HF 1259

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to watershed districts; clarifying procedures 
  1.3             that must be used when taking property for watershed 
  1.4             district projects; amending Minnesota Statutes 1994, 
  1.5             sections 103D.335, subdivision 11; 103D.715, 
  1.6             subdivision 4; 103D.721, subdivision 3; and 117.011. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1994, section 103D.335, 
  1.9   subdivision 11, is amended to read: 
  1.10     Subd. 11.  [ACQUISITION OF PROPERTY.] The managers may 
  1.11  acquire by gift, purchase, taking under the procedures of this 
  1.12  chapter, or by the right of eminent domain, necessary real and 
  1.13  personal property.  The watershed district may acquire property 
  1.14  outside the watershed district where necessary for a water 
  1.15  supply system.  
  1.16     Sec. 2.  Minnesota Statutes 1994, section 103D.715, 
  1.17  subdivision 4, is amended to read: 
  1.18     Subd. 4.  [BENEFITS AND DAMAGES TO STATE LAND.] For all 
  1.19  watershed district projects, benefits and damages to property 
  1.20  owned by the state or a state agency, held and used for the 
  1.21  purposes described in sections 103E.025 and 103E.315, 
  1.22  subdivision 1, must be determined as using the procedure 
  1.23  provided in sections 103E.025 and 103E.315, subdivision 1, as 
  1.24  they are applicable.  
  1.25     Sec. 3.  Minnesota Statutes 1994, section 103D.721, 
  1.26  subdivision 3, is amended to read: 
  2.1      Subd. 3.  [STATE PROPERTY.] For all watershed district 
  2.2   projects, benefits and damages to property owned by the state or 
  2.3   a state agency that is held and used for the purposes described 
  2.4   in sections 103E.025 and 103E.315, subdivision 1, shall be 
  2.5   determined as using the procedure provided in sections 103E.025 
  2.6   and 103E.315, subdivision 1, as they are applicable.  
  2.7      Sec. 4.  Minnesota Statutes 1994, section 117.011, is 
  2.8   amended to read: 
  2.9      117.011 [RIGHT OF EMINENT DOMAIN.] 
  2.10     All bodies, public or private, who have the right of 
  2.11  eminent domain, when exercising the right, shall do so in the 
  2.12  manner prescribed by this chapter, even though a different 
  2.13  procedure may be provided by charter provisions, ordinance or 
  2.14  statute, but nothing herein shall apply to the taking of 
  2.15  property under laws relating to drainage or to town roads when 
  2.16  those laws themselves expressly provide for the taking and 
  2.17  specifically prescribe the procedure.  The taking of property 
  2.18  for a project undertaken by a watershed district under chapter 
  2.19  103D or for a project undertaken by a drainage authority under 
  2.20  chapter 103E may be carried out under the procedure provided by 
  2.21  those chapters. 
  2.22     Sec. 5.  [EFFECTIVE DATE.] 
  2.23     This act is effective the day after final enactment.