2007 Minnesota Statutes

117.041 ENTRY FOR SURVEY OR ENVIRONMENTAL TESTING.
    Subdivision 1. Surveys. For the purpose of making surveys and examinations relative to any
proceedings under this chapter, it shall be lawful to enter upon any land, doing no unnecessary
damage.
    Subd. 2. Environmental testing before eminent domain proceedings. (a) A state agency
by order of the commissioner or a political subdivision by resolution may enter property for
purposes of investigation, monitoring, testing, surveying, boring, or other similar activities
necessary or appropriate to identify the existence and extent of a release or threat of release of a
hazardous substance, pollutant, or contaminant if:
(1) the state agency or political subdivision has reason to believe that acquisition of the
property may be required pursuant to eminent domain proceedings;
(2) the state agency or political subdivision has reason to believe that a hazardous substance,
pollutant, or contaminant is present on the property or the release of a hazardous substance,
pollutant, or contaminant may have occurred or is likely to occur on the property; and
(3) entry on the property for environmental testing is rationally related to health, safety, or
welfare concerns of the state agency or political subdivision in connection with possible eminent
domain proceedings.
(b) At least ten days before entering the property, the state agency or political subdivision
must serve notice on the property owner requesting permission to enter the property, stating the
approximate time and purpose of the entry, and giving the owner the option of refusing entry. The
notice shall also give the owner the option of requesting an equal amount of any sample or portion
taken from the property and a copy of any data obtained or report issued. If the property owner
refuses to consent to the entry, the state agency or political subdivision must apply for a court
order authorizing the entry and the removal of any sample or portion from the property, giving
notice of the court order to the property owner. The court shall issue an order if the state agency
or political subdivision meets the standards in paragraph (a). Notices under this paragraph must
be served in the same manner as a summons in a civil action.
(c) The state agency or political subdivision must do no unnecessary damage to the property
and shall restore the property to substantially the same condition in which it was found. If the
state agency or political subdivision removes a sample or portion of the property for investigation,
monitoring, or testing, or obtains any data or issues any report, it must give the property owner
an equal amount of the sample or portion and a copy of any data or report, if requested by the
property owner, and must permit the property owner to perform independent investigation,
monitoring, or testing of the sample or portion.
(d) The results of testing performed under paragraph (a) must be included in any
environmental assessment worksheet or environmental impact statement that the state agency or
political subdivision is required to prepare under chapter 116D.
History: 1971 c 595 s 5; 1991 c 224 s 1