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S.F. No. 2750, 4th Engrossment - 84th Legislative Session (2005-2006) Page 11 of 12 13.25 Regulations title 49, section 24.304, with respect to reimbursement of reestablishment 13.26 expenses for nonresidential moves are applicable except that the acquiring authority shall 13.27 reimburse the displaced business for expenses actually incurred up to a maximum of 13.28 50 000. 13.29 Sec. 20. Minnesota Statutes 2004, section 163.12, subdivision 1a, is amended to read: 13.30 Subd. 1a. Petition, notice, and access to information. (a) Upon passage of the 13.31 resolution specified in section 163.11, subdivision 2, a petition must be presented to the 13.32 district court of the county in which the land is located. The petition must describe each 13.33 tract of land through which the highway passes, state the purposes for which the land is 14.1 proposed to be taken, and list the names of all persons appearing of record or known to 14.2 the county to be the landowners. 14.3 (b) Notice of the objects of the petition and of the time and place of presenting the 14.4 notice must be served, together with a copy of the resolution, upon each occupant of 14.5 each tract of land through which the highway passes at least 20 days before the hearing 14.6 under subdivision 1 b. If an owner is not a resident of the state, or the owner's place of 14.7 residence is unknown to the county, service may be made by three weeks' published 14.8 notice following the filing of an affidavit on behalf of the county by the county's agent or 14.9 attorney stating that the county: 14.10 (1) believes that the owner is not a resident of the state; and 14.11 (2) has either mailed a copy of the notice to the owner at the owner's last known 14.12 residence address or, after diligent inquiry, the owner's place of residence cannot be 14.13 ascertained by the county. 14.14 If the state is an owner, the notice must be served upon the attorney general. An owner 14.15 not served as provided in this subdivision is not bound by the proceeding, except if the 14.16 owner voluntarily appears in the proceeding. 14.17 (c) Within ten days of an owner's demand, the owner must be furnished a 14.18 right-of-way map or plat of all that part of the owner's land to be taken. Any applicable 14.19 plans or profiles that the county possesses must be made available to the owner for 14.20 inspection. 14.21 (d) The notice must state that: 14.22 (1) a party wishing to challenge the public use or public purpose necessity or 14.23 authority for the taking must appear at the court hearing and state the objection; and 14.24 (2) a court order approving the public use or public purpose necessity and authority 14.25 for the taking is final unless an appeal is brought within 60 days after service of the 14.26 order on the party. 14.27 Sec. 21. Minnesota Statutes 2004, section 163.12, subdivision 1 b, is amended to read: 14.28 Subd. 1 b. Finding of necessity. When proof of service of the notice required in 14.29 subdivision 1a is filed with the court, the court shall hear all competent evidence offered 14.30 for or against granting the petition at the time and place fixed in the notice or otherwise set 14.31 by the court. On finding that the proposed taking is necessary and authorized by law the 14.32 court shall order the proceedings to commence pursuant to the remaining provisions of 14.33 this section. The court order finding the taking necessary and authorized by law is a final 14.34 order and must be appealed within 60 days from its service on the part http://www.revisor.leg. state.mn.us/bin/bldbill.php?bill=52750.4.htm1&session=ls84&print=l 4/7/2006