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HF 555

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/25/2021 05:39pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/01/2021

Current Version - as introduced

Line numbers 1.1 1.2 1.3 1.4 1.5
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A bill for an act
relating to eminent domain; authorizing inverse condemnation by a business closed
by executive order due to a peacetime emergency; proposing coding for new law
in Minnesota Statutes, chapter 12.

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

Section 1.

new text begin [12.345] INVERSE CONDEMNATION; PEACETIME EMERGENCY;
COMPENSATION.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions; procedures. new text end

new text begin (a) Chapter 117 applies to this section.
new text end

new text begin (b) For the purposes of this section, "executive order" means an executive order that is
issued on or after January 1, 2020, during a peacetime public emergency declared by the
governor under this chapter.
new text end

new text begin Subd. 2. new text end

new text begin Public purpose; cause of action. new text end

new text begin (a) An executive order that requires a business
to partially or completely close is a public purpose. An owner, as defined in section 117.186,
may bring an action in district court to compel the state to commence condemnation
proceedings and payment of just compensation for:
new text end

new text begin (1) loss of income during, and for a reasonable period of time after, a temporary partial
or complete closure of the business that would not have occurred but for compliance with
the executive order; or
new text end

new text begin (2) loss of going concern, including the loss of real property, if the closure of the business
results in the owner going out of business and the owner would not have gone out of business
but for compliance with the executive order.
new text end

new text begin (b) The owner has the burden of proving that the loss is due to the executive order and
proving the amount of the compensation for losses. An owner bringing an action under this
section may petition the court for reimbursement of reasonable costs and expenses, including
reasonable attorney fees, appraisal fees, and costs actually incurred in bringing the action.
new text end

new text begin Subd. 3. new text end

new text begin Time limitation. new text end

new text begin A petition for just compensation brought under this section
must be filed within one year of the expiration of the executive order that resulted in the
business closure.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end