1999 Minnesota Statutes

  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. 2.    Time and place for hearing.  Upon passage 
 of the resolution specified in section 163.11, subdivision 2, 
 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.  

    HIST: 1959 c 500 art 4 s 12; 1Sp1986 c 3 art 1 s 82