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10.0 EDSR 02-13-2006
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10.0 EDSR 02-13-2006
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2/13/2006
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FEB-18-2006 09 48 LERGUE OF MN CITIES 6512811299 P.04 <br />02/07/06 REVISOR JSI~lMI{ 06-5594 <br />3.t appearing of record or known to the petitioner to be the owners thereof shall be prtsented <br />3.2 to the district court of the county in which the land is situated praying for the appointment <br />3.3 of commissioners to appraise the damages which may be occasioned by such takigg. <br />3.a Subd. 2. Notice. Notice of t)te objccls of the petition and of the time and place of <br />3.5 presenting the same shall be served at least ZO days before such time of presentation upon <br />3.s all pttsons named in the petition as owners as defined in section 117.025, subdivision 3, <br />3.7 and upon all occupants of such ]and in the same manner as a summons in a civil action. <br />3s (b) The notice must state that (1) a party wishin¢ to challea¢e the public purpose <br />3.9 necessity, or authotirv for a takin¢ must appcaz et the court heain¢ and state the obiection- <br />a.to (2) failure to appear and obiect is deemed a waiver of any obiection: and (3) a court order <br />3.tt approving the public put-„pose necessity, and authority for the takin¢ is final unless an <br />3.t2 appeal is brou¢ht within GO davs after service of the order on the nariv <br />a.t3 ~If any such owner be not a resident of the state, or the owner's place of residence <br />3.ta be unknown to the pehitioney upon the filigg of an atFadavit of the petitioner or the <br />3.15 petitioner's agent or attorney, stating that the petitioner believes Utat such owner is not <br />a.te a resident of the state, and that the petitioner has mailed a copy of the notice to the <br />3.17 owner al the owner's place of residence, or that after diligent inquiry the owner's place <br />s.t a of residence cannot be ascertained by the afliant, then aervicc may be made upon such <br />3.19 owner by three weeks' published notice. If the state be an owner, the notice shall be <br />Sao served upon the attorney general. Any owner not served as herein prodded shall not be <br />3.zt bound by such proceeding except upon voluntarily appearing therein. Any owner shall <br />3a2 be famished aright-of--way map or plat of al] that part of ]and to be taken upon written <br />3.z3 demand, provided that the petitioner shall have ten days from the receipt of the demand <br />3aa within which to famish the same. Any plans or profiles which the petitioner has shall be <br />ass made available to the owner for inspection. <br />3.26 Sec. 3. Mimtesota Statutes 2004, section l I7.075, is amended by adding a subdivision <br />3.x7 to read: <br />3.zs Subd. la. Appeal of order. A partv wishine to challen¢e the nublic pumose <br />3.z9 necessity. or auhoriy for a takin¢ must aaoear at the court hearine required by subdivision <br />a 30 1 and state the obiection. Failure to appear and obicct is deemed a waiver of env obiection <br />3.31 A court order approvin¢ the nublic vuroose necessity and suthorirv for the taken¢ is final <br />3.32 unless an appeal is brought within 60 davs aftor service of the order on the party <br />3.33 Sec, 4, Minnesota Statutes 2004, section 1 ] 7.075, is amended by adding a subdivision <br />3.34 to read: <br />Sec. 4. g <br />
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