2006 Minnesota Statutes

465.42 APPEAL; OBJECTIONS; NOTICE; RECORD.
Any person whose property is proposed to be taken or interfered with or assessed under any
provisions of sections 465.26 to 465.48, or who claims to be damaged by the improvement, and
who deems that there is any irregularity in the proceedings of the city council, or action of the
appraisers, by reason of which the award of the appraisers ought not to be confirmed, or who
is dissatisfied with the amount of damages awarded for the taking of, or interference with the
person's property, or the assessment thereon, may, at any time before the time specified for the
consideration of the award and assessment by the city council, file with the city clerk in writing
objections to such confirmation, setting forth therein specifically the particular irregularities
complained of, and the particular objection to the award or assessment, and containing a
description of the property, affected by such proceedings and the person's interest therein, and if,
notwithstanding such objections, the city council shall confirm the award or assessment, such
persons so objecting shall have the right to appeal from such order of confirmation of the city
council to the district court of the county in which the city is situate within 20 days after such
order. Such appeal shall be made by serving a written notice of appeal upon the city clerk, which
shall specify the property of the appellant affected by such award or improvement, and refer to
the objection filed, as aforesaid, thereupon the city clerk, at the expense of the appellant, shall
make out and transmit to the court administrator of the district court a copy of the record of the
entire proceedings and of the award of the appraisers as confirmed by the city council, and of
the order of the city council confirming the same, and of the objections filed by the appellant, as
aforesaid, and of the notice of appeal, all certified by the city clerk to be true copies, within ten
days after the taking of such appeal. If more than one appeal be taken in the same proceeding, it
shall not be necessary that the city clerk in appeals subsequent to the first shall send up anything
but a certified copy of the appellant's objections. There shall be no pleading on any appeal, but
the court shall determine in the first instance whether there was in the proceedings any such
irregularity or omission of duty prejudicial to the appellant and specified in the written objection
that as to that appellant the award or assessment of the appraisers ought not to stand, and whether
the appraisers had jurisdiction to take action in the premises.
History: (1525) 1905 c 18 s 17; 1986 c 444; 1Sp1986 c 3 art 1 s 82