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H.F. No. 2895, as introduced - 84th Legislative Session (2005-2006)
<br />Page 4 of 8
<br />5.28 117.51 COOPERATION WITH FEDERAL AUTHORITIES.
<br />5.29 In all acquisitions undertaken by any acquiring authority and in all volur
<br />5.30 rehabilitation carried out by a person pursuant to acquisition or as a cor
<br />5.31 the acquiring authority shall cooperate to the fullest extent with federal
<br />5.32 agencies, and it shall take all necessary action in order to insure, to tY
<br />5.33 possible, federal financial participation in any and all phases of acquisi
<br />5.34 provision of relocation assistance, services, payments and benefits to dis
<br />6.1
<br />6.2
<br />6 .3 Sec. 8. Minnesota Statutes 2004, section 117.52, subdivision 1, is ame
<br />6 .4 Subdivision 1. Lack of federal funding. In all acquisitions undertaker
<br />6 .5 acquiring authority and in all voluntary rehabilitation carried out by a F
<br />6 .6 to acquisition or as a consequence thereof, in which, due to the lack of f
<br />6 .7 participation, relocation assistance, services, payments and benefits undo
<br />6 .8 Relocation Assistance and Real Property Acquisition Policies Act of 1970,
<br />6 .9 Code, title 42, sections 4601 to 4655, as amended by the Surface Transport
<br />6. 10 Uniform Relocation Assistance Act of 1987, Statutes at Large, volume 101,
<br />6. 11 to 256 (1987), are not available, the acquiring authority, as a cost of ac
<br />6. 12 provide all relocation assistance, services, payments and benefits require
<br />6. 13 Relocation Assistance and Real Property Acquisition Policies Act of 1970,
<br />6. 14 the Surface Transportation and Uniform Relocation Assistance Act of 1987,
<br />6. 15 regulations adopted pursuant thereto, and either (1) in effect as of -~
<br />6. 16 2006, or (2) becoming effective after Su'~~.~.,~°O~ January 1, 2006, folloti
<br />6. 17 hearing and comment. Comments received by an acquiring authority within 3C
<br />6. 18 the public hearing must be reviewed and a written response provided to the
<br />6. 19 organization who initiated the comment. The response and comments may be a
<br />6. 20 another public hearing by the acquiring authority before approval.
<br />6 .21 Sec. 9 . Minnesota Statutes 2004, section 117 .52, is amended by adding
<br />6. 22 read:
<br />6. 23 Subd. la. Reestablishment costa limit. For p urposes of relocation bene
<br />6. 24 accordance with this section the limitation in Code of Federal Requlatior
<br />6. 25 24.304, wi th respect to reimbursement of reestab lishment expenses for nonx
<br />6. 26 moves, an acquiring authority shall reimburse up to $50,000 for such expel
<br />6 .27 Sec. 10. Minnesota Statutes 2004, section 163.12, subdivision la, is
<br />6 .28 Subd. la. Petition, notice, and access to information. (a) Upon passac
<br />6 .29 resolution specified in section 163.11, subdivision 2, a petition must be
<br />6 .30 district court of the county in which the land is located. The petition mL
<br />6 .31 tract of land through which the highway passes, state the purposes for whi
<br />6 .32 proposed to be taken, and list the names of all persons appearing of recox
<br />6 .33 the county to be the landowners.
<br />7 .1 (b) Notice of the objects of the petition and of the time and place of pre
<br />7 .2 notice must be served, together with a copy of the resolution, upon each c
<br />7 .3 each tract of land through which the highway passes at least 20 days befox
<br />7 .4 under subdivision lb. If an owner is not a resident of the state, or the c
<br />7 .5 residence is unknown to the county, service may be made by three weeks' pL
<br />7. 6 notice following the filing of an affidavit on behalf of the county by the
<br />7. 7 attorney stating that the county:
<br />7. 8 (1) believes that the owner is not a resident of the state; and
<br />7. 9 (2) has either mailed a copy of the notice to the owner at the owner's las
<br />7. 10 residence address or, after diligent inquiry, the owner's place of resider
<br />7. 11 ascertained by the county.
<br />7. 12 If the state is an owner, the notice must be served upon the attorney gene
<br />7. 13 not served as provided in this subdivision is not bound by the proceeding,
<br />7. 14 owner voluntarily appears in the proceeding.
<br />7. 15 (c) Within ten days of an owner's demand, the owner must be furnished a
<br />7. 16 right-of-way map or plat of all that part of the owner's land to be taken.
<br />7. 17 plans or profiles that the county possesses must be made available to the
<br />http://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=H2895.0.htm1&session=1s84 3/9/2006
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