HF 2084

1st Engrossment - 87th Legislature (2011 - 2012) Posted on 02/29/2012 05:49pm

A bill for an act
relating to eminent domain; 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 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 services previously provided by private persons within the
jurisdiction of the state or political subdivision or limits the number of private persons who
are permitted to provide the mixed municipal solid waste 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 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 services in substantially the
same market as before the government's actions.
new text end

new text begin Subd. 2. new text end

new text begin Limitation. new text end

new text begin A person may not maintain an action against a political
subdivision under subdivision 1 if the person provides mixed municipal solid waste
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 or a
corporation or association in which the person is a shareholder or member can provide
the services in the political subdivision. A person may not maintain an action under
subdivision 1 if the political subdivision does not renew the contract for collection services.
new text end

new text begin Subd. 3. new text end

new text begin Statute of limitations. new text end

new text begin An action brought under subdivision 1 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