HF 3293

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.

[117.012] PUBLIC USE.

(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.

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

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

(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

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

(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.