SF 1115

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to eminent domain; modifying certain 
  1.3             provisions relating to the acquisition of property for 
  1.4             public purposes; amending Minnesota Statutes 1994, 
  1.5             sections 117.025, subdivision 2; 160.08, subdivisions 
  1.6             4 and 5; and 161.24, subdivision 1. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1994, section 117.025, 
  1.9   subdivision 2, is amended to read: 
  1.10     Subd. 2.  [TAKING.] Taking and all words and phrases of 
  1.11  like import include every interference, under the right of 
  1.12  eminent domain, with the possession, enjoyment, or value of 
  1.13  private property acquisition, destruction, or damage to private 
  1.14  property for public use.  
  1.15     Sec. 2.  Minnesota Statutes 1994, section 160.08, 
  1.16  subdivision 4, is amended to read: 
  1.17     Subd. 4.  [ACQUISITION OF PROPERTY.] Property rights, 
  1.18  including rights of access, air, view, and light which are 
  1.19  compensable under Minnesota and federal constitutions, may be 
  1.20  acquired by said road authorities with respect to both private 
  1.21  and public property by purchase, gift, or condemnation.  
  1.22     Sec. 3.  Minnesota Statutes 1994, section 160.08, 
  1.23  subdivision 5, is amended to read: 
  1.24     Subd. 5.  [ELIMINATION OF GRADE INTERSECTIONS; ADDITIONAL 
  1.25  ACCESS OPENINGS; COMPENSATION.] Such road authorities may 
  1.26  locate, establish, and construct controlled access highways, or 
  2.1   may designate and establish an existing street or highway as a 
  2.2   controlled access highway.  Such road authorities are authorized 
  2.3   to provide for the elimination of grade intersections of 
  2.4   controlled access highways with other existing streets or 
  2.5   highways of any kind or nature whatsoever.  The elimination may 
  2.6   be accomplished by the construction of grade separations, or the 
  2.7   construction of an outer lane as part of the controlled access 
  2.8   highway, or by closing off streets or highways at the 
  2.9   right-of-way boundary of the controlled access highway.  When an 
  2.10  outer lane is constructed, the abutting owners shall have access 
  2.11  to the outer lane unless the petition and notice in 
  2.12  condemnation, or the highway deed in cases of purchase, clearly 
  2.13  specifies that the right of access to the outer lane has been 
  2.14  acquired.  After the establishment of any controlled access 
  2.15  highway no other street or highway or private entry shall be 
  2.16  opened into or connected with any controlled access highway 
  2.17  without the consent and prior approval of the road authority 
  2.18  having jurisdiction over the controlled access highway.  The 
  2.19  consent and approval shall be given only if the public interest 
  2.20  shall be served thereby.  In the case of any elimination of 
  2.21  existing access, air, view, light, or other constitutionally 
  2.22  compensable property rights, the owner shall be compensated for 
  2.23  the loss by purchase or condemnation.  
  2.24     Sec. 4.  Minnesota Statutes 1994, section 161.24, 
  2.25  subdivision 1, is amended to read: 
  2.26     Subdivision 1.  [GRADE AT INTERSECTIONS.] When the 
  2.27  construction or reconstruction of a trunk highway results in a 
  2.28  change of grade which necessitates a change of grade in 
  2.29  intersecting or connecting highways or streets, including city 
  2.30  streets, the cost of making the grade changes and any damages 
  2.31  occasioned thereby which are constitutionally required to be 
  2.32  paid shall be paid out of the trunk highway fund.