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HF 3768

as introduced - 86th Legislature (2009 - 2010) Posted on 04/12/2010 01:54pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 04/12/2010

Current Version - as introduced

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A bill for an act
relating to metropolitan government; authorizing the Metropolitan Council
to acquire certain property interests of the University of Minnesota by
condemnation proceedings; amending Minnesota Statutes 2008, section 473.405,
subdivisions 3, 9.

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

Section 1.

Minnesota Statutes 2008, section 473.405, subdivision 3, is amended to read:


Subd. 3.

Condemnation.

The council may for transit purposes acquire property,
franchises, easements, or property rights or interests of any kindnew text begin , including property,
franchises, easements, or property rights or interests of the University of Minnesota,
new text end by
condemnation proceedings pursuant to chapter 117. Except as provided in subdivision
9, the council may take possession of any propertynew text begin , including property of the University
of Minnesota,
new text end for which condemnation proceedings have been commenced at any time
after the filing of the petition describing the property in the proceedings. The council
may contract with an operator or other persons for the use by the operator or person of
any property under the council's control.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2008, section 473.405, subdivision 9, is amended to read:


Subd. 9.

Condemnation of public or public service corporation property.

The fact that property is owned by or is in charge of a public agencynew text begin , the University of
Minnesota,
new text end or a public service corporation organized for a purpose specified in section
301B.01, or is already devoted to a public use or to use by the corporation or was acquired
therefor by condemnation may not prevent its acquisition by the council by condemnation,
but if the property is in actual public use or in actual use by the corporation for any
purpose of interest or benefit to the public, the taking by the council by condemnation
may not be authorized unless the court finds and determines that there is greater public
necessity for the proposed use by the council than for the existing use.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end