HF 2270

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to the environment; modifying provisions 
  1.3             related to contaminated land; modifying provisions 
  1.4             relating to petroleum tank cleanup; amending Minnesota 
  1.5             Statutes 1998, sections 115B.03, subdivisions 1 and 5; 
  1.6             115C.021, subdivisions 1 and 3a; 117.085; and 117.175, 
  1.7             subdivision 1. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1998, section 115B.03, 
  1.10  subdivision 1, is amended to read: 
  1.11     Subdivision 1.  [GENERAL RULE.] For the purposes of 
  1.12  sections 115B.01 to 115B.20, and except as provided in 
  1.13  subdivisions 2 and, 3, and 5, a person is responsible for a 
  1.14  release or threatened release of a hazardous substance, or a 
  1.15  pollutant or contaminant, from a facility if the person:  
  1.16     (1) owned or operated the facility:  
  1.17     (i) when the hazardous substance, or pollutant or 
  1.18  contaminant, was placed or came to be located in or on the 
  1.19  facility; 
  1.20     (ii) when the hazardous substance, or pollutant or 
  1.21  contaminant, was located in or on the facility but before the 
  1.22  release; or 
  1.23     (iii) during the time of the release or threatened release; 
  1.24     (2) owned or possessed the hazardous substance, or 
  1.25  pollutant or contaminant, and arranged, by contract, agreement 
  1.26  or otherwise, for the disposal, treatment or transport for 
  2.1   disposal or treatment of the hazardous substance, or pollutant 
  2.2   or contaminant; or 
  2.3      (3) knew or reasonably should have known that waste the 
  2.4   person accepted for transport to a disposal or treatment 
  2.5   facility contained a hazardous substance, or pollutant or 
  2.6   contaminant, and either selected the facility to which it was 
  2.7   transported or disposed of it in a manner contrary to law.  
  2.8      Sec. 2.  Minnesota Statutes 1998, section 115B.03, 
  2.9   subdivision 5, is amended to read: 
  2.10     Subd. 5.  [EMINENT DOMAIN.] (a) The state, an agency of the 
  2.11  state, or a political subdivision is not a responsible person 
  2.12  under this section solely as a result of the acquisition of 
  2.13  property, or as a result of providing funds for the acquisition 
  2.14  of such property either through loan or grant, if the property 
  2.15  was acquired by the state, an agency of the state, or a 
  2.16  political subdivision (1) through exercise of the power of 
  2.17  eminent domain, (2) through negotiated purchase in lieu of, or 
  2.18  after filing a petition for the taking of the property through 
  2.19  eminent domain, (3) after adopting a redevelopment or 
  2.20  development plan under sections 469.001 to 469.134 describing 
  2.21  the property and stating its intended use and the necessity of 
  2.22  its taking, (4) after adopting a layout plan for highway 
  2.23  development under sections 161.15 to 161.241 describing the 
  2.24  property and stating its intended use and the necessity of its 
  2.25  taking, or (5) through the use of a loan to purchase 
  2.26  right-of-way in the seven-county metropolitan area under section 
  2.27  473.167.  
  2.28     (b) A person who acquires property from the state, an 
  2.29  agency of the state, or a political subdivision, is not a 
  2.30  responsible person under this section solely as a result of the 
  2.31  acquisition of property if the property was acquired by the 
  2.32  state, agency, or political subdivision through exercise of the 
  2.33  power of eminent domain or by negotiated purchase after filing a 
  2.34  petition for the taking of the property through eminent domain, 
  2.35  after adopting a redevelopment or development plan under 
  2.36  sections 469.001 to 469.134 describing the property and stating 
  3.1   its intended use and the necessity of its taking, or after 
  3.2   adopting a layout plan for highway development under sections 
  3.3   161.15 to 161.241 describing the property and stating its 
  3.4   intended use and the necessity of its taking. 
  3.5      (c) The state, an agency of the state, or a political 
  3.6   subdivision or a person who acquires property from the state, an 
  3.7   agency of the state, or a political subdivision is not liable 
  3.8   for damages for death, personal injury, or disease attributable 
  3.9   to the release of a hazardous substance, pollutant, or 
  3.10  contaminant from a facility situated on property acquired 
  3.11  pursuant to paragraph (a) or (b) if a voluntary response action 
  3.12  plan is prepared and implemented pursuant to section 115B.175 
  3.13  and, if necessary, corrective action is implemented and a 
  3.14  closure letter issued pursuant to section 115C.03, subdivision 
  3.15  9, to remediate the release. 
  3.16     Sec. 3.  Minnesota Statutes 1998, section 115C.021, 
  3.17  subdivision 1, is amended to read: 
  3.18     Subdivision 1.  [GENERAL RULE.] Except as provided in 
  3.19  subdivision subdivisions 2 and 3a, a person is responsible for a 
  3.20  release from a tank if the person is an owner or operator of the 
  3.21  tank at any time during or after the release. 
  3.22     Sec. 4.  Minnesota Statutes 1998, section 115C.021, 
  3.23  subdivision 3a, is amended to read: 
  3.24     Subd. 3a.  [EMINENT DOMAIN.] (a) The state, an agency of 
  3.25  the state, a political subdivision, or the department of 
  3.26  transportation is not responsible for a release from a tank 
  3.27  under this section solely as a result of the acquisition of 
  3.28  property or as a result of providing funds for the acquisition 
  3.29  of such property either through loan or grant, if the property 
  3.30  was acquired by the state, an agency of the state, a political 
  3.31  subdivision, or the department through exercise of the power of 
  3.32  eminent domain, through negotiated purchase in lieu of or after 
  3.33  filing a petition for the taking of the property through eminent 
  3.34  domain, after adopting a redevelopment or development plan under 
  3.35  sections 469.001 to 469.134 describing the property and stating 
  3.36  its intended use and the necessity of its taking, or after 
  4.1   adopting a layout plan for highway development under sections 
  4.2   161.15 to 161.241 describing the property and stating its 
  4.3   intended use and the necessity of its taking.  
  4.4      (b) A person who acquires property from the state, an 
  4.5   agency of the state, a political subdivision, or the department, 
  4.6   other than property acquired through a land exchange, is not a 
  4.7   responsible person under this section solely as a result of the 
  4.8   acquisition of property if the property was acquired by the 
  4.9   state, an agency of the state, a political subdivision, or the 
  4.10  department through exercise of the power of eminent domain, by 
  4.11  negotiated purchase in lieu of or after filing a petition for 
  4.12  the taking of the property through eminent domain, after 
  4.13  adopting a redevelopment or development plan under sections 
  4.14  469.001 to 469.134 describing the property and stating its 
  4.15  intended use and the necessity of its taking, or after adopting 
  4.16  a layout plan for highway development under sections 161.15 to 
  4.17  161.241 describing the property and stating its intended use and 
  4.18  the necessity of its taking. 
  4.19     Sec. 5.  Minnesota Statutes 1998, section 117.085, is 
  4.20  amended to read: 
  4.21     117.085 [COMMISSIONERS, POWERS, DUTIES.] 
  4.22     (a) The commissioners, having been duly sworn and qualified 
  4.23  according to law, shall meet as directed by the order of 
  4.24  appointment and hear the allegations and proofs of all persons 
  4.25  interested touching the matters to them committed.  They may 
  4.26  adjourn from time to time and from place to place within the 
  4.27  county, giving oral notice to those present of the time and 
  4.28  place of their next meeting.  All testimony taken by them shall 
  4.29  be given publicly, under oath, and in their presence.  They 
  4.30  shall view the premises, and any of them may subpoena witnesses, 
  4.31  which shall be served as subpoenas in civil actions are served, 
  4.32  and at the cost of the parties applying therefor.  If deemed 
  4.33  necessary, they may require the petitioner or owner to furnish 
  4.34  for their use maps, plats, and other information which the 
  4.35  petitioner or owner may have showing the nature, character, and 
  4.36  extent of the proposed undertaking and the situation of lands 
  5.1   desired therefor.  In proper cases they may reserve to the owner 
  5.2   a right of way or other privilege in or over the land taken, or 
  5.3   attach reasonable conditions to such taking in addition to the 
  5.4   damages given or they may make an alternative award, conditioned 
  5.5   upon the granting or withholding of the right specified.  
  5.6   Without unreasonable delay they shall make a separate assessment 
  5.7   and award of the damages which in their judgment will result to 
  5.8   each of the owners of the land by reason of such taking and 
  5.9   report the same to the court.  The commissioners, in all such 
  5.10  proceedings, may in their discretion allow and show separately 
  5.11  in addition to the award of damages, reasonable appraisal fees 
  5.12  not to exceed a total of $500.  Upon request of an owner the 
  5.13  commissioners shall show in their report the amount of the award 
  5.14  of damages which is to reimburse the owner and tenant or lessee 
  5.15  for the value of the land taken, and the amount of the award of 
  5.16  damages, if any, which is to reimburse the owner and tenant or 
  5.17  lessee for damages to the remainder involved, whether or not 
  5.18  described in the petition.  The amounts awarded to each person 
  5.19  shall also be shown separately.  The commissioners shall, if 
  5.20  requested by any party, make an express finding of the estimated 
  5.21  cost of removal and remedial actions that will be necessary on 
  5.22  the taken property because of existing environmental 
  5.23  contamination. 
  5.24     (b) The commissioners shall perform a bifurcated assessment 
  5.25  in determining the award of damages for property where a 
  5.26  hazardous substance, pollutant, or contaminant is present in the 
  5.27  soil and/or groundwater.  The commissioners shall perform an 
  5.28  assessment in accordance with paragraph (a) to determine the 
  5.29  initial market value of the land absent the presence of a 
  5.30  hazardous substance, pollutant, or contaminant.  Following this 
  5.31  determination, the commissioners shall conduct a hearing to 
  5.32  determine the amount by which the initial market value of the 
  5.33  land has been reduced because of the presence of a hazardous 
  5.34  substance, pollutant, or contaminant on the property.  In 
  5.35  determining this amount, the commissioners shall consider:  (1) 
  5.36  the nature and extent of the contamination and the likely 
  6.1   duration of the presence of the contamination; (2) the risk 
  6.2   posed by the presence of the contamination to future owners, 
  6.3   users, and the environment; (3) the impact of the presence of 
  6.4   the contamination on future development of the property; (4) the 
  6.5   nature and estimated cost of any removal and remedial action 
  6.6   necessary to address the contamination; and (5) the offsetting 
  6.7   value of any legal obligation, acceptable to the petitioner, 
  6.8   which provides for the performance of removal and remedial 
  6.9   actions to address the contamination by the owner of the land or 
  6.10  any other responsible party.  The award of damages for 
  6.11  contaminated property shall be determined by subtracting the 
  6.12  contamination value reduction as determined in clauses (1) to 
  6.13  (5) from the initial market value for the property. 
  6.14     Sec. 6.  Minnesota Statutes 1998, section 117.175, 
  6.15  subdivision 1, is amended to read: 
  6.16     Subdivision 1.  Such appeal may be noticed for trial and 
  6.17  tried except as herein otherwise provided as in the case of a 
  6.18  civil action and the court may direct that issues be framed, and 
  6.19  require other parties to be joined and to plead therein when 
  6.20  necessary for the proper determination of the questions 
  6.21  involved.  Appeals involving property where a hazardous 
  6.22  substance, pollutant, or contaminant will be present following 
  6.23  transfer of title shall be bifurcated and the damages determined 
  6.24  in a manner consistent with section 117.085, paragraph (b).  The 
  6.25  owners shall go forward with the evidence and have the burden of 
  6.26  proof as in any other civil action, with the right to open and 
  6.27  close.  The court or jury trying the case shall reassess the 
  6.28  damages de novo and apportion the same as the evidence and 
  6.29  justice may require.  Upon request of a party to such appeal, 
  6.30  the jury or court shall show in the verdict or order the amount 
  6.31  of the award of damages which is to reimburse the owner for the 
  6.32  land taken and the amount of the award of damages, if any, which 
  6.33  is to reimburse the owner for damages to the remainder tract not 
  6.34  taken whether or not described in the petition.  The amounts 
  6.35  awarded to each person shall also be shown separately.  A 
  6.36  commissioner in a condemnation proceeding may be called by any 
  7.1   party as a witness to testify as to the amount and the basis of 
  7.2   the award of commissioners and may be examined and qualified as 
  7.3   any other witness.