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CHAPTER 16 <br /> • Minn.Stat.§ 117.055. The eminent domain procedure is initiated by a petition that <br /> must describe the land to be taken, and identify the <br /> landowners. The petition is presented to the district court of <br /> the county where the land is situated,asking that the <br /> commissioners appraise the damages that may be caused if the <br /> land is taken. At least 20 days prior to the presentation of the <br /> petition,notice of the petition and the time and place of its <br /> presentation must be served upon the landowners named in the <br /> petition. If certain landowners cannot be found, the petitioner <br /> may file an affidavit to that effect, and fulfill the notice <br /> requirement by publishing the required information in the <br /> official newspaper for three consecutive weeks. Landowners <br /> who are not served are not bound. <br /> A right of way map or plat must be served upon a landowner <br /> along with the written demand.The petitioner has 10 days to <br /> furnish the map following receipt of the written demand. <br /> 1995 Minn.Laws ch. 106 A recent legislative decision makes filing a notice of pendency <br /> (codified at Minn.Stat.§ in eminent domain proceedings mandatory and specifies that <br /> 117.065). <br /> the filing should be in the registrar of titles for registered land, <br /> in the county recorder for unregistered land,and in both for <br /> registered and unregistered land. <br /> 411 Relocation and appraisal fees <br /> Minn.Stat.§ 117.52. The city must pay relocation assistance and benefits to <br /> The Uniform Relocation residents or businesses the city displaces through eminent <br /> Assistance and Real Property domain or by purchase of property if federal relocation <br /> Acquisition Policies Act,42 assistance and benefits are not available. This is a cost that <br /> u.s.c.§§4601-4655. cities will incur with almost every acquisition, and the council <br /> should consider it in making a decision to acquire land. In <br /> some limited circumstances, owner-occupants may waive <br /> relocation benefits. <br /> The purchase of property with the proceeds of industrial <br /> revenue bonds does not constitute an acquisition that would <br /> require payment of relocation benefits. Also, utilities forced to <br /> move from a right of way do not qualify for relocation benefits. <br /> Minn.Stat.§§ 117.085; In both acquisitions by purchase and by eminent domain, the <br /> 117.232; 117.50-.56. owner is entitled to reimbursement for appraisal fees (not to <br /> • <br /> exceed$500) if the owner is otherwise entitled to <br /> reimbursement under federal law. The city as purchaser,must <br /> inform the owner of the right, if any, to reimbursement for <br /> appraisal fees, together with relocation costs, moving costs and <br /> any other related expenses the owner is entitled to under <br /> federal law. <br /> • <br /> 405 <br />