HF 898

1st Engrossment - 83rd Legislature (2003 - 2004) 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      Subdivision 1.  [PERSON TO BRING ACTION.] A person may 
  1.10  bring an action in district court to compel the state or a 
  1.11  political subdivision to commence condemnation proceedings if: 
  1.12     (1) the state or the political subdivision determines to 
  1.13  provide, either with its own employees or by contract, goods or 
  1.14  services that, at the time of the determination, were provided 
  1.15  by private persons within the jurisdiction of the state or 
  1.16  political subdivision; 
  1.17     (2) the state or the political subdivision prohibits 
  1.18  private persons from providing the goods or services within the 
  1.19  jurisdiction or limits the number of private persons who are 
  1.20  permitted to provide the goods or services within the 
  1.21  jurisdiction so as to exclude a private person then providing 
  1.22  the goods or services from continuing to do so; 
  1.23     (3) as a result of the action of the state or political 
  1.24  subdivision, the person is not able to continue in business to 
  1.25  provide substantially the same goods or services as before; and 
  2.1      (4) but for the state's or political subdivision's acting, 
  2.2   the person would be able to continue to provide substantially 
  2.3   the same goods or services in substantially the same market as 
  2.4   before the government's actions. 
  2.5      Subd. 2.  [LIMITATION.] (a) A person may not maintain an 
  2.6   action against the state under subdivision 1 if the person 
  2.7   provides goods or services to the state under a contract or 
  2.8   similar arrangement between the person and the state which sets 
  2.9   forth the terms and conditions under which the person can 
  2.10  provide the goods or services in the state. 
  2.11     (b) A person may not maintain an action against a political 
  2.12  subdivision under subdivision 1 if the person provides goods or 
  2.13  services to that political subdivision under a contract or 
  2.14  similar arrangement between the person and the political 
  2.15  subdivision which sets forth the terms and conditions under 
  2.16  which the person can provide the goods or services in the 
  2.17  political subdivision. 
  2.18     Subd. 3.  [EXCLUSIONS.] This section does not apply to the 
  2.19  provision of goods or services by MINNCORR Industries; a 
  2.20  municipally owned sewer, electrical, water, or other utility 
  2.21  service; or an ambulance service governed by chapter 144E. 
  2.22     Subd. 4.  [APPLICATION.] This section applies to 
  2.23  determinations by the state or a political subdivision made on 
  2.24  or after August 1, 2004.