§ 103D.741 — FINAL HEARING NOTICE

Minnesota § 103D.741

• Jurisdiction: Minnesota
• Part: WATER
• Ch. 103D: WATERSHED DISTRICTS

Text

Subdivision 1.Published final hearing notice.
The managers shall give notice by publication of the final hearing. The final hearing notice must contain:
(1) a statement of the pendency of the petition or resolution;
(2) the time and place for hearing;
(3) a statement that the engineer's report and appraisers' report, including the plans, have been filed with the managers and are subject to inspection;
(4) a brief description of the proposed project;
(5) a description of the properties benefited or damaged, the names of the owners of the properties, the public and other corporations affected by the project as shown by the engineer's report and appraisers' report or may include a map of the affected area in lieu of the names of the owners and of the descriptions of the properties affected by the project; and
(6) a statement requiring all parties interested in the proposed project to appear before the managers at the time and place designated in the final hearing notice to present objections, and to show why an order should not be made by the managers granting the petition, confirming the reports of the engineer and appraisers, and ordering the establishment and construction or implementation of the project.

Subd. 2.Mailed final hearing notice.
(a) The managers shall give the final hearing notice by mail, within one week after the beginning of publication, to the director and to each person, corporation, and public body that owns property benefited or damaged by the proposed project as shown by the engineer's and appraisers' report.
(b) The mailed final hearing notice must contain:
(1) a brief description of the proposed project;
(2) a statement that the engineer's report and appraisers' report are on file with the managers and available for public inspection;
(3) the time and place of hearing; and
(4) a statement that the addressee's name appears as an affected party.

Subd. 3.Acquiring property; notice.
(a) If the watershed district must acquire the ownership of real property, the managers must record a notice of pendency of the watershed district's proceeding to acquire property in the office of county recorder of the county where the property is located before the appraisers' report is filed. The pendency notice must state the purpose for which the property is to be acquired.
(b) By 20 days before the final hearing, the final hearing notice, in addition to being given in the manner required in subdivisions 1 and 2, must be served on the owners of the property to be acquired, in the same manner as a summons in a civil action. In addition to the other requirements of the final hearing notice, the notice to property owners must:
(1) describe the property to be acquired;
(2) state by whom and for what purpose it is to be taken;
(3) give the names of all persons appearing of record or known to the managers to be the owners;
(4) state that benefits and damages have been determined; and
(5) state that the final hearing will be held by the managers at the time and place specified in the notice.

Subd. 4.Final hearing notice in more than one county.
If a project affects the property in more than one county, separate final hearing notices must be prepared and published in each county affected showing only the general description of the proposed project and the names and descriptions of the property affected in the county or, instead of the names and descriptions, a map of the area affected in the county.

Legislative History

1990 c 391 art 4 s 61;1995 c 199 s 48