6. HRSR 03-06-2006 - Laserfiche WebLink

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H.F. No. 2895, as introduced - 84th Legislative Session (2005-2006) Page 6 of 11 7.12 If the state is an owner, the notice must be served upon the attorney general. An owner 7.13 not served as provided in this subdivision is not bound by the proceeding, except if the 7.14 owner voluntarily appears in the proceeding. 7.15 (c) Within ten days of an owner's demand, the owner must be furnished a 7.16 right-of-way map or plat of all that part of the owner's land to be taken. Any applicable 7.17 plans or profiles that the county possesses must be made available to the owner for 7.18 inspection. 7.19 (d) The notice must state that• U a party wishing to challenge the public purpose 7.20 necessity or authority for the taking must appear at the court hearing and state the 7.21 objection' (2) failure to appear and object is deemed a waiver of any objection; and (3) a 7.22 court order approving the public purpose necessity and authority for the taking is final 7.23 unless an appeal is brought within 60 des after service of the order on the party. 7.24 Sec. 11. Minnesota Statutes 2004, section 163.12, subdivision 1 b, is amended to read: 7.25 Subd. 1 b. Finding of necessity. When proof of service of the notice required in 7.26 subdivision 1 a is filed with the court, the court shall hear all competent evidence offered 7.27 for or against granting the petition at the time and place fixed in the notice or otherwise set 7.28 by the court. On finding that the proposed taking is necessary and authorized by law the 7.29 court shall order the proceedings to commence pursuant to the remaining provisions of 7.30 this section. The court order finding the taking necessary and authorized by law is a final 7.31 order and must be appealed within 60 days from its service on the party. 7.32 Sec. 12. Minnesota Statutes 2004, section 469.012, subdivision 1 g, is amended to read: 7.33 Subd. 1g. Get property; eminent domain. (a) An authority may, within its area of 7.34 operation, acquire real or personal property or any interest therein by gifts, grant, purchase, 8.1 exchange, lease, transfer, bequest, devise, or otherwise, and by the exercise of the power 8.2 of eminent domain, in the manner provided by chapter 117, acquire real property which it 8.3 may deem necessary for its purposes, after the adoption by it of a resolution declaring that 8.4 the acquisition of the real property is necessary: 8.5 (1) to eliminate one or more of the conditions found to exist in the resolution adopted 8.6 pursuant to section 469.003 or to provide decent, safe, and sanitary housing for persons 8.7 of low and moderate income; or 8.8 (2) to carry out a redevelopment project. 8.9 (b) Real property needed or convenient for a project may be acquired by the 8.10 authority for the project by condemnation pursuant to this section and section 469.401. 8.11 8.12 , 8.13 8.14 , 8.15 8.16 8.17 8.18 , 8.19 , 8.20 ~ , http: //www.revisor.leg. state.mn.us/bin/bldbill.php?bill=H2895.O.htm1&session=ls 84&print... 2/28/2006