1998 Minnesota Statutes

     161.175 Appeal board.  

    Upon the request of the commissioner an appeal board shall 
 be appointed.  One of the members shall be selected by the 
 governor and one by the governing body of the municipality 
 involved.  If more than one municipality is involved in the 
 proposal the governing bodies of the municipalities involved 
 shall appoint one member.  This appointment shall be made by 
 resolutions of the governing bodies of said municipalities which 
 resolutions shall be submitted to the governor.  When the 
 governor has received resolutions from a majority of the 
 municipalities involved designating the same person, said person 
 shall be deemed appointed.  If a majority of the municipalities 
 which must include all disapproving municipalities have not 
 agreed on the same person and submitted such resolutions to the 
 governor within 60 days after receipt of the commissioner's 
 request for an appeal board by the commissioner, then the chief 
 justice of the supreme court shall appoint such member upon 
 application by the commissioner upon five days' notice to all 
 municipalities involved.  The two members so selected shall 
 select a third member.  If they cannot agree on a third member 
 within 30 days after the last member was appointed, then the 
 chief justice of the supreme court shall appoint the third 
 member upon application of the commissioner after five days' 
 notice to the first two members.  The three persons so selected 
 and appointed shall serve as a highway appeal board and as such 
 board they shall choose a chair from among their members and 
 they shall have such duties and exercise such powers as are 
 hereinafter provided.  Members of the board shall not be 
 employees or consultants of any counties, the state of 
 Minnesota, or any of the municipalities involved in the proposal.

    HIST: 1969 c 312 s 5; 1986 c 444