HF 2586

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to real property; eminent domain; defining public use; 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 [117.012] PUBLIC USE.
new text end

new text begin (a) No body, public or private, having the power of eminent domain under this
chapter or any other provision of law, shall exercise the power of eminent domain unless
the taking of the property is necessary for a public use.
new text end

new text begin (b) For purposes of this section, "public use" is limited to:
new text end

new text begin (1) the possession, occupation, or enjoyment of the taken property by the general
public or a public body;
new text end

new text begin (2) the acquisition of an interest in property by a public service corporation or
common carrier that is essential to the performance of the duties, function, or purpose of
the public service corporation or common carrier; or
new text end

new text begin (3) the acquisition of property by a public body necessary to protect the public
health or safety.
new text end

new text begin (c) Property or an interest in property acquired by eminent domain may not be
transferred or conveyed to a private person, or for a use that is not a public use.
new text end