HF 3092

as introduced - 88th Legislature (2013 - 2014) Posted on 03/17/2014 01:51pm

A bill for an act
relating to the Metropolitan Council; prohibiting the use of eminent domain;
amending Minnesota Statutes 2012, sections 473.129, subdivision 7; 473.405,
subdivision 5; 473.411, subdivisions 3, 4; 473.504, subdivision 9; 473.516,
subdivision 1; repealing Minnesota Statutes 2012, section 473.405, subdivisions
3, 9.

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

Section 1.

Minnesota Statutes 2012, section 473.129, subdivision 7, is amended to read:

Subd. 7.

Property new text begin ; no eminent domain new text end .

The council may acquire, own, hold,
use, improve, operate, maintain, lease, exchange, transfer, sell, or otherwise dispose of
personal or real property, franchises, easements, or property rights or interests of any kind.
new text begin Notwithstanding any other provision in law that authorizes the council to acquire property
by eminent domain, the council must not use eminent domain unless a law authorizing
its use for a specific project is enacted. The council must not acquire property from any
other entity that used eminent domain to acquire the property within ten years of the
proposed transfer to the council.
new text end

Sec. 2.

Minnesota Statutes 2012, section 473.405, subdivision 5, is amended to read:

Subd. 5.

Acquisition of transit systems.

The council may acquire by purchase,
lease, new text begin or new text end gift deleted text begin , or condemnation proceedings deleted text end any existing public transit system or any part
thereof, including all or any part of the plant, equipment, shares of stock, property, real,
personal, or mixed, rights in property, reserve funds, special funds, franchises, licenses,
patents, permits and papers, documents and records belonging to any operator of a public
transit system within the metropolitan area, and may in connection therewith assume any
or all liabilities of any operator of a public transit system. deleted text begin The council may take control of
and operate a system immediately following the filing and approval of the initial petition
for condemnation, if the council, in its discretion, determines this to be necessary, and
may take possession of all right, title and other powers of ownership in all properties
and facilities described in the petition. Control must be taken by resolution which is
effective upon service of a copy on the condemnee and the filing of the resolution in
the condemnation action. In the determination of the fair value of the existing public
transit system, there must not be included any value attributable to expenditures for
improvements made by the former Metropolitan Transit Commission or council.
deleted text end

The council may continue or terminate within three months of acquisition any
advertising contract in existence by and between any advertiser and a transit system that
the council has acquired. If the council determines to terminate the advertising contract,
it shall acquire all of the advertiser's rights under the contract by purchase or eminent
domain proceedings as provided by law.

Sec. 3.

Minnesota Statutes 2012, section 473.411, subdivision 3, is amended to read:

Subd. 3.

Services of Department of Transportation.

The council may make
use of engineering and other technical and professional services, including regular staff
and qualified consultants, which the commissioner of transportation can furnish, upon
fair and reasonable reimbursement for the cost thereof; provided, that the council has
final authority over the employment of any services from other sources which it may
deem necessary for such purposes. The commissioner of transportation may furnish all
engineering, legal, and other services, if so requested by the council and upon fair and
reasonable reimbursement for the cost thereof by the council, for the purposes stated in
this subdivision, including the acquisition by purchase deleted text begin , condemnation deleted text end , or otherwise in the
name of the council of all lands, waters, easements, or other rights or interests in lands or
waters required by the council. No purchase of service agreements may be made under
this subdivision which are not included in the budget of the council.

Sec. 4.

Minnesota Statutes 2012, section 473.411, subdivision 4, is amended to read:

Subd. 4.

State highways; joint use for transit and highway purposes.

Wherever
the joint construction or use of a state highway is feasible in fulfilling the purposes
of sections 473.405 to 473.449, the council shall enter into an agreement with the
commissioner of transportation therefor, evidenced by a memorandum setting forth the
terms of the agreement. Either the council or the commissioner of transportation may
acquire any additional lands, waters, easements or other rights or interests required for joint
use in accordance with the agreement deleted text begin , or joint acquisition may be made by condemnation
as provided by section 117.016 and the provisions of sections 473.405 to 473.449 deleted text end . Under
the agreement each party shall pay to the other party reasonable compensation for the costs
of any services performed at the request of the other party which may include any costs of
engineering, design, acquisition of property, construction of the facilities, and for the use
thereof so far as attributable to and necessary for the purposes. The council may not agree
to acquisitions or expenditures under this subdivision which are not included in its budget.

Sec. 5.

Minnesota Statutes 2012, section 473.504, subdivision 9, is amended to read:

Subd. 9.

May get property.

The council may acquire by purchase, lease,
deleted text begin condemnation, deleted text end gift, or grant, any real or personal property including positive and negative
easements and water and air rights, and it may construct, enlarge, improve, replace, repair,
maintain, and operate any interceptor or treatment works determined to be necessary
or convenient for the collection and disposal of sewage in the metropolitan area. Any
local government unit and the commissioners of transportation and natural resources are
authorized to convey to or permit the use of any such facilities owned or controlled by it
by the council, subject to the rights of the holders of any bonds issued with respect thereto,
with or without compensation, without an election or approval by any other government
agency. All powers conferred by this subdivision may be exercised both within or without
the metropolitan area as may be necessary for the exercise by the council of its powers or
the accomplishment of its purposes. The council may hold such property for its purposes,
and may lease any such property so far as not needed for its purposes, upon such terms and
in such manner as it shall deem advisable. deleted text begin Unless otherwise provided, the right to acquire
lands and property rights by condemnation shall be exercised in accordance with chapter
117, and shall apply to any property or interest therein owned by any local government
unit; provided, that no such property devoted to an actual public use at the time, or held to
be devoted to such use within a reasonable time, shall be so acquired unless a court of
competent jurisdiction shall determine that the use proposed by the board is paramount to
such use. Except in case of property in actual public use, the council may take possession
of any property for which condemnation proceedings have been commenced at any time
after the issuance of a court order appointing commissioners for its condemnation.
deleted text end

Sec. 6.

Minnesota Statutes 2012, section 473.516, subdivision 1, is amended to read:

Subdivision 1.

Acquisition and operation.

Without limiting the grant or
enumeration of any of the powers conferred on the council under sections 473.501
to 473.549, the council shall have the specific power to acquire by purchase, lease,
deleted text begin condemnation, deleted text end gift or grant any real or personal property, positive and negative easements
and water and air rights, and it may construct, enlarge, improve, replace, repair, maintain
and operate waste facilities in the metropolitan area deemed to be necessary or convenient
in connection with the processing or disposal of waste resulting from sewage treatment,
and the council may contract for the maintenance and operation of such waste facilities,
subject to the bidding requirements of section 473.523. The council may accept for
processing waste derived from outside the metropolitan area in the state, as well as waste
derived from within the metropolitan area, and may fix and collect fees and charges for the
acceptance of waste as the council determines to be reasonable.

Sec. 7. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2012, section 473.405, subdivisions 3 and 9, new text end new text begin are repealed.
new text end

Sec. 8. new text begin APPLICATION.
new text end

new text begin This act applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
Scott, and Washington.
new text end