Minnesota Legislature
Office of the Revisor of Statutes
2006 Minnesota Statutes
This is an historical version of this statute chapter. Also view the most recent published version.
117.055 PETITION AND NOTICE.
Subdivision 1. Petition. 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.
Subd. 2. Notice. (a) 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.
(b) The notice must state that:
(1) a party wishing to challenge the public use or public purpose, necessity, or authority
for a taking must appear at the court hearing and state the objection or must appeal within 60
days of a court order; and
(2) a court order approving the public use or public purpose, necessity, and authority for the
taking is final unless an appeal is brought within 60 days after service of the order on the party.
(c) 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.
History: 1971 c 595 s 8; 1986 c 444; 2006 c 214 s 7
Subdivision 1. Petition. 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.
Subd. 2. Notice. (a) 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.
(b) The notice must state that:
(1) a party wishing to challenge the public use or public purpose, necessity, or authority
for a taking must appear at the court hearing and state the objection or must appeal within 60
days of a court order; and
(2) a court order approving the public use or public purpose, necessity, and authority for the
taking is final unless an appeal is brought within 60 days after service of the order on the party.
(c) 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.
History: 1971 c 595 s 8; 1986 c 444; 2006 c 214 s 7
Official Publication of the State of Minnesota
Revisor of Statutes