6. HRSR 03-06-2006 - Laserfiche WebLink

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H.F. No. 2895, as introduced - 84th Legislative Session (2005-2006) Page 2 of 11 2.12 authority under paragraph (a) and at least 30 days before a condemnation commissioners' 2.13 hearing. For purposes of this paragraph, a "minimum damage acquisition" means an 2.14 interest in property that a qualified person with appraisal knowledge indicates can be 2.15 acquired for a cost of $10 000 or less For purposes of this paragraph "agricultural 2.16 property" has the meaning given in section 583.22 subdivision 2. 2.17 (c) The awiring authority must pay the reimbursement to the fee owner or contract 2.18 purchaser within 30 days after receiving a copy of the appraisal and the reimbursement 2.19 information. Upon agreement between the acquiring authority and either the fee owner 2.20 or contract purchaser the acquiring authority maypay the reimbursement directly to 2.21 the appraiser. 2.22 Subd. 3. Negotiation. In addition to the appraisal requirements under subdivision 2, 2.23 before commencing an eminent domain proceeding, the acquiring authority must make a 2.24 good faith attempt to negotiate personally with the fee owner or contract purchaser of the 2.25 property in order to acquire the property by direct purchase instead of the use of eminent 2.26 domain proceedings. In making this negotiation, the acquiring authority must consider 2.27 the appraisals in its possession including any appraisal obtained and furnished by the fee 2.28 owner or contract purchaser if available, and other information that may be relevant to a 2.29 determination of damages under this chapter. 2.30 Subd. 4. Condemnation commissioners' hearing. Notwithstanding section 13.44, 2.31 an appraisal must not be used or considered in a condemnation commissioners' hearing, 2.32 nor may the appraiser who prepared the appraisal testify unless a copy of the appraiser's 2.33 written report is provided to the opposing arty at least five days before the hearing. 2.34 Sec. 2. Minnesota Statutes 2004, section 117.055, is amended to read: 2.35 117.055 PETITION AND NOTICE. 3.1 Subdivision 1. Petition. In all cases a petition, describing the desired land, stating by 3.2 whom and for what purposes it is proposed to be taken, and giving the names of all persons 3.3 appearing of record or known to the petitioner to be the owners thereof shall be presented 3.4 to the district court of the county in which the land is situated praying for the appointment 3.5 of commissioners to appraise the damages which may be occasioned by such taking. 3.6 Subd. 2. Notice. (Notice of the objects of the petition and of the time and place of 3.7 presenting the same shall be served at least 20 days before such time of presentation upon 3.8 all persons named in the petition as owners as defined in section 117.025, subdivision 3, 3.9 and upon all occupants of such land in the same manner as a summons in a civil action. 3.10 (b) The notice must state that: (~ a party wishing to challenge the public purpose, 3.11 necessity or authority for a taking must appear at the court hearing and state the objection; 3.12 {2) failure to appear and object is deemed a waiver of any objection; and (3) a court order 3.13 ap rp oving the public purpose, necessity, and authority for the taking is final unless an 3.14 appeal is brought within 60 days after service of the order on the party. 3.15 ~If any such owner be not a resident of the state, or the owner's place of residence 3.16 be unknown to the petitioner, upon the filing of an affidavit of the petitioner or the 3.17 petitioner's agent or attorney, stating that the petitioner believes that such owner is not 3.18 a resident of the state, and that the petitioner has mailed a copy of the notice to the 3.19 owner at the owner's place of residence, or that after diligent inquiry the owner's place 3.20 of residence cannot be ascertained by the affiant, then service may be made upon such http://www.revisor.leg. state.mn.us/bin/bldbill.php?bill=H2895.O.html&session=ls84&print... 2/28/2006