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S.F. No. 2754, Sth Engrossment - 84th Legislative Session (2005-2006) Page 7 of 13
<br />�.2� {�� �f any such owner be not a resident of the state, or the owner's place of residence
<br />�.23 be unknown to the petitioner, upon the filing of an affida�it of the petitioner or the
<br />�.2� petitioner's agent or attorney, stating that the petitioner believes that such owner is not
<br />�.�6 a resident of the state, and that the petitioner has mailed a copy of the notice to the
<br />�.�� owner at the owner's place of residence, or that after diligent inquiry the owner's place
<br />�,�'� of residence cannot be ascertained by the affiant, then service may be made upon such
<br />�.�� owner by three weeks' published notice. If the state be an owner, the notice shall be
<br />�.�� served upon the attorney general. Any owner not served as herein provided shall not be
<br />�.3� bound by such proceeding except upon voluntarily appearing therein. Any owner shall
<br />�,�1 be furnished a right-of-way map or plat of all that part of land to be taken upon written
<br />�,�� demand, provided that the petitioner shall have ten days from the receipt of the demand
<br />�,�� within which to furnish the same. Any plans or profiles which the petitioner has shall be
<br />�,�� made available to the owner for inspection.
<br />�.1 Sec. 8. Minnesota Statutes 2004, section 117.075, subdivision 1, is amended to read:
<br />�.� Subdivision 1. Hearing on taking; evidentiary standard. �aj_Upan proof being
<br />�_3 filed of the service of such notice, the court, at the time and place therein fixed or to which
<br />9_� the hearing may be adjourned, shall hear all competent evidence offered for or against the
<br />9_� granting of the petition, regulating the order of proof as it may deem best.
<br />9_r (�) If the taking is for the mitiaation of a blighted area, remediation of �n
<br />9_� enviranmentally cnntaminated �r��. r�����n� abandoned propertv, or r�mo+��r�� �
<br />�.� public nuisance, then, notwithstandina any other provision of aeneral or special law, a
<br />�,� eondemnina authoritv must show t� d��r�j court b�preponderance �� �� evidence that
<br />�,7 Q the faking i5 necessary and for the designated �ublic use.
<br />A,�� ��� }� �v�+rt order appro�ing the public use or public purpose, necessi and authority
<br />9,�� for the tak��q,�.�y�? unless an ��o-�al �s ��r�gltit within 60 days after s.�r�.i� �,d±x�
<br />�, �� order on the part�r.
<br />� 1� Sec. 9. Minnesota Statutes 2004, section 117.085, is amended to read:
<br />� 1� 117.085 COMMISSIONERS, POWERS, DUTIES.
<br />� 1� The commissioners, having been duly sworn and qualified according to law, shall
<br />9 1� meet as directed by the order of appointment and hear the allegations and proofs of all
<br />9 7� persons interested touching the matters to them committed. They may adjourn from time
<br />9 7� to time and from place to place within the county, giving oral notice to those present of
<br />9.�� the time and place of their next meeting. All testimony taken by them shall be given
<br />�.�� publicly, under oath, and in their presence. They shall view the premises, and any of
<br />�.�� them may subpoena witnesses, which shall be served as subpoenas in civil actions are
<br />�.�� served, and at the cost of the parties applying therefor. If deemed necessary, they may
<br />�.�� require the petitioner or owner to furnish for their use maps, plats, and other information
<br />�. �� which the petitioner or owner may have showing the nature, character, and extent of the
<br />�.2� proposed undertaking and the situation of lands desired therefor. fn proper cases they
<br />�.2� may reserve to the owner a right-of-way or other privilege in or over the land taken, or
<br />9.2� attach reasonable conditions to such taking in addition to the damages given or they may
<br />9_�� make an alternative award, conditioned upon the granting or withholding of the right
<br />�_3� specified. Wthout unreasonable delay they shall make a separate assessmentand award
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