Minnesota Legislature
Office of the Revisor of Statutes
2006 Minnesota Statutes
This is an historical version of this statute chapter. Also view the most recent published version.
458A.34 PROPERTY ACQUISITION.
Subdivision 1. Eminent domain by city. In the event that it shall become necessary for any
of the purposes enumerated in sections 458A.21 to 458A.37 to exercise the power of eminent
domain, such power shall not be exercised by the authority, but the city of Duluth may acquire
any of the properties hereinbefore provided for in sections 458A.21 to 458A.37 necessary for
the conduct of a bus transportation system, or for the purpose of acquiring any land, waters,
easements, or other rights or interests therein by the exercise of the power of eminent domain,
either as provided for under the home rule charter of the city of Duluth, or under chapter 117, and
acts amendatory thereof or supplementary thereto. Any such exercise of the power of eminent
domain by the city shall be at the request and expense of the authority. The fact that any such
property is owned by a public service corporation organized for the purpose specified in section
301B.01, or is already devoted to a public use, or to use by a corporation, or was acquired therefor
by condemnation, shall not prevent its acquisition by the city for the authority by condemnation.
The city, on behalf of the authority, may take possession of any property for which condemnation
proceedings have been commenced at any time after the filing of the petition describing the
property in the proceedings.
Subd. 2. Facilities from public body. Any state department or other agency of the state
government, or any county, municipality, or other public agency, may sell, lease, grant, transfer,
or convey to the authority, upon approval of the city council, evidenced by resolution, with or
without consideration, any facilities or any part or parts thereof, or any real or personal property
or interest therein, which may be useful to the authority for any authorized purpose.
History: 1969 c 720 s 14; 2005 c 69 art 1 s 21
Subdivision 1. Eminent domain by city. In the event that it shall become necessary for any
of the purposes enumerated in sections 458A.21 to 458A.37 to exercise the power of eminent
domain, such power shall not be exercised by the authority, but the city of Duluth may acquire
any of the properties hereinbefore provided for in sections 458A.21 to 458A.37 necessary for
the conduct of a bus transportation system, or for the purpose of acquiring any land, waters,
easements, or other rights or interests therein by the exercise of the power of eminent domain,
either as provided for under the home rule charter of the city of Duluth, or under chapter 117, and
acts amendatory thereof or supplementary thereto. Any such exercise of the power of eminent
domain by the city shall be at the request and expense of the authority. The fact that any such
property is owned by a public service corporation organized for the purpose specified in section
301B.01, or is already devoted to a public use, or to use by a corporation, or was acquired therefor
by condemnation, shall not prevent its acquisition by the city for the authority by condemnation.
The city, on behalf of the authority, may take possession of any property for which condemnation
proceedings have been commenced at any time after the filing of the petition describing the
property in the proceedings.
Subd. 2. Facilities from public body. Any state department or other agency of the state
government, or any county, municipality, or other public agency, may sell, lease, grant, transfer,
or convey to the authority, upon approval of the city council, evidenced by resolution, with or
without consideration, any facilities or any part or parts thereof, or any real or personal property
or interest therein, which may be useful to the authority for any authorized purpose.
History: 1969 c 720 s 14; 2005 c 69 art 1 s 21
Official Publication of the State of Minnesota
Revisor of Statutes