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S.F. No. 2750, 4th Engrossment - 84th Legislative Session (2005-2006) Page 6 of 12 7.16 accomplish those public uses or public purposes 7.17 Sec. 6. Minnesota Statutes 2004, section 117.055, is amended to read: 7.18 117.055 PETITION AND NOTICE. 7.19 Subdivision 1. Petition. In all cases a petition, describing the desired land, stating by 7.20 whom and for what purposes it is proposed to be taken, and giving the names of all persons 7.21 appearing of record or known to the petitioner to be the owners thereof shall be presented 7.22 to the district court of the county in which the land is situated praying for the appointment 7.23 of commissioners to appraise the damages which may be occasioned by such taking. 7.24 Subd. 2. Notice. Notice of the objects of the petition and of the time and place of 7.25 presenting the same shall be served at least 20 days before such time of presentation upon 7.26 all persons named in the petition as owners as defined in section 117.025, subdivision 3, 7.27 and upon all occupants of such land in the same manner as a summons in a civil action. 7.28 (b) The notice must state that 7.29 L1) a party wishing to challenge the public use or public purpose necessity or 7.30 authority for a taking must appear at the court hearing and state the objection or must 7.31 appeal within 60 days of a court order and 7.32 (2) a court order approving the public use or public purpose necessity and authority 7.33 for the taking is final unless an appeal is brought within 60 days after service of the 7.34 order on the partk 8.1 ~If any such owner be not a resident of the state, or the owner's place of residence 8.2 be unknown to the petitioner, upon the filing of an affidavit of the petitioner or the 8.3 petitioner's agent or attorney, stating that the petitioner believes that such owner is not 8.4 a resident of the state, and that the petitioner has mailed a copy of the notice to the 8.5 owner at the owner's place of residence, or that after diligent inquiry the owner's place 8.6 of residence cannot be ascertained by the affiant, then service may be made upon such 8.7 owner by three weeks' published notice. If the state be an owner, the notice shall be 8.8 served upon the attorney general. Any owner not served as herein provided shall not be 8.9 bound by such proceeding except upon voluntarily appearing therein. Any owner shall 8.10 be furnished aright-of-way map or plat of all that part of land to be taken upon written 8.11 demand, provided that the petitioner shall have ten days from the receipt of the demand 8.12 within which to furnish the same. Any plans or profiles which the petitioner has shall be 8.13 made available to the owner for inspection. 8.14 Sec. 7. Minnesota Statutes 2004, section 117.075, subdivision 1, is amended to read: 8.15 Subdivision 1. Hearing on taking: evidentiary standard. Upon proof being 8.16 filed of the service of such notice, the court, at the time and place therein fixed or to which 8.17 the hearing may be adjourned, shall hear all competent evidence offered for or against the 8.18 granting of the petition, regulating the order of proof as it may deem best. 8.19 (b) If the taking is for the mitigation of a blighted area remediation of an 8.20 environmentally contaminated area reducing abandoned property or removing a 8.21 public nuisance. then notwithstanding any other provision of general or special law a 8.22 condemning authority must show the district court by preponderance of the evidence that 8.23 the taking is necessary and for the designated public use 8.24 (c) A court order approving the public use or public purpose necessity and authority http://www.revisor.leg. state.mn.us/bin/bldbill.php?bill=52750.4.htm1&session=1s84&print=l 4/7/2006