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HF 3113

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

KEY: stricken = removed, old language.
underscored = added, new language.
Version List Authors and Status
Rtf

Bill Text Versions

Engrossments
Introduction Posted on 03/02/2006

Current Version - as introduced

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A bill for an act
 relating to eminent domain; proposing an amendment to the Minnesota
Constitution, article I, section 13; increasing compensation for homeowners in
eminent domain actions; prohibiting the use of eminent domain for economic
development; requiring clear and convincing evidence of public use when using
eminent domain to eliminate blight.

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

Section 1.

CONSTITUTIONAL AMENDMENT PROPOSED


new text begin An amendment to the Minnesota Constitution, article I, section 13, is proposed to
the people. If the amendment is adopted, the section will read:
 new text end

Sec. 13.

new text begin PRIVATE PROPERTY FOR PUBLIC USE. new text end Private property shall not be
taken, destroyed or damaged for public use without just compensation therefor, first
paid or secured. new text begin If private property consisting of an individuals principal residence is
taken for public use, the amount of compensation determined and made for that taking
shall be not less than 125 percent of that propertys fair market value, in addition to any
other reimbursement allowed by law. "Public use" does not include the taking of private
property for transfer to a private entity for the purpose of economic development or
enhancement of tax revenues. In a condemnation action, the burden of proof is on the
condemning authority to demonstrate by a preponderance of the evidence that the taking
of a private property is for a public use, unless the condemnation action involves a taking
for the elimination of blight, in which case the burden of proof is on the condemning
authority to demonstrate by clear and convincing evidence that the taking of that property
is for a public use.new text end

Sec. 2.

SUBMISSION TO VOTERS.


new text begin The proposed amendment must be submitted to the people at the 2006 general
election. The question submitted must be:
 new text end

new text begin "Shall the Minnesota Constitution be amended to increase compensation to an
owner whose home is taken to 125 percent of fair market value, prohibit the use of
eminent domain for economic development, and require a heightened level of proof by the
government when using eminent domain to eliminate blight?
 new text end

new text begin Yes .......
 new text end
new text begin No ......."
 new text end