HF 80

as introduced - 91st Legislature, 2020 1st Special Session (2019 - 2020) Posted on 06/16/2020 12:21pm

A bill for an act
relating to local government; authorizing limited use of eminent domain; authorizing
a development moratorium in certain areas.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1. new text begin LIMITED USE OF EMINENT DOMAIN.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the following terms have
the meanings given them.
new text end

new text begin (b) "City" means the cities included in Executive Order 20-64.
new text end

new text begin (c) "Events" mean the civil unrest that resulted in damaged property in the cities between
May 26, 2020, and June 10, 2020, that are the subject of Executive Order 20-64.
new text end

new text begin (d) "Event area" means an area directly adversely affected by the events and as designated
by resolution adopted by the city.
new text end

new text begin (e) "Property owner" includes all persons with any interest in the property subject to a
taking, whether as proprietors, tenants, life estate holders, encumbrancers, beneficial interest
holders, or otherwise.
new text end

new text begin Subd. 2. new text end

new text begin Authority. new text end

new text begin Notwithstanding any home rule charter provision, city ordinance,
or Minnesota Statutes, section 117.025, subdivision 11, paragraph (b), a city may use eminent
domain to acquire real property or interests in real property for the purposes of this section.
new text end

new text begin Subd. 3. new text end

new text begin Public purpose. new text end

new text begin It is a public purpose for a city to use the power of eminent
domain to acquire real property or an interest in real property in an event area, and then
resell the property subject to redevelopment agreements in order to support the ability of
the businesses and uses directly and adversely affected by the events to be reestablished
consistent with the needs of the neighborhoods and property owners.
new text end

new text begin Subd. 4. new text end

new text begin Debt financing. new text end

new text begin For the purposes of this section, the city may issue obligations
under Minnesota Statutes, chapter 475, without an election, and not subject to debt limitations
in the home rule charter or in statute.
new text end

new text begin Subd. 5. new text end

new text begin Resale of property acquired by eminent domain. new text end

new text begin Any property acquired by
the city by eminent domain under this section may be sold to private parties, subject to the
redevelopment agreement. The redevelopment agreement must include reasonable limitations
on the use of the property and must be approved by a redevelopment oversight committee
established by the city.
new text end

new text begin Subd. 6. new text end

new text begin Effective date; expiration. new text end

new text begin This section is effective the day following final
enactment and expires December 31, 2022.
new text end

Sec. 2. new text begin REDEVELOPMENT MORATORIUM.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the following terms have
the meanings given them.
new text end

new text begin (b) "City" means the cities included in Executive Order 20-64.
new text end

new text begin (c) "Events" mean the civil unrest that resulted in damaged property in the cities between
May 26, 2020, and June 10, 2020, that are the subject of Executive Order 20-64.
new text end

new text begin (d) "Event area" means an area directly adversely affected by the events and as designated
by resolution adopted by the city.
new text end

new text begin (e) "Property owner" includes all persons with any interest in the property, whether as
proprietors, tenants, life estate holders, encumbrancers, beneficial interest holders, or
otherwise.
new text end

new text begin Subd. 2. new text end

new text begin Purpose. new text end

new text begin In order to provide time for property owners to determine whether
and how to redevelop property damaged or destroyed during the events, a city may impose
a moratorium on redevelopment in the event areas.
new text end

new text begin Subd. 3. new text end

new text begin Moratorium. new text end

new text begin Notwithstanding the home rule charter, ordinances, or local
comprehensive plan, the city may impose a moratorium on redevelopment in the event area.
The moratorium ordinance may be adopted by the city after ten days' public notice and must
specify the type of redevelopment included in the moratorium. The moratorium may exclude
actions to reopen commercial and industrial businesses and rental housing at substantially
the same level and rents as before the events. The moratorium may apply to all permits and
applications submitted to the city on or after May 26, 2020.
new text end

new text begin Subd. 4. new text end

new text begin Effective date; expiration. new text end

new text begin This section is effective the day following final
enactment and expires December 31, 2021.
new text end