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164.07
<br />MINNESOTA STATUTES 2020 2
<br />for the general health and welfare of the public, then the board may cause the road to be vacated with a
<br />provision that the town shall retain the right of access for the purpose of maintaining such drainage facilities.
<br />An owner of land adjacent to the vacated portion of the road shall not interfere with the functioning of such
<br />drainage facilities.
<br />Subd. 4. Survey. If the petition be granted, the town board, if it deem it necessary, shall cause a survey
<br />to be made. When the center of such road does not follow a section line, or some subdivisional line of a
<br />section, the surveyor shall note the distance to the point on any course at which such course will intersect a
<br />section line, and the distance of such point of intersection from the most convenient section, quarter -section,
<br />or meander corner, as established by the government survey; and the notes of such intersections, and a
<br />description of the road so established, altered, or vacated shall be incorporated in an order to be signed by
<br />the town board.
<br />Subd. 5. Damages. The damages sustained by reason of establishing, altering, or vacating any road may
<br />be ascertained by the agreement of the owners and the town board; and unless such agreement is made, or
<br />the owners release in writing all claims to damages, the same shall be assessed and awarded before such
<br />road is opened, worked, or used. Every agreement and release shall be filed with the town clerk and be final
<br />as to the matters therein contained. The town board shall assess the damages of each claimant with whom
<br />it cannot agree, or who is unknown, specifying the amount awarded to each and briefly describing each
<br />parcel of land. In ascertaining the damages which will be sustained by any owner the town board shall
<br />determine the money value of the benefits which the establishment, alteration, or vacation, as the case may
<br />be, will confer, and deduct the benefits, if any, from the damages, if any, and award the difference, if any
<br />as damages.
<br />Subd. 6. Filing of award; notification. The award of damages shall be filed with the town clerk. Within
<br />seven days after filing the town clerk shall notify, in writing, each known owner and occupant of each tract
<br />of the filing of the award of damages. The notification shall set forth the date of the award, the amount of
<br />the award of damages and any terms or conditions of the award. The notification must include a clear and
<br />coherent explanation, written in language using words with common and everyday meanings, of the
<br />requirements for appealing the award of damages under subdivision 7.
<br />Subd. 7. Appeal. Within 40 days after the filing of the award of damages any owner or occupant may
<br />appeal from the award by filing a notice of appeal with the court administrator of the district court of the
<br />county where the lands lie. However, the owner or occupant must file the notice of appeal within ten days
<br />in order to delay the opening, construction, alteration, change, or other improvement in or to the road pursuant
<br />to subdivision 10. The notice of appeal shall be accompanied by a bond of not less than $250, with sufficient
<br />surety approved by the judge or the county auditor conditioned to pay all costs arising from the appeal in
<br />case the award is sustained. A copy of the notice shall be mailed by registered or certified mail to the town
<br />clerk or any member of the town board. The notice of appeal shall specify the award or failure to award
<br />appealed from, the land to which it relates, the nature and amount of the claim of appellant, and the grounds
<br />of the appeal, which may include a challenge to the public purpose or necessity of the proposed road or
<br />condemnation.
<br />Subd. 8. Trial. The appeal shall be entered upon the calendar for trial at the next general term of the
<br />court occurring more than 20 days after the appeal is perfected. It shall be tried in the same manner as an
<br />appeal in eminent domain proceedings under chapter 117. The prevailing party shall recover costs and
<br />disbursements as in other civil cases and judgment shall be entered upon the verdict.
<br />Subd. 9. Payment. If no appeal is taken within the appeal period, the award shall be considered the
<br />same as a judgment. The provisions of sections 365.41 and 365.42 shall apply as to payment of all awards
<br />Official Publication of the State of Minnesota
<br />Revisor of Statutes
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