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HF 80

1st Engrossment - 91st Legislature, 2020 1st Special Session (2019 - 2020) Posted on 06/17/2020 12:20pm

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

Current Version - 1st Engrossment

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A bill for an act
relating to local government; authorizing limited use of eminent domain.

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

Section 1. new text beginLIMITED USE OF EMINENT DOMAIN.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the following terms have
the meanings given them.
new text end

new text begin (b) "City" means the cities included in Emergency Executive Order 20-64.
new text end

new text begin (c) "Events" mean the civil unrest that resulted in damaged property in the cities between
May 26, 2020, and June 10, 2020, that are the subject of Emergency Executive Order 20-64.
new text end

new text begin (d) "Eligible zone" means:
new text end

new text begin (1) in Minneapolis:
new text end

new text begin (i) Lake Street between Hennepin Avenue and West River Parkway, and any area within
two city blocks of that portion of Lake Street in any direction; and
new text end

new text begin (ii) West Broadway Avenue, and any area within two city blocks of West Broadway
Avenue in any direction;
new text end

new text begin (2) in St. Paul, University Avenue between Rice Street and Highway 280, and any area
within two city blocks of that portion of University Avenue in any direction; and
new text end

new text begin (3) any additional locations or zones designated by the governor as experiencing
significant, widespread damage or destruction of private property due to the civil unrest
described in Emergency Executive Order 20-64.
new text end

new text begin (e) "Property owner" includes all persons with any interest in the property subject to a
taking, whether as proprietors, tenants, life estate holders, encumbrancers, beneficial interest
holders, or otherwise.
new text end

new text begin Subd. 2. new text end

new text begin Authority. new text end

new text begin Notwithstanding any home rule charter provision, city ordinance,
or Minnesota Statutes, section 117.025, subdivision 11, paragraph (b), a city may use eminent
domain to acquire real property or interests in real property for the purposes of this section.
new text end

new text begin Subd. 3. new text end

new text begin Public purpose. new text end

new text begin It is a public purpose for a city to use the power of eminent
domain to acquire real property or an interest in real property in an eligible zone, and then
resell the property subject to redevelopment agreements in order to support the ability of
the businesses and uses directly and adversely affected by the events to be reestablished
consistent with the needs of the neighborhoods and property owners.
new text end

new text begin Subd. 4. new text end

new text begin Debt financing. new text end

new text begin For the purposes of this section, the city may issue obligations
under Minnesota Statutes, chapter 475, without an election, and not subject to debt limitations
in the home rule charter or in statute.
new text end

new text begin Subd. 5. new text end

new text begin Resale of property acquired by eminent domain. new text end

new text begin Any property acquired by
the city by eminent domain under this section may be sold to private parties, subject to the
redevelopment agreement. The redevelopment agreement must include reasonable limitations
on the use of the property and must be approved by a redevelopment oversight committee
established by the city.
new text end

new text begin Subd. 6. new text end

new text begin Effective date; expiration. new text end

new text begin This section is effective the day following final
enactment and expires December 31, 2022.
new text end