HF 3336

as introduced - 86th Legislature (2009 - 2010) Posted on 03/03/2010 04:13pm

A bill for an act
relating to eminent domain; modifying right of first refusal offers for property
obtained with federal transit funding; amending Minnesota Statutes 2008, section
117.226.

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

Section 1.

Minnesota Statutes 2008, section 117.226, is amended to read:

117.226 RIGHT OF FIRST REFUSAL.

(a) Except as provided in sections 15.16, 160.85, 161.16, 161.20, 161.202, 161.23,
161.24, 161.241, 161.43, 161.46, and 222.63, if the governing body of the condemning
authority determines that publicly owned property acquired under this chapter has not
been used and is no longer needed for a public use, the authority must offer to sell the
property to the owner from whom it was acquired, if the former owner can be located. The
offer must be at the original price determined by the condemnation process or the current
fair market value of the property, whichever is lower, except to the extent that a different
value is required for a property interest obtained with federal highway funding under
United States Code, title 23 new text begin , or transit funding under United States Code, title 49 new text end . Before
offering surplus property to local governments or for public sale under section 16B.282
or 94.10, the commissioner of administration or natural resources must offer to sell the
property to the former owner as provided in this section.

(b) If the former owner cannot be located after a due and diligent search or declines
to repurchase the property, the attorney for the condemning authority shall prepare a
certificate attesting to the same and record the certificate in the office of the county
recorder or county registrar of titles, as appropriate, to evidence the termination of the
right of first refusal. A recorded certificate to that effect is prima facie evidence that the
right of first refusal has terminated.