116A.12 SECOND HEARING.
Subdivision 1. Time.
Promptly after the filing of the viewers' report and the engineer's
survey the auditor, or the court administrator with the approval of the judge, shall fix a time and
place for hearing on the petition and the engineer's and viewers' reports. The hearing shall not be
less than 25 nor more than 50 days from the date of the notice thereof. The auditor shall notify the
members of the county board of the time and place of the meeting as provided by law.
Subd. 2. Form of notice.
The notice shall state the pendency of the petition, that the
engineer's and viewers' reports have been filed, the time and place set for the hearing, and, if an
assessment roll has been prepared in accordance with section
, that hearing will also be
held on the special assessments proposed therein. The notice shall contain a brief description
of the proposed system in general terms, the area proposed to be assessed, and the lands and
properties damaged thereby as shown by the engineer's and viewers' reports. It shall be sufficient
if the lands affected are listed in narrative form by governmental sections or otherwise.
In judicial proceedings, separate notices may be prepared, published, posted and mailed in
each county affected, showing only that portion of the water or sewer system or combination
thereof and the descriptions of the properties affected in the county.
Subd. 3.[Repealed, Ex1971 c 20 s 11
Subd. 3a. Persons entitled to notice; publication.
The auditor or court administrator
shall cause notice of the time and place of the hearing to be given to all persons interested by
publication, posting and mailing. The publication shall be made no less than three weeks before
the date of the hearing. A printed copy of the notice of hearing made for each county shall be
posted within one week after the beginning of publication at the front door of the court house in
each county. Within one week after the beginning of publication, the auditor or court administrator
shall give notice by mail of the time and place of the hearing to all persons, corporations, and
public bodies affected by the proposed system as shown by the engineer's and viewers' reports.
The notice mailed to the owner of each parcel damaged by the improvement shall describe the
parcel and state the amount of the damages as ascertained by the viewers. The notice mailed to
the owner of each parcel appearing on the assessment roll, if filed for hearing at this time, shall
describe the parcel and state the amount of the cost potentially assessable thereto as set forth
in the assessment roll. Ownership of the respective parcels shall be established as provided
116A.17, subdivision 1
Subd. 4. Defective notice.
If notice is not given or is defective, the auditor or court
administrator shall require the same to again be fully given.
Subd. 5.[Repealed, Ex1971 c 20 s 11
Subd. 5a. Jurisdiction.
Upon due publication, posting and mailing of the notice provided
in this section, the board or court shall have jurisdiction of all lands and properties described in
the engineer's and viewers' reports, and of all persons and corporations, municipal or otherwise,
named therein, and all persons or corporations having any interest in any mortgage, lien or
encumbrance against any of the lands or properties referred to in such reports.
Subd. 6. Findings and order.
At the time and place specified in the notice, or at any
adjournment thereof, the board or court shall consider the petition for the water or sewer system,
together with all matters pertaining to the engineer's and viewers' reports, and consider all oral
or written testimony presented by interested parties. The board or court shall have authority to
amend the engineer's and viewers' reports as it deems necessary or proper. If the board or court
shall find that the engineer's and viewers' reports have been made and all other proceedings
in the matter had in accordance with law, that the estimated benefits are greater than the total
estimated cost, including damages, that the benefits and damages have been duly determined, that
the proposed water or sewer system will be of public utility and benefit, and will promote the
public health, and that the proposed system is practicable, then the board or county shall by order
containing such findings establish the water or sewer improvement and adopt and confirm the
viewers' report as made or amended.
Subd. 7. Assessment roll; payments.
If an assessment roll has been made and filed, the
board or court may take action with respect thereto at the hearing or at any adjournment thereof in
the manner provided in section
; provided that the board or court may permit prepayment
of any assessment in full, without interest, within any stated period from the date of confirmation
of the assessments, and may provide that the first installment shall be payable in the year
following the expiration of such period. The board or court may in its order confirm the special
assessments in the full amounts required to pay the total estimated cost of the system, as set forth
in the assessment roll, or may confirm them at any fraction not less than 25 percent thereof. If
special assessments are confirmed in any amount less than the total cost of the system as finally
ascertained, the board or court may at any subsequent time make supplemental assessments as
provided in section
, to the full amount required to pay the total cost of the system
including the principal of and interest on all bonds issued to finance the system.
Subd. 8. Orders; special assessments.
No order shall be entered confirming special
assessments for any system under the provisions of this section or section
unless it is
determined that the amount of the special assessments confirmed in the order, and to be extended
upon the tax rolls in each year of the term of any bonds issued to finance the system, together
with interest payable on such assessments, the taxes, if any, and the net revenues to be received in
excess of the cost of operation of the system during the same period, will be sufficient to pay all
of such bonds and interest thereon when due. The board or court may make this determination in
the order establishing the system or by subsequent order, based upon the engineer's report and
such other investigation as it may deem necessary, whether or not special assessments are finally
confirmed at the time of the entry of such order.
Subd. 9. Jurisdiction for special assessments; enlargement of assessable area.
or court, after ordering the establishment of any water or sewer or combined system, shall retain
jurisdiction thereof for the purpose of the levy of special assessments therefor, unless confirmed
by the order establishing the system, the levy of supplemental assessments, reassessments, and
reapportionment assessments when required, the approval of all contracts for construction,
extension, and improvement of the system, and the enlargement of the area assessable for the
original system and any extensions or improvements, when determined to be necessary or
expedient and in the public interest. Proceedings for enlargement of the assessable area shall be
taken in the same manner as provided for establishment of the system in sections
, except that the owner of any property may petition for the inclusion of such property
in the area and for connection to the system, and the board or court may grant such petition
with or without further hearing as it may deem expedient. No hearing shall be required on any
improvement or extension, but proceedings for contracting and levying special assessments
for any improvement or extension shall be taken in accordance with the provisions of sections
Subd. 10. Damages, payment.
When damages are awarded and duly confirmed with respect
to any property, the board or court may order the same paid and provide for the filing with the
county recorder of the county in which the property is located a copy of the viewers' report and the
order confirming the damages. Thereafter the board or court or commission may enter upon the
property for the purpose of constructing or maintaining the water or sewer or combined system as
contemplated in the viewers' report without first securing for that purpose a separate easement by
purchase, condemnation under chapter 117, or otherwise. In case of appeal, the damages shall not
be paid until the final determination thereof. If there is doubt as to who is entitled to the damages,
the board or court may pay the same to the court administrator of the district court in the county
in which the property is located, and the damages shall be disbursed by the court administrator,
upon order of the district court, to the persons thereunto entitled.
History: 1971 c 916 s 12 subds 1,2,4; Ex1971 c 20 s 5-8; 1973 c 322 s 4-8; 1975 c 294
s 6; 1977 c 442 s 5; 1Sp1986 c 3 art 1 s 82