1998 Minnesota Statutes

     161.176 Powers of appeal board.  

    Subdivision 1.    Hearing.  The highway appeal board 
 shall, on notice to the commissioner and the affected 
 municipalities, hold an appeal hearing on the entire highway 
 layout plan as proposed by the commissioner, and alternates 
 consistent with minimum federal requirements that are presented 
 by the disapproving municipalities.  The board shall take into 
 consideration all aspects of the proposal including highway 
 design, economic development, aesthetics, urban and rural 
 planning, agriculture, transportation planning, and all other 
 factors concerning highways.  After considering all the evidence 
 in the record, the appeal board shall issue an order approving 
 the commissioner's proposed highway layout plan or one of the 
 alternatives.  The appeal board shall be limited in its ruling 
 to any previously submitted layout plan of the commissioner or 
 an alternate presented by the community in response to the 
 commissioner.  A copy of the order and a memorandum setting 
 forth the reasons therefor shall be filed with the secretary of 
 state, and shall be mailed to the commissioner and each 
 municipality or agency entitled to receive notice of the layout 
 hearing. If the cost is not substantially in excess of the 
 programmed estimates for projects included in the commissioner's 
 current construction program the commissioner shall construct 
 the plan approved by the board in accordance with the original 
 program schedule.  

    Subd. 2.    Investigatory powers.  The chair of the 
 board, or any member thereof, shall have the power to subpoena 
 witnesses; to administer oaths, and to compel the production of 
 books, records, and other evidence.  The rules of evidence and 
 procedure for the trial of civil matters shall apply, but such 
 rules may be modified by the board when it is deemed necessary. 
 All evidence, including records and documents in the possession 
 of the board of which it desires to avail itself, shall be 
 offered and made a part of the record in the proceeding, and no 
 other factual information or evidence shall be considered in the 
 determination of the matter.  Documentary evidence may be 
 received in the form of copies or excerpts, or by incorporation 
 by reference.  The board shall cause a record of all proceedings 
 before it to be made and filed with the chair of the board.  
 Copies thereof shall be made available upon such terms and 
 conditions as the board shall prescribe.  

    Subd. 3.    Compensation; reimbursement of expenses.  
 Members of the highway appeal board shall receive per diem 
 compensation in the amount of $100 for the time spent in 
 disposing of matters presented to the board.  Board members 
 shall be reimbursed for all reasonable expenses incurred by them 
 in the performance of their duties including all costs incurred 
 in connection with any hearing.  

    Subd. 4.    Expenses of parties.  Each party to the 
 appeal shall submit to the appeal board an itemized list of the 
 expenses incurred in preparing its layout plan and presenting 
 the appeal.  The appeal board may determine what portion, if 
 any, of a municipality's expenses incurred for the services and 
 disbursements of persons not regularly employed by the 
 municipality will be reimbursed from the trunk highway fund.  

    HIST: 1969 c 312 s 6; 1986 c 444