INFORMATION #2 EDSR 03-13-2006 - Laserfiche WebLink

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S.F. No. 2694, as introduced - 84th Legislative Session (2005-2006) Page 2 of 8 2. 18 purchaser within 30 days after receiving a copy of the appraisal and the 1 2 .19 information. Upon a reement between the acguirin authority and either the 2 .20 or contract purchaser the acquiring authority may pay the reimbursement c 2. 21 the appraiser. 2. 22 Subd. 3. Negotiation. In addition to the app raisal requirements under 2. 23 before commencing an eminent domain proceeding, the acquiring authority mti 2. 24 good faith attempt to negotiate personally with the fee_owner or contract 2. 25 property in order to acquire the property by dir ect purchase instead of tt 2. 26 domain proceedings. In making this negotiation, the acquiring authority mti 2. 27 the appraisals in its possession, including any appraisal obtained and fur 2. 28 owner or contract purchaser if available and ot her information that may k 2. 29 determination of damages under this chapter. 2. 30 Subd. 4. Condemnation commissioners' hearing . Notwithstanding section 2. 31 an appraisal must not be used or considered in a condemnation commissioner 2. 32 nor may the appraiser who prepared the appraisal testif y, unless a copy of 2. 33 written report is provided to the opposing party _ at least five days before 2 .34 Sec. 2. Minnesota Statutes 2004, section 117.055, is amended to read: 2 .35 117.055 PETITION AND NOTICE. 3 .1 Subdivision 1. Petition. In all cases a petition, describing the desix 3 .2 whom and for what purposes it is proposed to be taken, and giving the name 3 .3 appearing of record or known to the petitioner to be the owners thereof sY 3 .4 to the district court of the county in which the land is situated praying 3 .5 of commissioners to appraise the damages which may be occasioned by such t 3 .6 Subd. 2. Notice. (a) Notice of the objects of the petition and of the 3 .7 presenting the same shall be served at least 20 days before such time of F 3 .8 all persons named in the petition as owners as defined in section 117.02 3 .9 and upon all occupants of such land in the same manner as a summons in a c 3 .10 (b) The notice must state that (1) a party wishing to challenge the publi 3 .11 necessity or authority for a taking must appear at the court hearing and 3 .12 (2) failure to appear and object is deemed a waiver of any objection; and 3 .13 approving the public purpose necessity and authority for the taking is f 3. 14 appeal is brought within 60 days after service of the order on the party. 3. 15 (c) If any such owner be not a resident of the state, or the owner's place 3. 16 be unknown to the petitioner, upon the filing of an affidavit of the petit 3. 17 petitioner's agent or attorney, stating that the petitioner believes that 3. 18 a resident of the state, and that the petitioner has mailed a copy of the 3. 19 owner at the owner's place of residence, or that after diligent inquiry tY 3. 20 of residence cannot be ascertained by the affiant, then service may be mac 3. 21 owner by three weeks' published notice. If the state be an owner, the noti 3. 22 served upon the attorney general. Any owner not served as herein provided 3. 23 bound by such proceeding except upon voluntarily appearing therein. Any ox 3. 24 be furnished a right-of-way map or plat of all that part of land to be tak 3. 25 demand, provided that the petitioner shall have ten days from the receipt 3. 26 within which to furnish the same. Any plans or profiles which the petition 3. 27 made available to the owner for inspection. 3 3 3 .28 .29 .30 Sec. to read: Subd 3. Minnesota Statutes 2004, . la. Appeal of order. A part section 117.075, is amended by addinc y wishing to challenge the public pun 3 .31 necessit y or authority for a taking must appear at the court hearing regL 3 .32 1 and st ate the objection. Failure to appear and object is deemed a waiver 3. 33 A court order approving the public pu rpose necessity, and authority for t 3 .34 unless a n appeal is brought within 60 days after service of the order on t 4. 4. 4. 1 2 3 Sec. to read: Subd 4. Minnesota Statutes 2004, section 117.075, is amended by addinc . lb. Attorney fees. If the court determines that a taking is not 4. 4 purpose or is unlawful the court may award the owner reasonable attorney http://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=S2694.0.htm1&session=1s84 3/9/2006 __ __..