HF 1537

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:52am

A bill for an act
relating to eminent domain; modifying definition of public use; amending
Minnesota Statutes 2008, section 117.025, subdivision 11.

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

Section 1.

Minnesota Statutes 2008, section 117.025, subdivision 11, is amended to
read:

Subd. 11.

Public use; public purpose.

(a) "Public use" or "public purpose" means,
exclusively:

(1) the possession, occupation, ownership, and enjoyment of the land by the general
public, or by public agencies;

(2) the creation or functioning of a public service corporation; deleted text begin or
deleted text end

(3) mitigation of a blighted area, remediation of an environmentally contaminated
area, reduction of abandoned property, or removal of a public nuisance deleted text begin . deleted text end new text begin ; or
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new text begin (4) mitigation of harmful effects of foreclosures by taking possession of abandoned
property in either a targeted neighborhood as defined in section 469.201, subdivision 10,
or an area qualified to receive funding under the Housing and Economic Recovery Act
of 2008, Public Law 110-289. For purposes of this clause, abandoned property means
property: (i) that has been substantially unoccupied or unused for any commercial or
residential purpose for at least six months by a person with a legal or equitable right to
occupy the property; (ii) for which taxes have not been paid for at least one previous year;
and (iii) that has not been maintained. This clause expires on December 31, 2013.
new text end

(b) The public benefits of economic development, including an increase in tax base,
tax revenues, employment, or general economic health, do not by themselves constitute
a public use or public purpose.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end