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S.F. No. 2750, 5th Engrossment- 84tii Legislative Session(2005-2006) Page 7 of 13
<br />8.22 � df any such owner be not a resident of the state, or the owner's place of residence
<br />8.23 be unknown to the petitioner, upon the filing of an affidavit of the petitioner or the
<br />8.24 petitioner's agent or attorney, stating that the petitioner believes that such owner is not
<br />8.25 a resident of the state, and that the petitioner has mailed a copy of the notice to the
<br />8.26 owner at the owner's place of residence, or that after diligent inquiry the owner's place
<br />8.27 of residence cannot be ascertained by the affianf, then service may be made upon such
<br />8.28 owner by three weeks' published notice. If the state be an owner, the notice shall be
<br />8.29 served upon the attorney general. Any owner not served as herein provided shall not be
<br />8.30 bound by such proceeding except upon voluntarily appearing therein. Any owner shall
<br />8.31 be furnished a right-of-way map or plat of all that part of land to be taken upon written
<br />8.32 demand, provided that the petitioner shall have ten days from the receipt of the demand
<br />8.33 within which to furnish the same. Any plans or profiles which the petitioner has shall be
<br />8.34 made available to the owner for inspection.
<br />91 Sec. 8. Minnesota Statutes 2004, section 117.075, subdivision l, is amended to read:
<br />9.2 Subdivision 1. Hearing on taking; evidentiary standard. (a)_Upon proof being
<br />9.3 filed of the service of such notice, the court, at the time and place therein fixed or to which
<br />9.4 the hearing may be adjourned, shall hear all competent evidence offered for or against the
<br />9.5 granting of the petition, regulating the order of proof as it may deem best.
<br />9.6 (b? If the takina is for the mitiaation of a blighted area, remediation of an
<br />9.7 environmentallv contaminated area. reducina abandoned proper#y, or removing2
<br />9.8 public nuisance, then. notwithstandina ��v other provision of aeneral or special law, a
<br />- 9.9 condemninq a�#horitY must show the district court bY preponderance of the evidence that
<br />9.10 the takina is necess�! and for the desianated public use.
<br />911 (c} A court order a r�p ovinq the pu�lic use or public purpose, necessity, and authorit�i
<br />9.12 for the takina is final unless an a�peal is brou�h_t within 60 davs after service of the
<br />9.13 order on the part rL.
<br />�.�� Sec. 9. Minnesota Statutes 2004, section ll7.085, is amended to read:
<br />9.1 � 117.085 COMMISSIONERS, POWERS, DUTIES.
<br />�.�C; The commissioners, having been duly sworn and qualified according to law, shall
<br />�. S.-r' meet as directed by the order of appointment and hear the allegations and proofs of all
<br />��.1� persons interested touching the matters to them committed. They may adjourn from time
<br />�_1� to time and from place to place within the county, giving oral notice to those present of
<br />-�:��} the time and place of their next meeting. All testimony taken by them shall be given
<br />�.�7 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 />9,�3 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 />9.� 5 which the petitioner or owner may have showing the nature, character, and extent of the
<br />�,�� proposed undertaking and the situation of lands desired therefor. I n proper cases they
<br />�.�� may reserve to the owner a right-of-wayor other privilege in or over the land taken, or
<br />�.�8 attach reasonable conditions to such taking in addition to the damages given or they may
<br />�.�g make an alternative award, conditioned upon the granting or withholding of the right
<br />�. �� specified. Without unreasonable delay they shall make a separate assessment and award
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