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Tina, Lawyer
Category: Real Estate Law
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Experience:  17 years of legal experience including real estate law.
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In Minnesota Statute 164.07 under "hearing notice" it says

Customer Question

In Minnesota Statute 164.07 under "hearing notice" it says the petitioners will serve directly affected land owners with copies of the petition and road order at least 10 days before the meeting "and cause at least 10 days posted notice thereof to be given" What exactly does it mean, "to cause ten days posted notice thereof to be given"? The township said they will post it on the town hall bulletin board, is that a posted notice? Orr does it need to be posted by the road to be vacated?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  mkc1959 replied 1 year ago.

I hope this rather long link will work for you:

It should take you to a worksheet outlining the necessary steps to be taken to abandon a road in Minnesota.

As to the specific question about posting:

The board must follow the requirements contained in Minn. Stat. § 366.01, subd. 8 to provide notice of the hearing at which the extinguishment will be considered. The notice must either be posted at the town’s three official posting places for two weeks or published once a week for two successive weeks in a newspaper of general circulation in the town. It is recommended that both published and posted notice be provided.

I trust this has answered your question. If I have answered your question, then please hit the accept button so that I may be paid.

Customer: replied 1 year ago.

I think you misunderstood my question. This is not about an abandoned road. This is about a petition to vacate, and the responsibility not of the township, but of the petitioner.

Minn. Statute 164.07, not 366. I want to know what is meant where it says the "petitioner" is required to cause at least 10 days posted notice thereof to be given?

Expert:  mkc1959 replied 1 year ago.

I apologize for the confusion.

Please refer to the following link.

The Minnesota statutes provide the following definition of notice:

The term "posted notice," when used in reference to the giving of notice in any proceeding or the service of any summons, order, or process in judicial proceedings, means the posting,at the beginning of the prescribed period of notice, of a copy of the notice or document referred to, in a manner likely to attract attention, in each of three of the most public places in the town, city, district, or county to which the subject matter of the notice relates, or in which the thing of which notice is given is to occur or to be performed.

What is consistent is the requirement for placement of the notice in the three most public places of a town.

Please let me know what additional or follow up questions you have.

Customer: replied 1 year ago.

Okay, we are on the right track, but I still do not understand my responsibility for posting notice as the petitioner. I don't have access to the 3 most conspicuous places in the town, two of which are locked township bulletin boards. The town said they will post notice, but yet I have to provide an affidavit saying I caused posting of notice..... how is that possible?

Expert:  mkc1959 replied 1 year ago.

As to the two township bulletin boards, if you supply the notice to the town and they place it in the bulletin boards, your affidavit can say you caused notice to be posted by handing it to the town clerk and watching the town clerk place the notice in the bulletin board -- or words to that effect.

As to the third public place, if there is a post office in the town, you could check with the local post-master about posting the notice in the post office. The issue would only be raised if someone appeals the decision of the board. Then, the question would be whether you used diligence and good faith in causing the notice to be posted. The bulletin boards are designated as proper places. If the town has not designated a third place, your diligence and good faith attempt is what would be considered.

You can consider publishing the notice in a local newspaper as well, if there is one --as many across the nation have gone out of business.

Customer: replied 1 year ago.

Okay, well, our township doesn't actually have a town in it. It is a rural township, with mostly farms, and a couple rural residential areas by a lake. So no post office in the township, and I am assuming the notice would have to be located in the township, not at a nearby town post office. Then again, everyone in the township gets their mail from the same post office, would that then qualify even though it is not actually located in the township?

The bulletin boards are at the two entrances of the town hall. There are no other public buildings in the township.


Expert:  mkc1959 replied 1 year ago.

Publication in the newspaper would need to be once a week for at least two weeks.

So, with what you have described, placement on the two entrances of the town hall and publication in the "most local" newspaper should comply with the notice requirement.

Customer: replied 1 year ago.

Okay, that sounds logical. And I'm guessing it would be hard to argue with in court.

Thank you for your help.

Expert:  mkc1959 replied 1 year ago.

Best regards.