|
H.F. No. 2895, as introduced - 84th Legislative Session (2005-2006) Page 5 of 11
<br />6.3 Sec. 8. Minnesota Statutes 2004, section 117.52, subdivision 1, is amended to read:
<br />6.4 Subdivision 1. Lack of federal funding. In all acquisitions undertaken by any
<br />6.5 acquiring authority and in all voluntary rehabilitation carried out by a person pursuant
<br />6.6 to acquisition or as a consequence thereof, in which, due to the lack of federal financial
<br />6.7 participation, relocation assistance, services, payments and benefits under the Uniform
<br />6.8 Relocation Assistance and Real Property Acquisition Policies Act of 1970, United States
<br />6.9 Code, title 42, sections 4601 to 4655, as amended by the Surface Transportation and
<br />6.10 Uniform Relocation Assistance Act of 1987, Statutes at Large, volume 101, pages 246
<br />6.11 to 256 (1987), are not available, the acquiring authority, as a cost of acquisition, shall
<br />6.12 provide all relocation assistance, services, payments and benefits required by the Uniform
<br />6.13 Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended by
<br />6.14 the Surface Transportation and Uniform Relocation Assistance Act of 1987, and those
<br />6.15 regulations adopted pursuant thereto, and either (1) in effect as of d8S January 1,
<br />6.16 2006, or (2) becoming effective after X88 January 1, 2006, following a public
<br />6.17 hearing and comment. Comments received by an acquiring authority within 30 days after
<br />6.18 the public hearing must be reviewed and a written response provided to the individual or
<br />6.19 organization who initiated the comment. The response and comments may be addressed in
<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 a subdivision to
<br />6.22 read:
<br />6.23 Subd. 1a. Reestablishment costs limit. For purposes of relocation benefits paid in
<br />6.24 accordance with this section the limitation in Code of Federal Reaulations title 49, section
<br />6.25 24 304 with respect to reimbursement of reestablishment expenses for nonresidential
<br />6.26 moves an acquiring authority shall reimburse up to $50 000 for such expenses.
<br />6.27 Sec. 10. Minnesota Statutes 2004, section 163.12, subdivision 1 a, is amended to read:
<br />6.28 Subd. 1a. Petition, notice, and access to information. (a) Upon passage of the
<br />6.29 resolution specified in section 163.11, subdivision 2, a petition must be presented to the
<br />6.30 district court of the county in which the land is located. The petition must describe each
<br />6.31 tract of land through which the highway passes, state the purposes for which the land is
<br />6.32 proposed to be taken, and list the names of all persons appearing of record or known to
<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 presenting the
<br />7.2 notice must be served, together with a copy of the resolution, upon each occupant of
<br />7.3 each tract of land through which the highway passes at least 20 days before the hearing
<br />7.4 under subdivision 1 b. If an owner is not a resident of the state, or the owner's place of
<br />7.5 residence is unknown to the county, service may be made by three weeks' published
<br />7.6 notice following the filing of an affidavit on behalf of the county by the county's agent or
<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 last known
<br />7.10 residence address or, after diligent inquiry, the owner's place of residence cannot be
<br />7.11 ascertained by the county.
<br />http ://www.revisor.leg. state.mn.us/bin/bldbill.php?bill=H2895.O.html&session=ls84&print... 2/28/2006
<br />
|