2006 Minnesota Statutes

163.12 MS 1957 [Repealed, 1959 c 500 art 6 s 13]
163.12 ALTERNATIVE PROCEDURE FOR ACQUISITION.
    Subdivision 1. County board may elect. If the county board so elects, it may adopt the
procedure hereinafter set forth for the acquisition of lands or properties needed for the acquisition
or alteration of a county highway and county state-aid highways.
    Subd. 1a. Petition, notice, and access to information. (a) Upon passage of the resolution
specified in section 163.11, subdivision 2, a petition must be presented to the district court of the
county in which the land is located. The petition must describe each tract of land through which
the highway passes, state the purposes for which the land is proposed to be taken, and list the
names of all persons appearing of record or known to the county to be the landowners.
(b) Notice of the objects of the petition and of the time and place of presenting the notice
must be served, together with a copy of the resolution, upon each occupant of each tract of land
through which the highway passes at least 20 days before the hearing under subdivision 1b. If an
owner is not a resident of the state, or the owner's place of residence is unknown to the county,
service may be made by three weeks' published notice following the filing of an affidavit on
behalf of the county by the county's agent or attorney stating that the county:
(1) believes that the owner is not a resident of the state; and
(2) has either mailed a copy of the notice to the owner at the owner's last known residence
address or, after diligent inquiry, the owner's place of residence cannot be ascertained by the
county.
If the state is an owner, the notice must be served upon the attorney general. An owner not served
as provided in this subdivision is not bound by the proceeding, except if the owner voluntarily
appears in the proceeding.
(c) Within ten days of an owner's demand, the owner must be furnished a right-of-way map
or plat of all that part of the owner's land to be taken. Any applicable plans or profiles that the
county possesses must be made available to the owner for inspection.
    Subd. 1b. Finding of necessity. When proof of service of the notice required in subdivision
1a is filed with the court, the court shall hear all competent evidence offered for or against
granting the petition at the time and place fixed in the notice or otherwise set by the court. On
finding that the proposed taking is necessary and authorized by law the court shall order the
proceedings to commence pursuant to the remaining provisions of this section.
    Subd. 2. Time and place for hearing. Upon order by the court under subdivision 1b to
commence the proceedings the board shall fix the time and place it will meet. Notice of the
meeting, together with a copy of the resolution, shall be served upon each occupant of each
tract of land through which the highway passes at least ten days before the meeting. Ten days'
posted notice of the meeting shall also be given. Proof of service and affidavit of posting shall be
filed with the county auditor.
    Subd. 3. Hearing. The county board shall meet at the time and place designated and shall
proceed to view the premises affected. It shall hear all interested parties regarding damages
occasioned by the establishment or alteration of the highway.
    Subd. 4. Damages may be determined by written agreement. The damages may be
determined by written agreement. Every such agreement shall be filed with the county auditor and
shall be final as to the matters therein contained.
    Subd. 5. County board's determination of damages. The county board shall determine the
damages of those with whom no agreement can be reached or who are unknown. In making the
determination the board shall deduct from the damages sustained by each tract the money value of
the benefits, if any, accruing thereto, and award the difference as damages.
    Subd. 6. Awards filed; notification. The award of damages shall be filed with the county
auditor. Within seven days after filing the county auditor shall notify, in writing, each known
owner and occupant of each tract of the filing of the awards. The notification shall set forth the
date of the filing, the amount of the award of damages and any terms or conditions of the award.
    Subd. 7. Appeal from award. Within 40 days after the filing of the award of damages, any
owner or occupant may appeal from the award by filing a notice of the appeal with the court
administrator of the district court of the county where the lands lie. The notice of appeal shall be
accompanied by a bond of not less than $250, with sufficient surety approved by the judge or
by the county auditor, conditioned to pay all costs arising from the appeal in case the award is
sustained. A copy of the notice together with a copy of the bond shall be served upon the county
auditor. The notice of appeal shall specify the award or failure to award appealed from, the land to
which it relates, the nature and amount of the claim of appellant, and the grounds of the appeal.
    Subd. 8. Right to jury trial. The appeal shall be entered upon the calendar for trial at the
next general term of court occurring more than 20 days after the appeal is perfected. It shall be
tried in the same manner as an appeal in eminent domain proceedings under chapter 117. The
prevailing party shall recover costs and disbursements to be fixed and allowed as in other civil
cases and judgment shall be entered upon the verdict.
    Subd. 9. Payment. Upon stipulation in lieu of judgment or upon final judgment, the county
board shall promptly pay the amount so stipulated or the amount of the judgment. If no appeal
is taken from an award, the county board shall pay the award within 20 days after the time for
appeal has expired. The duty of the county board to pay the award or final judgment shall be held
and construed to be just compensation or the securing of just compensation within the meaning
of the Constitution.
    Subd. 10. Appeal not to delay prosecution of improvement. After the award of damages
has been filed, the board may proceed to open, construct, alter, or change the highway. An appeal
from the award of damages shall not delay the prosecution of the proposed improvement, and
the county board may proceed as if no appeal had been taken.
History: 1959 c 500 art 4 s 12; 1Sp1986 c 3 art 1 s 82; 2001 c 139 s 1-3