HF 1365

2nd Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to local government; authorizing inverse
condemnation by a mixed municipal solid waste services
business when a governmental entity occupies the
market; proposing coding for new law in Minnesota
Statutes, chapter 117.

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

Section 1.

new text begin [117.58] GOVERNMENT ENTRY INTO MIXED MUNICIPAL
SOLID WASTE SERVICES BUSINESS; INVERSE CONDEMNATION.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin As used in this section,
"political subdivision" means a statutory or home rule charter
city or a town.
new text end

new text begin Subd. 2. new text end

new text begin Person to bring action. new text end

new text begin A person may bring an
action in district court to compel a political subdivision of
the state to commence condemnation proceedings if:
new text end

new text begin (1) the political subdivision of the state determines to
provide, directly or indirectly, mixed municipal solid waste
collection services previously provided by private persons
within the jurisdiction of the political subdivision or limits
the number of private persons who are permitted to provide the
mixed municipal solid waste collection services within the
jurisdiction so as to exclude a private person then providing
such services from continuing to do so;
new text end

new text begin (2) as a result of the political subdivision's actions, the
person is not able to continue in business to provide
substantially the same mixed municipal solid waste collection
services as before; and
new text end

new text begin (3) but for the political subdivision's actions, the person
would be able to continue to provide substantially the same
mixed municipal solid waste collection services in substantially
the same market as before the government's actions.
new text end

new text begin Subd. 3. new text end

new text begin Limitation. new text end

new text begin (a) A person may not maintain an
action against a political subdivision under subdivision 2 if
the person provides mixed municipal solid waste collection
services to that political subdivision under a contract between
the person and the political subdivision which sets forth the
terms and conditions under which the person can provide the
services in the political subdivision. A person may not
maintain an action under subdivision 2, if, pursuant to the
terms of the contract, the political subdivision does not renew
the contract for collection services.
new text end

new text begin (b) A person may not maintain an action against a political
subdivision under subdivision 2 if the political subdivision
prohibits a person providing mixed municipal solid waste
collection services from providing the services because the
person engaged in criminal or fraudulent conduct.
new text end

new text begin Subd. 4. new text end

new text begin Statute of limitations. new text end

new text begin An action brought under
subdivision 2 must be commenced within six months of the day the
political subdivision begins providing mixed municipal solid
waste collection services that are alleged to be a taking.
new text end