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Estate of Carlson/Jonas Property File No. CD-13-6

Monday, December 30, 2013 - 11:20pm

STATE OF MINNESOTA
DISTRICT COURT
COUNTY OF DAKOTA
FIRST JUDICIAL
DISTRICT
CASE TYPE:
CONDEMNATION
District Court File No. 19HA-CV-13-4872
The County of Dakota,
(C.P. 97-114 & 97-115)
Petitioner,
v.
Estate of John A. Carlson, Carl C. Carlson, Bernice C. Carlson, James Roger Jonas, and Delores Mae Jonas, also the unknown heirs of the named respondents and all other persons unknown claiming any right, title, estate, interest, or lien in the real estate described in the petition herein
Respondents.
IN THE MATTER OF THE
CONDEMNATION OF CERTAIN LANDS FOR HIGHWAY PURPOSES
TO THE RESPONDENTS HEREINABOVE NAMED:
YOU, and each of you, are hereby notified that on January 30, 2014, at 9:00 a.m., or as soon thereafter as counsel can be heard, in the Dakota County Judicial Center, 1560 Highway 55, Hastings, Dakota County, Minnesota, the above-named Petitioner will present to the above-named Court a Petition now on file herein for the condemnation of certain land legally described as:
That part of the Southwest Quarter of the Northeast Quarter and the Northwest Quarter of the Southeast Quarter, Section 23, T.I 15N., R.18W., Dakota County, Minnesota described as follows:
Commencing at the Southeast Corner of said Southwest Quarter of the Northeast Quarter; thence on a bearing of SOUTH, along the east line of said Northwest Quarter of the Southeast Quarter a distance of 1 chain and 24 links (81.84 feet) to the point of beginning of the parcel to be described; thence North 48 degrees 40 minutes 00 seconds West 532.13 feet, more or less, to the intersection with the southwesterly line of Lot 4, Auditor\'s Sub. No. 45 Nininger, said Dakota County; thence southeasterly, along said southwesterly line, 501.02 feet, more or
less to the intersection with said east line of the Northwest Quarter of the Southeast Quarter; thence SOUTH 49.17 feet, more or less, to the point of beginning and there terminating.
This hearing is required by Minn. Stat. § 117.075. The Court will only hear testimony offered for or against granting the petition for condemnation. The Court will not hear testimony related to damages.
In accordance with the provisions of Minn. Stat. §117.055, subd. 2, notice is hereby given that:
(1) any party wishing to challenge the public use or public purpose, necessity, or authority for a taking must appear at the court hearing on public need and state the objection or must appeal within 60 days of a court order approving public need; and
(2) a court order approving the public use or public purpose, necessity, and authority for the taking is final unless an appeal is brought within 60 days after service of the order on the party.
If the Court finds public need for the acquisition has been proven, the Court will appoint condemnation commissioners to ascertain and report damages caused to the various owners resulting from the taking.
The objects of said Petition are to take fee simple title to the land described in the Petition for County park purposes, including achieving the vision and goals of the Spring Lake Park Reserve Master Plan approved by the Dakota County Board of Commissioners as Resolution No. 03-649 on December 23,2003 and construction of a portion of the Mississippi River Regional Trail.
After diligent inquiry, some or all of the Respondents\' places of residence cannot be ascertained. This notice is being served pursuant to Minnesota Statutes § 117.055 Subd. 2 (c) and Minnesota Rules of Civil Procedure, Rule 4.04. The Petition in this matter is on file with the court administrator for the First Judicial District, Dakota County, Minnesota. A copy of the Petition may be requested from the Dakota County Attorney\'s Office.
Dated: 12-12-13

JAMES C. BACKSTROM
DAKOTA COUNTY ATTORNEY
Thomas R. Donely
Assistant County Attorney
Attorney Registration No. 379938
Dakota County Judicial Center
1560 Highway 55
Hastings, MN 55033
Telephone: (651)438-4438
(Dec. 19,26 Jan.2)


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