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HF 2119

as introduced - 87th Legislature (2011 - 2012) Posted on 02/08/2012 12:03pm

KEY: stricken = removed, old language.
underscored = added, new language.
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Engrossments
Introduction Posted on 02/08/2012

Current Version - as introduced

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A bill for an act
 relating to local government; limiting a city's power of eminent domain outside
of the city; amending Minnesota Statutes 2010, sections 412.211; 465.01.

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

Section 1.

Minnesota Statutes 2010, section 412.211, is amended to read:


412.211 GENERAL STATUTORY CITY POWERS.

Every city shall be a municipal corporation having the powers and rights and being
subject to the duties of municipal corporations at common law. Each shall have perpetual
succession, may sue and be sued, may use a corporate seal, may acquire, either within or
without its corporate limits, such real and personal property as the purposes of the city
may require, by purchase, gift, devise, condemnation, lease or otherwise, and may hold,
manage, control, sell, convey, lease, or otherwise dispose of such property as its interests
require.new text begin Notwithstanding the provisions of this section, a city's power of eminent domain
under this section is subject to the provisions of section 465.01.new text end The powers listed in this
act are not exclusive and other provisions of law granting additional powers to cities or to
classes of cities shall apply except where inconsistent with this chapter.

Sec. 2.

Minnesota Statutes 2010, section 465.01, is amended to read:


465.01 POWER OF EMINENT DOMAIN.

new text begin (a) new text end deleted text begin All citiesdeleted text end new text begin A home rule charter or statutory citynew text end may exercise the power of eminent
domain for the purpose of acquiring private property within deleted text begin or withoutdeleted text end the corporate limits
deleted text begin thereofdeleted text end new text begin of the citynew text end for any purpose for which it is authorized by law to take or hold the
same by purchase or gift deleted text begin anddeleted text end new text begin . Any citynew text end may new text begin also new text end exercise the power of eminent domain for
the purpose of acquiring a right-of-way for sewerage or drainage purposes and an outlet
for sewerage or drainage within or without the corporate limits deleted text begin thereof.deleted text end new text begin of the city. A city
may also exercise the power of eminent domain outside the corporate limits of the city if:
new text end

new text begin (1) specifically authorized under law to do so;
 new text end

new text begin (2) the eminent domain proceeding is brought under section 103B.311, subdivision
2; 162.09; 165.07; 165.09; 440.38; or 471A.03; or
 new text end

new text begin (3) the parcel of property is bordered by the city on at least three sides. For purposes
of this clause, a city may not use a series of condemnations of surrounding property to
meet the border requirements on the entire parcel.
 new text end

new text begin (b)new text end The procedure in the event of condemnation shall be that prescribed by chapter
117, or that prescribed by the charter of deleted text begin suchdeleted text end new text begin thenew text end city.