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HF 1191

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:45am

KEY: stricken = removed, old language.
underscored = added, new language.
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Engrossments
Introduction Posted on 02/27/2009

Current Version - as introduced

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A bill for an act
 relating to metropolitan government; highways; modifying provisions relating
to loans to acquire highway right-of-way in the metropolitan area; amending
Minnesota Statutes 2008, section 473.167, subdivision 2a.

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

Section 1.

Minnesota Statutes 2008, section 473.167, subdivision 2a, is amended to
read:


Subd. 2a.

deleted text begin Hardshipdeleted text end new text begin Loans fornew text end acquisition and relocation.

(a) The council may
make deleted text begin hardshipdeleted text end loans to acquiring authorities within the metropolitan area to purchase
homestead property located in a proposed state trunk highway right-of-way or project,
and to provide relocation assistance. Acquiring authorities are authorized to accept the
loans and to acquire the property. Except as provided in this subdivision, the loans shall
be made as provided in subdivision 2. Loans shall be in the amount of the fair market
value of the homestead property plus relocation costs and less salvage value. Before
construction of the highway begins, the acquiring authority shall convey the property to
the commissioner of transportation at the same price it paid, plus relocation costs and less
its salvage value. Acquisition and assistance under this subdivision must conform to
sections 117.50 to 117.56.

(b) The council may make deleted text begin hardshipdeleted text end loans only when:

(1) the owner of affected homestead property requests acquisition and relocation
assistance from an acquiring authority;

(2) federal or state financial participation is not available;

(3) the owner is unable to sell the homestead property at its appraised market
value because the property is located in a proposed state trunk highway right-of-way or
project as indicated on an official map or plat adopted under section 160.085, 394.361, or
462.359; new text begin and
new text end

(4) the council agrees to and approves the fair market value of the homestead
property, which approval shall not be unreasonably withhelddeleted text begin ; anddeleted text end new text begin .
new text end

deleted text begin (5) the owner of the homestead property is burdened by circumstances that constitute
a hardship, such as catastrophic medical expenses; a transfer of the homestead owner by
the owner's employer to a distant site of employment; or inability of the owner to maintain
the property due to physical or mental disability or the permanent departure of children
from the homestead.
 deleted text end

(c) For purposes of this subdivision, the following terms have the meanings given
them.

(1) "Acquiring authority" means counties, towns, and statutory and home rule
charter cities in the metropolitan area.

(2) "Homestead property" means a single-family dwelling occupied by the owner,
and the surrounding land, not exceeding a total of ten acres.

(3) "Salvage value" means the probable sale price of the dwelling and other property
that is severable from the land if offered for sale on the condition that it be removed from
the land at the buyer's expense, allowing a reasonable time to find a buyer with knowledge
of the possible uses of the property, including separate use of serviceable components and
scrap when there is no other reasonable prospect of sale.