HF 3412

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to eminent domain; authorizing inverse 
  1.3             condemnation by a business when a governmental entity 
  1.4             occupies the market; proposing coding for new law in 
  1.5             Minnesota Statutes, chapter 117. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [117.58] [GOVERNMENT ENTRY INTO PRIVATE MARKET; 
  1.8   INVERSE CONDEMNATION.] 
  1.9      A person may bring an action in district court to compel 
  1.10  the state or a political subdivision of the state to commence 
  1.11  condemnation proceedings if: 
  1.12     (1) the state or the political subdivision of the state 
  1.13  determines to provide goods or services previously provided by 
  1.14  private persons within the jurisdiction of the state or 
  1.15  political subdivision; 
  1.16     (2) after the state or political subdivision begins to 
  1.17  provide the goods or services, the person is not able to 
  1.18  continue in business to provide substantially the same goods or 
  1.19  services as before; and 
  1.20     (3) but for the state's or political subdivision's actions 
  1.21  in providing the goods or services, the person would be able to 
  1.22  continue to provide substantially the same goods or services in 
  1.23  substantially the same market as before the government's actions.