1997 Minnesota Statutes

     117.055 Petition and notice.  

    In all cases a petition, describing the desired land, 
 stating by whom and for what purposes it is proposed to be 
 taken, and giving the names of all persons appearing of record 
 or known to the petitioner to be the owners thereof shall be 
 presented to the district court of the county in which the land 
 is situated praying for the appointment of commissioners to 
 appraise the damages which may be occasioned by such taking.  
 Notice of the objects of the petition and of the time and place 
 of presenting the same shall be served at least 20 days before 
 such time of presentation upon all persons named in the petition 
 as owners as defined in section 117.025, subdivision 3, and upon 
 all occupants of such land in the same manner as a summons in a 
 civil action.  If any such owner be not a resident of the state, 
 or the owner's place of residence be unknown to the petitioner, 
 upon the filing of an affidavit of the petitioner or the 
 petitioner's agent or attorney, stating that the petitioner 
 believes that such owner is not a resident of the state, and 
 that the petitioner has mailed a copy of the notice to the owner 
 at the owner's place of residence, or that after diligent 
 inquiry the owner's place of residence cannot be ascertained by 
 the affiant, then service may be made upon such owner by three 
 weeks' published notice.  If the state be an owner, the notice 
 shall be served upon the attorney general.  Any owner not served 
 as herein provided shall not be bound by such proceeding except 
 upon voluntarily appearing therein.  Any owner shall be 
 furnished a right of way map or plat of all that part of land to 
 be taken upon written demand, provided that the petitioner shall 
 have ten days from the receipt of the demand within which to 
 furnish the same.  Any plans or profiles which the petitioner 
 has shall be made available to the owner for inspection.  

    HIST: 1971 c 595 s 8; 1986 c 444