The easement specified in section 463.03 may be acquired by proceedings to be conducted in accordance with chapter 117 by the board of park commissioners, in case of parks and parkways controlled by a board of park commissioners, and by the city council in other cases.
The term "governing body" is used in sections 463.04 to 463.07 to designate the appropriate body in any given case, whether the city council, or board of park commissioners. The governing body shall first designate the easement to be acquired and define the lines by which it is bounded, and shall have power to condemn for the use of the public a building line easement as defined above, and when such condemnation shall have been completed, as in this section provided, the title to such easement shall pass to and be vested in the city for the public use. For the purpose of making the condemnation all the tracts of land required for any improvement may be included in the same proceeding.
An easement under this section must not include or take in any portion of a private residence existing at the time of the passage of sections 463.01 to 463.07 excepting by purchase or grant.
(1321-4) 1903 c 194 s 4; 1976 c 44 s 64; 2013 c 125 art 1 s 70
Structure Minnesota Statutes
Chapters 460 - 463 — Local Government Police Powers
Chapter 463 — Line Easements; Hazardous Or Substandard Buildings
Section 463.01 — Building Lines, Easements; Existing Structures.
Section 463.02 — Grant, Condemnation Or Dedication.
Section 463.03 — Along Parks And Parkways.
Section 463.04 — Condemnation Proceedings For Building Line Easements.
Section 463.06 — Plats; Assessment Copy To Auditor; Collection, Payment.
Section 463.07 — Vacation Of Easement.
Section 463.151 — Removal By Municipality; Consent; Cost.
Section 463.152 — Exercise Of Eminent Domain.
Section 463.16 — Repair Or Remove Hazardous Property Condition.
Section 463.19 — Default Cases.
Section 463.20 — Contested Cases.
Section 463.21 — Enforcement Of Judgment.
Section 463.22 — Statement Of Moneys Received.
Section 463.23 — Payment, Tender, Deposit In Court.
Section 463.24 — Personal Property Or Fixtures.
Section 463.25 — Hazardous Excavations.
Section 463.251 — Securing Vacant Buildings.