At that or a later meeting the city
council may confirm the assessments and assessment roll or send them back to the commissioners
for further consideration.
Subd. 4. Appeal.
An interested person who is dissatisfied with the amount of an assessment
may appeal from the confirmation of the assessment by the city council to the district court
. A decrease in an assessment on appeal may be paid by the city from the
permanent improvement fund or from any available city fund, or the city council may have the
amount reassessed under this chapter.
History: (1555) 1911 c 185 s 3a; 1915 c 86 s 1; 1925 c 417 s 3; 1984 c 543 s 55; 1986 c
444; 1987 c 229 art 9 s 1
430.05 COUNCIL MAY ABANDON; EFFECT ON AWARDS.
During proceedings for improvements under this chapter or within 90 days after the final
order of the court on the last appeal from those proceedings, the city council may set aside awards
and abandon proceedings concerning parcels if it thinks that is in the city's interest. The city
council may also rescind and annul a pedestrian mall ordinance adopted after being proposed
within 90 days after the final order of the court on the last appeal from those
proceedings under section
. If it does, any improvement begun in connection
with the ordinance is abandoned and any awards and assessments are set aside. Awards, if not set
aside, are a charge upon the city, for the payment of which the city pledges its faith and credit,
and the city is entitled to immediate possession. The city council may order awards that are not
set aside to be paid into the district court of the county for the use and benefit of those who are
entitled to them. The money paid into court must be paid out under order of the court upon
application of interested parties after notice required by the court.
History: (1556) 1911 c 185 s 4; 1963 c 504 s 13; 1987 c 229 art 9 s 1
430.06 SPREADING OF ASSESSMENT INSTALLMENTS.
Subdivision 1. Number of installments; collected with tax.
The city clerk shall send
a certified copy of the assessment roll to the auditor of the county in which assessed land lies.
The auditor shall include five percent of the principal amount of the assessment as part of the
taxes upon each parcel annually for 20 years, including annual interest at the rate ascertained.
The city council and board of park commissioners may, by concurrent resolution, determine that
the amount of the assessment must be collected in five or ten equal annual installments instead
of 20. In that case the county auditor shall include a corresponding percentage of the principal
amount of the assessment as part of the annual taxes, including annual interest, until the principal
amount is collected.
The auditor shall include in the annual taxes one of the installments and one year's interest
upon that installment, and all subsequent installments at the same rate. Each installment, together
with interest, must be collected with the annual taxes upon the land, together with penalties
and interest on default. All of these must be collected with and enforced as the annual taxes
and credited to the proper city fund.
Subd. 2. Discharging assessments.
Any parcel assessed may be discharged from the
assessment at any time after the auditor receives the assessment by paying all installments that
have gone into the hands of the county treasurer, with accrued interest, penalties, and costs, and by
paying all subsequent installments; or any parcel assessed may be discharged from the assessment
by presenting certificates or bonds sold against the assessments under this chapter, sufficient in
amount to cover all installments due on that parcel and accrued interest, penalties, and costs, and
all installments yet to accrue, by surrendering the certificates or bonds to the county treasurer for
cancellation or having endorsed on them the installments, interest, penalties, and costs.
Subd. 3. Assessments are liens; defense.
An assessment is a lien on the land against the
owner and every person in any way interested in the land. The owner and any person interested in
the land may defend against an assessment at the time of application for judgment in the regular
proceedings for the enforcement of delinquent taxes. The assessment is not invalid because
of any irregularity if the notices have been published substantially as required. No defense is
allowed except upon the ground that the cost of the improvement is substantially less than the
amount of the assessment, and then only to the extent of the difference between the assessment
and the actual cost.
Subd. 4. Naming and numbering of assessments.
Assessments made under this chapter
must be called special street, motor vehicle parking lot, and parkway assessments of the city of
..... and numbered consecutively. When an assessment is certified by the city clerk to the county
auditor, a duplicate must be sent to the city comptroller; all assessments must be sufficiently
identified by name and number.
History: (1557) 1911 c 185 s 5; 1913 c 345 s 4; 1917 c 103 s 3; 1929 c 419 s 2; 1945 c
470 s 4; 1987 c 229 art 9 s 1
430.07 METHOD OF IMPROVEMENTS; ASSESSMENTS.
Subdivision 1. Resolutions.
The city council and park commissioners may, by concurrent
resolution, or by separate resolution when acting separately, specify the method of improving any
street, pedestrian mall, park, or parkway under this chapter, including grading, drainage, planting,
street lighting, paving, curbing, building gutters and sidewalks, installing sewer and water mains
where necessary in the case of parks, and installing necessary structures and apparatus for
playgrounds and general park uses.
Subd. 2. Definition; pedestrian mall improvement.
"Pedestrian mall improvement" means
an improvement designed and to be used primarily for the movement, safety, convenience, and
enjoyment of pedestrians, whether or not a part of a street is set apart for roadway for emergency
vehicles, transit vehicles, or private vehicles. A "pedestrian mall improvement" may provide and
include space for seating, cafe tables, shelters, trees, flower plantings, sculptures, newsstands,
telephone booths, traffic signs, kiosks, fire hydrants, street lighting, ornamental signs, ornamental
lights, trash receptacles, display cases, marquees, awnings, canopies, overhead radiant heating
fixtures, underground radiant heating pipes and devices, walls, bollards and chains, and similar
fixtures, equipment, facilities, and appurtenances which, in the judgment of the council, will
enhance the movement, safety, convenience, and enjoyment of pedestrians and benefit the city
and adjoining properties. Sidewalks on pedestrian malls may be constructed of concrete, bricks,
asphalt tiles, blocks, granite sets or other materials and combinations of materials the council
Subd. 3. Council's powers.
The council may narrow a roadway to be maintained in
connection with a pedestrian mall, may have street vaults reconstructed or removed, may
construct crosswalks at any point within a block and at the ends of blocks, and may design the
roadway to curve and meander within the limits of the street regardless of the uniformity of width
of the street or curve or absence of curve in the center line of the street to enhance the usefulness
and appearance of a pedestrian mall.
Subd. 4. Estimated cost; assessment.
The city engineer shall estimate the cost of each item
in an improvement separately or by reasonable classifications detailed to the satisfaction of
the city council or the park commissioners, and shall submit the estimate with the plat. In the
case of property used for residential purposes only for no more than a four-family dwelling,
these estimates may not exceed six-inch water mains and 24-inch sewers. The city council shall
examine the estimates, change them if necessary, and adopt an estimate of the cost. The city
council, in appointing commissioners, shall provide the estimate, and the commissioners shall
assess the amount of the estimate or a part of it as directed by the city council, upon land in the
city they consider specifically benefited, in proportion to the benefits and not exceeding the actual
benefit to a parcel. The commissioners shall add these assessments to the benefits assessed under
and report the net result of damages or benefits as required by section
procedure following the report must be the same as that following a report under section
Subd. 5. Mistaken estimates.
If, in proceedings under this chapter, the actual cost of the
improvement of a street, park, or parkway is less than the estimated cost adopted by the city
council, the council shall cancel and annul the assessments made in the proceedings to a total
amount that does not exceed the fractional part of the total amount of the excess of estimated
cost over the actual cost equivalent to the fraction obtained by dividing the total amount of the
assessments by the total amount of the estimated cost.
If the assessments in a proceeding have not been entirely collected, or if the city council
considers that assessments cannot be fully collected, the council may direct the city comptroller to
keep in the fund in the proceeding an amount the city council thinks will cover the deficiencies
in the collection of the assessments. The city council shall direct that the rest of the excess of
estimated cost must be disposed of in the following manner. The city council shall direct the city
comptroller to certify the amount of this balance to the county auditor. The auditor shall deduct
the amount from the first installment of the assessment to be collected after the receipt of the
certificate. This deduction must be made from the assessment against each piece or parcel of
property in the proportion that the excess, as certified by the city comptroller, bears to the total of
the installment of the assessment. If the balance as certified exceeds one installment, it must be
deducted from succeeding installments until it is fully deducted. Alternatively, the city council
may direct that the city comptroller's certification of the excess be accompanied by a request that
the excess be applied to reduce all unpaid installments in proportion to the amount of such unpaid
installments. In that case, the assessment rolls shall be recomputed by reducing the amount
of the original assessment against each piece or parcel of property in the proportion that the
excess, as certified by the city comptroller, bears to the total original assessment. The balance
for each piece or parcel of property, after deduction of principal installments previously paid or
in the process of collection, shall then be divided into equal annual installments of principal or
equal annual installments of principal and interest, whichever method was used for the original
assessments. The same rate of interest and collection period shall apply to the new installments
as was provided for the original assessment.
If the assessment against a piece or parcel of property has been paid in full, and the amount
to be refunded does not exceed $1, the city council may deposit the amount of the potential refund
in the city's permanent improvement fund or bond redemption fund.
If the amount to be refunded exceeds $1, but does not exceed $20, the city comptroller shall
mail to the current owner of the property a notice stating that the refund is available. The notice
must be mailed within 60 days after the city council determines the actual cost of the improvement.
If the amount to be refunded exceeds $20 the following notice procedure must be followed.
The city comptroller shall mail to the person who owned the property when the assessment
was paid, at the person's last known address, a notice stating that the refund is available. The
notice must be mailed within 60 days after the city council determines the actual cost of the
improvement. If a response is not received from the owner within ten days of the date of mailing,
a second notice must be mailed. If the refund is not claimed by the person who owned the
property when the assessment was paid within 30 days of the date of mailing the last required
notice, the city council may deposit the amount of the potential refund in the city's permanent
improvement fund or bond redemption fund.
Subd. 6. Payments by city.
If some of the damages and cost of the improvement has been
paid by the city, the city council shall direct the city comptroller to certify to the county auditor
only that part of the excess of estimated cost equal to the part of the total estimated cost of the
improvement and damages that has been or is assessed against benefited property. The council
shall not direct that a certificate be issued to the county auditor until the city engineer reports that
the improvement work has been completed and each item of damage or cost in the proceeding has
been paid. This report by the city engineer must be made to the city council immediately upon
completion of the work in the proceeding. In a proceeding where there is or may be an excess of
estimated cost and there is or will be a balance in the fund in the proceeding over and above the
actual cost, the city council may withdraw from the fund a percentage of the fund equal to the
percentage of the cost of the improvement paid by the city and have this money deposited in the
fund from which it was originally drawn or taken by the city council.
Subd. 7. Permissible improvements.
A street, park, parkway, or pedestrian mall may
be improved and the cost assessed and raised under this chapter, including the following
improvements: widening, grading, drainage, planting, pavement, sidewalks, curb and gutter,
sewers and water mains, and in the case of parks, the necessary structures and apparatus for
playgrounds and general park uses. For streets or parkways over 80 feet wide, the resolution
may, to facilitate connections with private property and avoid cutting or breaking into the
improvements, order a double water main or a double sewer, one on either side of the street or
parkway, or adopt another feasible arrangement or device.
History: (1558) 1911 c 185 s 6; 1913 c 345 s 3; 1917 c 103 s 4; 1923 c 438 s 1; 1925 c
417 s 4; 1953 c 184 s 1; 1963 c 504 s 14; 1969 c 500 s 1; 1977 c 75 s 1; 1984 c 543 s 56; 1986
c 444; 1987 c 229 art 9 s 1; 1989 c 115 s 5
430.08 LIMIT ON ASSESSMENT INSTALLMENTS.
If land is acquired under this chapter for streets, parks, and parkways for less than $3,000, the
amount of the assessment for the cost must be collected in less than six equal annual installments.
History: (1559) 1917 c 103 s 3; 1919 c 219; 1987 c 229 art 9 s 1
430.09 TITLE ACQUIRED.
Title obtained to land designated for park purposes and motor vehicle parking lots under this
chapter must be an absolute estate in fee simple, unqualified in any way, and must vest in the city.
The city shall take only an easement in other land.
History: (1560) 1911 c 185 s 7; 1945 c 470 s 5; 1987 c 229 art 9 s 1
430.10 CONTROL OF STREETS, PARKS, AND PARKWAYS.
When proceedings under this chapter are completed, the streets, parks, and parkways must be
governed as other streets, parks, and parkways are governed by the city council and board of park
commissioners respectively. Streets, however, may be taken by the board of park commissioners
for parkways with the consent of the city council, and parkways may be taken by the city
council for streets with the consent of the board of park commissioners. When proceedings for
the acquisition of motor vehicle parking lots are completed, the parking lots acquired must be
controlled and operated by the city council. The city council shall set parking rates so as to pay
the cost of operation of the lots. Money received must be deposited in a fund designated by the
city council and kept separate from other city funds. Funds available in another permanent or
current fund may be advanced to the designated fund for temporary use and must be returned to
the fund from which advanced when receipts from operation permit.
History: (1561) 1911 c 185 s 8; 1945 c 470 s 6; 1987 c 229 art 9 s 1
430.101 PEDESTRIAN MALLS.
Subdivision 1. Use of pedestrian malls.
A pedestrian mall acquired under section
improved under section
may be used under the direction of the city council for any purpose
or activity that will enhance the movement, safety, convenience, or enjoyment of pedestrians,
including seating, sidewalk cafes, displays of merchandise, exhibits, advertising, telephone,
transit, newsstands, bus shelters, plantings, adornment, protection against the elements, and any
other use or activity permitted by an applicable pedestrian mall ordinance adopted under section
or other applicable law, ordinance, or power.
Subd. 2. Regulation and permits.
After a pedestrian mall ordinance has been adopted or
land has been acquired for a pedestrian mall, the city engineer shall prepare a plan and submit it
to the city council. The plan must be prepared with the assistance of the city attorney and any
consulting engineer or landscape architect or other consultant employed by the council to assist an
advisory board appointed under subdivision 3. The plan must include:
(1) the initial distribution and location of movable furniture, sculpture, or pedestrian traffic
control devices, flowers, and other facilities belonging to the pedestrian mall and not otherwise
located or fixed by the plans and specifications;
(2) the initial uses to be permitted on the mall to occupants of abutting property, a transit or
telephone utility, vendors, and others to serve the convenience and enjoyment of pedestrians, and
the location of those uses;
(3) proposed regulations governing charges in the distribution of movables and permitted
uses, the issuance of permits for uses, and fees and rentals to be charged for permits and uses; and
(4) the operation of any lighting, heating, or other facilities in the mall, replacing flowers,
and maintaining the furniture and facilities in the mall.
The plan must be filed with the city clerk and be open to inspection. The city council shall
by ordinance approve and adopt the plan and regulations with additions or modifications it
considers proper after notice and hearings before it or its appropriate committee that the council
considers necessary or desirable. The council may amend the plan and regulations. Any furniture,
structure, facility, or use located or permitted under the plan or a pedestrian mall improvement in
the street covered by the plan or improvement is not, because of that location or use, a nuisance
or unlawful obstruction or condition. Neither the city nor any user acting under permit is liable
for any injury to person or property unless the furniture, structure, facility, or use is negligently
constructed, maintained, or operated.
Subd. 3. Advisory board.
In its discretion, the city council may create and appoint an
advisory board. A majority of the members must be owners or occupants of properties adjoining a
pedestrian mall or their representatives. The board shall advise the city council and the city
engineer on the acquisition, construction, and improvement of a pedestrian mall, the making
of a plan for the mall, and the operation and maintenance of the mall, and meet and make
recommendations on complaints and requests of members of the public and owners and occupants
of adjoining property. An advisory board may elect an executive secretary, who need not be a
member of the board, to keep its minutes, records, and correspondence and to communicate with
the city council, the city engineer, other officials, owners and occupants of adjoining properties,
and users of the pedestrian mall.
History: 1963 c 504 s 15; 1975 c 28 s 1; 1987 c 229 art 9 s 1
430.102 PEDESTRIAN MALL ANNUAL COST, IMPROVEMENT ASSESSMENTS.
Subdivision 1. Costs; estimates; categories.
(a) When the plan is submitted and then
annually on or before June 15, the city comptroller and city engineer shall, with the assistance
of the advisory board, report to the city council: (1) an estimate of the cost of operating and
maintaining and annual improvement costs to each pedestrian mall improvement district in the
city for the city's next fiscal year to be incurred under the plan then in effect; and (2) an estimate of
changes in the amounts of those costs that would result from any change in the plan recommended
to or under consideration by the city council.
(b) The estimate must be reasonably itemized and include a summary of the categories of
cost properly chargeable as follows:
(1) the amount to be charged against the general funds of the city, which the amount the city
would pay from its general funds for street maintenance and operations on a street of similar size
and location but not improved as a pedestrian mall;
(2) the amount to be charged against benefited properties in the district in proportion to
benefits, which is the total of costs of annual improvements to be made in the district during the
ensuing year, not exceeding the total benefits to the assessable tracts and parcels of land in the
district received from the annual improvements; and
(3) the amount if any, to be specially taxed against properties in the district in proportion to
the cash valuation of those properties, which is the net amount of estimated costs remaining after
deducting the amount to be charged to the general funds of the city under clause (1), the amount
to be specially assessed under clause (2), and rentals to be received for use of the mall by vendors.
Subd. 2. Council approval; special tax levy limitation.
The council shall receive and
consider the estimate required in subdivision 1 and the items of cost after notice and hearing
before it or its appropriate committee as it considers necessary or expedient, and shall approve
the estimate, with necessary amendments. The amounts of each item of cost estimated are then
appropriated to operate, maintain, and improve the pedestrian mall during the next fiscal year.
The amount of the special tax to be charged under subdivision 1, clause (3), must not, however,
exceed 0.12089 percent of market value of taxable property in the district. The council shall make
any necessary adjustment in costs of operating and maintaining the district to keep the amount of
the tax within this limitation.
Subd. 3. Annual improvement assessment procedure; appeals.
When the council has acted
on the estimate of costs, the city engineer, with the assistance of the city assessor, shall prepare an
assessment roll. The roll must list separately the amounts to be specially assessed against benefited
and assessable property in the district in proportion to the benefits, descriptions of the property,
and the names of the owners of the property to the extent they are available to the engineer. The
assessment roll must be filed in the office of the city clerk and be available there for inspection.
The city council shall meet to consider objections to the amounts of special assessments at
least ten days after a notice of hearing has been mailed to the named owners of the tracts, parcels,
and lots of property proposed to be assessed. The notice must give the time, place, and purpose of
the meeting, but may refer to the assessment roll for further particulars. When the city council has
approved the amounts of the special assessments in the assessment roll or has changed them, the
city clerk shall certify a copy of the assessment roll, with any changes, to the county auditor to be
extended on the tax lists of the county. The special assessments must be collected with and in the
same manner as other taxes on property for the current year.
Within 20 days after the adoption of the assessment, an aggrieved person may appeal to the
district court as provided in section
except that no commissioners will be appointed
to consider the amount of benefits. If the court finds that the assessment is not arbitrary,
unreasonable, or made under a demonstrable mistake of fact or erroneous theory of law, it shall
confirm the proceedings. If the court finds that the assessment is valid but for the inclusion of
one or more items of cost, it shall reduce the assessment by the amount erroneously included
and confirm the assessment as reduced. Otherwise the court shall remand the matter to the city
council for reconsideration and reassessment of the benefits after notice and hearing like those
for the original assessments under this subdivision. Objections to the assessment are waived
unless appealed under this paragraph.
Subd. 4. Costs and annual improvements defined.
For the purposes of this chapter, with
respect to pedestrian malls, "annual improvements" means any reconstruction, replacement, or
repair of trees and plantings, furniture, roadway fixtures, sidewalks, shelters, and other facilities
of a pedestrian mall, snow removal, sweeping, furnishing overhead or underground heating for
enjoyment of pedestrians, and any other local improvement benefiting properties within the
district. For the purposes of this chapter, with respect to annual improvements to and operation and
maintenance of pedestrian malls, "costs" means costs of annual improvements, fees of consultants
employed by the city council to assist in the planning of annual improvements, premiums on
public liability insurance insuring the city and users of the pedestrian mall and on property damage
insurance for pedestrian mall facilities, reasonable and necessary costs to the city for the time of
city officials, the advisory board, and employees spent in connection with annual improvements
to and operating and maintaining a pedestrian mall and levying and collecting special assessments
and special taxes for the mall, publication costs, and other costs incurred or to be incurred in
connection with annual improvements to and operation and maintenance of pedestrian malls.
Subd. 5. Special account; excess costs; balances.
Money appropriated and collected for
annual improvement costs and costs of operating and maintaining a pedestrian mall must be
credited to a special account. The council may incur costs for annual improvements to or for
operating and maintaining a pedestrian mall during any fiscal year, though not provided for in an
approved estimate for that fiscal year, if the council considers it necessary to provide for annual
improvements or operation or maintenance before the succeeding fiscal year. In that case, the
costs incurred must be included in the next estimate of costs to be approved. Any balances to the
credit of the account established for a pedestrian mall and remaining unspent at the end of a fiscal
year must be charged against the proper category of the next estimate of costs to be approved.
History: 1963 c 504 s 16; 1984 c 543 s 57; 1986 c 444; 1987 c 229 art 9 s 1; 1988 c 719 art
5 s 84; 1989 c 329 art 13 s 20; 1990 c 480 art 9 s 18; 1991 c 291 art 1 s 35,36
430.11 IMPROVEMENTS TO BE MADE PROMPTLY.
The improvements under this chapter must be made as soon as possible after the land is
secured by the body conducting the proceedings for acquisition.
History: (1562) 1911 c 185 s 9; 1987 c 229 art 9 s 1
430.12 BONDS FOR IMPROVEMENTS.
The city council may issue and sell special certificates of indebtedness or special street or
parkway improvement bonds as necessary to pay for making improvements and paying damages.
The holders of the certificates or bonds are entitled to all amounts realized on any assessment, or,
in the council's discretion, the holders of a series of two or more certificates or bonds have those
rights against one assessment or against the assessments in two or more different proceedings.
The principal and interest will be payable at fixed dates out of the funds collected from the
assessments, including interest and penalties, and those funds are pledged for the pro rata payment
of the certificates or bonds and related interest as they become due. These certificates or bonds
may be made payable to the bearer, with interest coupons attached, and the city council may bind
the city to make good deficiencies in the collection up to, but not exceeding, the principal and
interest at the rate fixed under this section and for the time specified in section
. If the city,
because of this guaranty, redeems a certificate or bond, it is subrogated to the holder's rights. For
the purpose of this guaranty, penalties collected must be credited upon deficiencies of principal
and interest before the city is liable. These certificates or bonds must be sold at public sale or by
sealed proposals at a meeting after at least two weeks' published notice, to the purchaser who will
pay the par value at the lowest interest rate. The certificates or bonds must be drawn accordingly.
The rate of interest may not exceed seven percent per year, payable annually or semiannually.
The city clerk shall certify to the county auditor the rate of interest determined at the first bond sale
held for any improvement under this chapter, and interest must be computed on the assessments
at this annual rate, in accordance with section
. If the rate of interest determined at any
subsequent bond sale for the same improvement is greater than the rate determined at the first
bond sale, the difference between these rates of interest must be a general city charge.
If the proceeds of special certificates of indebtedness or special street or parkway
improvement bonds are in excess of the amount actually necessary to make the improvements
for which they were issued, or if the proceeds are not immediately required for the prosecution
or completion of the improvement, the proceeds may meanwhile be used by the city council for
other improvements authorized under this chapter, and the proceeds used must be replaced and
made good as necessary from the proceeds of special certificates of indebtedness or special
bonds issued for other improvements.
apply to any obligations issued under this section that are
subject to limitation under a federal tax law as defined in section
474A.02, subdivision 8
History: (1563) 1911 c 185 s 10; 1913 c 345 s 5; 1917 c 11 s 1; 1925 c 417 s 5; 1969 c 484 s
1; 1984 c 582 s 8; 1986 c 465 art 1 s 4; 1987 c 229 art 9 s 1; 2000 c 260 s 58
430.13 SCOPE OF CHAPTER.
This chapter applies to cities of the first class.
The term "city council" means the governing body of a city.
Certificates or bonds that may be issued to finance an improvement under this chapter are
part of the bonded debt of the city. In calculating the net indebtedness of the city due to the issue
of certificates or bonds, there may be deducted from the gross debt of the city the amount of
certificates or bonds that are payable wholly or partly from collections of special assessments
levied on property benefited by the improvements, including general obligations of the issuing
city, if the city is entitled to reimbursement, in whole or in part, from the proceeds of special
assessments levied upon property especially benefited by the improvements.
History: (1564) 1911 c 185 s 11; 1913 c 345 s 6; 1923 c 438 s 2; 1945 c 530 s 2; 1987
c 229 art 9 s 1
430.15 PAYMENT BY CITY; GIFTS.
A city may, if it has funds available from other sources, pay part of the cost of an
improvement and raise the rest by the methods provided in this chapter. The city may also accept
gifts to be used to pay for an improvement.
History: (1566) 1911 c 185; 1913 c 345 s 8; 1987 c 229 art 9 s 1