HF 3069

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

A bill for an act
relating to eminent domain; defining public use and other terms; prohibiting the
exercise of the power of eminent domain for economic development; amending
Minnesota Statutes 2004, sections 117.025; 117.075, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2004, section 117.025, is amended to read:

117.025 DEFINITIONS.

Subdivision 1.

Words, terms, and phrases.

Unless the language or context clearly
indicates that a different meaning is intended, new text begin for the purposes of this chapter and any
other general or special law authorizing the exercise of the power of eminent domain, new text end the
words, terms, and phrases defined in this section have the meanings given them.

Subd. 2.

Taking.

Taking and all words and phrases of like import include every
interference, under the right of eminent domain, with the possession, enjoyment, or value
of private property.

Subd. 3.

Owner.

"Owner" includes all persons interested in such property as
proprietors, tenants, life estate holders, encumbrancers, or otherwise.

new text begin Subd. 4. new text end

new text begin Public use or public purpose. new text end

new text begin (a) Property is taken for a "public use" or
"public purpose" if:
new text end

new text begin (1) it is intended at the time of the taking to be owned by an entity with the power
of eminent domain;
new text end

new text begin (2) it is intended to be conveyed to an entity without the power of eminent domain
for use by the general public as of right;
new text end

new text begin (3) at the time of the taking the property is abandoned or blighted, or its use
constitutes an immediate threat to public health and safety;
new text end

new text begin (4) eventual ownership or occupation of a portion of the property by a private person
or entity is an incidental part of total property taken; or
new text end

new text begin (5) it is taken to clear a defect in its title.
new text end

new text begin (b) Property is not taken for a "public use" or "public purpose" if it is taken for
transfer to a person or entity without the power of eminent domain primarily to increase
tax revenues, tax base or employment, or to promote economic development, except when
the owner requests that eminent domain be used to acquire the property.
new text end

Sec. 2.

Minnesota Statutes 2004, section 117.075, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Evidence of necessity. new text end

new text begin The court must determine if the taking is
necessary by a preponderance of the evidence, unless the property taken is intended for
primarily private use. If the property taken is intended primarily for private use, the court
must find the taking necessary by clear and convincing evidence.
new text end