§ 117.105 — Filing of Report, Time, Failure to Report
Plain-Language Summary
Commissioners must file their damage report with the court within 90 days of being appointed. If they miss the deadline, any owner can ask the court to throw out the proceedings and get reimbursed for legal costs. The court can extend the deadline for good cause.
117.105 FILING OF REPORT, TIME, FAILURE TO REPORT.
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Subdivision 1.Filing of report.
The report of the commissioners shall be filed with the court administrator of district court within 90 days from the date of the order appointing the commissioners, unless such order otherwise prescribes, but for cause shown upon written motion of the petitioner and not less than three days’ notice thereof duly served by mail or otherwise upon such respondents, or their attorneys who entered an appearance at the hearing on the petition or notified the petitioner of their formal appearance, the court may extend the time for making and filing the report. If the petitioner serves such motion and notice thereof by mail, such service shall be at least six days prior to the date of the hearing on the motion. §
Subd. 2.Failure to file report.
If the commissioners fail to file their report within the time provided by the order appointing the commissioners, or within any extension of time to file granted by the court, any owner may upon motion, after due notice to the petitioner, have the proceedings set aside as to that owner; but, for cause shown, the court may extend the time for making their report. If the proceedings are set aside as to any individual owner, that owner shall be entitled to reimbursement for reasonable costs and disbursements including attorney’s fees.
History:
1971 c 595 s 13; 1986 c 444; 1Sp1986 c 3 art 1 s 82
History: History: 1971 c 595 s 13; 1986 c 444; 1Sp1986 c 3 art 1 s 82