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

Home Browse Search

H.F. No. 2895, as introduced - 84th Legislative Session (2005-2006) Page 3 of 8 4 .5 Sec. 5. Minnesota Statutes 2004, section 117.085, is amended to read: 4 .6 117.085 COMlQISSIONERS, POP7ERS, DDTIES. 4 .7 The commissioners, having been duly sworn and qualified according to law, 4 .8 meet as directed by the order of appointment and hear the allegations and 4 .9 persons interested touching the matters to them committed. They may adjoux 4 .10 to time and from place to place within the county, giving oral notice to t 4 .11 the time and place of their next meeting. All testimony taken by them shal 4 .12 publicly, under oath, and in their presence. They shall view the premises, 4 .13 them may subpoena witnesses, which shall be served as subpoenas in civil a 4 .14 served, and at the cost of the parties applying therefor. If deemed necess 4 .15 require the petitioner or owner to furnish for their use maps, plats, and 4 .16 which the petitioner or owner may have showing the nature, character, and 4 .17 proposed undertaking and the situation of lands desired therefor. In prope 4 .18 reserve to the owner a right-of-way or other privilege in or over the lane 4 .19 reasonable conditions to such taking in addition to the damages given or t 4 .20 an alternative award, conditioned upon the granting or withholding of the 4 .21 Without unreasonable delay they shall make a separate assessment and aware 4 .22 damages which in their judgment will result to each of the owners of the 1 4 .23 of such taking and report the same to the court. The commissioners shall r 4 .24 amount of the damages awarded because the land being taken is, at the time 4 .25 valued under section 273.111, designated as an agricultural preserve unde 4 .26 The commissioners, in all such proceedings, may in their discretion allow 4 .27 separately in addition to the award of damages, reasonable appraisal fees 4 .28 total of $,SGQ $1,500 for single family and two-f amily residential property 4 .29 _ Qroperty, and minimum damage acquisitions and $5 000 for other types of ps 4 .30 request of an owner the commissioners shall show in their report the amour 4 .31 of damages which is to reimburse the owner and tenant or lessee for the va 4 .32 taken, and the amount of the award of damages, if any, which is to reimbux 4 .33 and tenant or lessee for damages to the remainder involved, whether or not 4 .34 the petition. The amounts awarded to each person shall also be shown sepax 4 .35 commissioners shall, if requested by any party, make an express finding of 5 .1 cost of removal and remedial actions that will be necessary on the taken p 5 .2 of existing environmental contamination. 5 .3 Sec. 6. [117.2267 RIGHT OF FIRST RSFIISAL. 5 .4 (a) If the governing body of the acquiring authority determines that publi 5. 5 property acquired under this chapter has not been used and is no longer ne 5. 6 purpose for which it was originally acquired, the authority must offer to 5. 7 to the owner from whom it was acquired. If the former owne r can be locates 5. 8 _ authority must offer to sell the property at the current fair market value 5. 9 the current fair market value is less than what the acquiring authority ps 5. 10 the acquiring authority must offer to sell the property for the amount tha 5. 11 authority paid when it originally acquired the property. 5. 12 (b) The acquiring authority must attempt to locate the former owner by: 5. 13 (1) sending notice of the right of first refusal by first class mail to tY 5. 14 _ address of the former owner; and 5. 15 (2) providing two weeks' published notice of the right of first refusal it 5. 16 of general circulation. 5. 17 (c) If the former owner cannot be located or declines to repurchase the px 5. 18 within 60 days of providing the notice described in paragraph (b) the ace 5. 19 shall prepare a certificate attesting to the same and record the certifica 5. 20 county recorder or county registrar of titles, as appropriate, to evidence 5. 21 __ the right of first refusal. 5. 22 (d) This section shall not apply: 5. 23 (1) if the acquiring authority has an alternative use for the property ans 5. 24 would remain in public ownership or 5. 25 (2) to acquisitions of property for transportation purposes made by the cc 5. 26 ___ of transportation. 5. 27 Sec. 7. Minnesota Statutes 2004, section 117.51, is amended to read: http://www.revisor.legstate.mn.us/bin/bldbill.php?bill=H2895.0.htm1&session=1s84 3/9/2006 __