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<br />429.061, MinnesDta Statutes 2006
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<br />Minnesota Statutes Table of Chapters Chapter 429 Table of Contents
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<br />429.061, Minnesota Statutes 2006
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<br />Copyright@ 2006 by the Office of Revisor of Statutes, State of Minnesota.
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<br />429.061 ASSESSMENT PROCEDURE.
<br />Subdivision I. Calculation, notice. At any time after the expense incurred or to be incurred
<br />in making an improvement shall be calculated under the direction of the council, the council
<br />shall determine by resolution the amount of the total expense the municipality will pay, other
<br />than the amount, if any, which it will pay as a property owner, and the amount to be assessed. If a
<br />county proposes to assess within the boundaries of a city for a county state-aid highway or county
<br />highway, including curbs, gutters, and storm sewers, the resolution must include the portion of
<br />the cost proposed to be assessed within the city. The county shall forward the resolution to the
<br />city and it may not proceed with the assessment procedure nor may the county allocate any
<br />cost under this section for property within the city unless the city council adopts the resolution
<br />approving the assessment. Thereupon the clerk, with the assistance of the engineer or other
<br />qualified person selected by the council, shall calculate the proper amount to be specially assessed
<br />for the improvement against every assessable lot, piece or parcel of land, without regard to cash
<br />valuation, in accordance with the provisions of section 429.051. The proposed assessment roll
<br />shall be filed with the clerk and be open to public inspection. The clerk shall thereupon, under the
<br />council's direction, publish notice that the council will meet to consider the proposed assessment.
<br />Such notice shall be published in the newspaper at least once and shall be mailed to the owner of
<br />each parcel described in the assessment roll. For the purpose of giving mailed notice under this
<br />subdivision, owners shall be those shown to be such on the records of the county auditor or, in
<br />any county where tax statements are mailed by the county treasurer, on the records of the county
<br />treasurer; but other appropriate records may be used for this purpose. Such publication and mailing
<br />shall be no less than two weeks prior to such meeting of the council. Except as to the owners of tax
<br />exempt property or property taxes on a gross earnings basis, every property owner whose name
<br />does not appear on the records of the county auditor or the county treasurer shall be deemed to
<br />have waived such mailed notice unless the owner has requested in writing that the county auditor
<br />or county treasurer, as the case may be, include the name on the records for such purpose. Such
<br />notice shall state the date, time, and place of such meeting, the general nature of the improvement,
<br />the area proposed to be assessed, the total amount of the proposed assessment, that the proposed
<br />assessment roll is on the file with the clerk, and that written or oral objections thereto by any
<br />property owner will be considered. The notice must also state that no appeal may be taken as to
<br />the amount of any assessment adopted pursuant to subdivision 2, unless a written objection signed
<br />by the affected property owner is filed with the municipal clerk prior to the assessment hearing or
<br />presented to the presiding officer at the hearing. The notice shall also state that an owner may
<br />appeal an assessment to district court pursuant to section 429.081 by serving notice of the appeal
<br />upon the mayor or clerk of the municipality within 30 days after the adoption of the assessment
<br />and filing such notice with the district court within ten days after service upon the mayor or clerk.
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<br />http://www.revisor.leg.state.mn.us/bin/getpub.php?type=s&num=429 .061 &year=2006
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<br />5/24/2007
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