SF 1365

as introduced - 89th Legislature (2015 - 2016) Posted on 03/05/2015 08:56am

A bill for an act
relating to local government; prohibiting local governments from using the power
of eminent domain to acquire real property for parks and recreational space;
amending Minnesota Statutes 2014, sections 368.01, subdivision 27; 373.01, by
adding a subdivision; 383A.07, subdivisions 1, 16, 17; 383A.554; 383B.72;
398.08; 398.09; 398.32, subdivision 1; 412.211; 448.03; 465.01; 465.15; 465.16.

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

Section 1.

Minnesota Statutes 2014, section 368.01, subdivision 27, is amended to read:

Subd. 27.

Power of eminent domain.

A town that has special powers under this
section may acquire private property within or without its limits by eminent domain for
any purpose for which it is authorized by law to take or hold property by purchase or gift.
It may also acquire by eminent domain a right-of-way for sewerage or drainage purposes
and an outlet for sewerage or drainage within or without its limits. The procedure shall
be that prescribed by chapter 117. new text begin A town may not use eminent domain to acquire real
property for parks and recreational space.
new text end

Sec. 2.

Minnesota Statutes 2014, section 373.01, is amended by adding a subdivision
to read:

new text begin Subd. 5. new text end

new text begin Park lands; no eminent domain. new text end

new text begin Notwithstanding any other grant of
authority in general or special law, a county may not use the power of eminent domain
to acquire real property for parks and recreational space.
new text end

Sec. 3.

Minnesota Statutes 2014, section 383A.07, subdivision 1, is amended to read:

Subdivision 1.

Parks and open space system.

Ramsey County may acquire real
and personal property within or without the county by purchase, lease, gift, deleted text begin condemnation, deleted text end
option, contract or otherwise including any estate, interest, easement or right, and subject to
any estate, interest, easement or right. The county shall hold, improve, maintain, supervise,
control and operate the property so acquired for park, open space or recreational purposes.

Sec. 4.

Minnesota Statutes 2014, section 383A.07, subdivision 16, is amended to read:

Subd. 16.

Park and recreational areas.

Ramsey County may acquire by gift, new text begin or
new text end purchase, deleted text begin or condemnation, deleted text end and may improve and maintain public parks, bathing beaches
and other recreational areas.

The county may by ordinance provide for the use, government and protection of
these public parks, bathing beaches and other recreational areas.

Sec. 5.

Minnesota Statutes 2014, section 383A.07, subdivision 17, is amended to read:

Subd. 17.

Navigable lakes; improvement and recreation grounds.

Ramsey
County may appropriate and expend moneys for the improvement of navigable lakes
lying wholly or partly inside the county.

Ramsey County may acquire land inside the county by gift, lease, new text begin or new text end purchase deleted text begin or
condemnation deleted text end , in the vicinity of a lake of this kind, for a public recreational purpose, and
may acquire, improve, equip and maintain these recreational grounds.

Sec. 6.

Minnesota Statutes 2014, section 383A.554, is amended to read:

383A.554 POWERS AND DUTIES.

Before December 31, 1989, the Charter Commission shall deliver to the board of
county commissioners either (1) its report determining that the present form of county
government is adequate for the county and that a charter is not necessary or desirable,
or (2) a draft of a proposed charter. The report must be signed by a majority of the
members of the charter commission. The proposed charter may provide for any form of
government consistent with the Constitution of the state of Minnesota. It may provide for
the establishment and administration of all departments of a county government and for
the regulation of all local county functions. It may abolish or consolidate any department
or agency. The charter commission is required to hold at least one public hearing in
each of the county commissioner districts.

It shall provide for present functions to be assumed by new elective or appointive
officers as shall be provided for in the charter and may provide for other powers consistent
with other law. It shall provide methods of procedure in respect to the operation of the
government created and the duties of all officers. It shall provide for a home rule charter
commission consistent with article XII, section 5, of the Constitution of the state of
Minnesota and may provide for alternative methods for amending or abandoning the
charter consistent with the Constitution. new text begin Except as otherwise provided in this section, new text end the
county may be authorized to acquire by gift, devise, purchase, or condemnation or sell
or lease any property needed for the full discharge of its duties and powers. new text begin The county
may not be authorized to acquire by condemnation real property for parks and recreational
space. new text end All special and general laws authorizing the county to incur indebtedness or issue
bonds shall be subject to the charter, provided that the charter provisions are not in conflict
with general laws relating to public indebtedness. The county shall continue to have all
the powers granted by law.

Personnel matters relating to Ramsey County employees shall continue to be
governed by sections 383A.281 to 383A.301 and sections 197.455 to 197.48. A charter
proposed for adoption under sections 383A.551 to 383A.556 shall not apply to personnel
matters.

Sec. 7.

Minnesota Statutes 2014, section 383B.72, is amended to read:

383B.72 LAND ACQUISITION; TOWN CONSENT.

Notwithstanding the provisions of section 398.09, the Board of Park District
Commissioners of the Three Rivers Park District, before acquiring by purchase deleted text begin or
condemnation deleted text end real estate located within the boundaries of any organized town in Hennepin
County, shall secure the consent of the town board of such town to such acquisition,
by resolution duly adopted by such board.

Sec. 8.

Minnesota Statutes 2014, section 398.08, is amended to read:

398.08 GENERAL POWERS.

Park districts shall have all the rights, powers, privileges, and immunities of a
municipal corporation at common law and they shall be subject to the duties of a municipal
corporation at common law. Except as otherwise limited in this chapter they shall have
perpetual succession, may sue and be sued, may use a corporate seal, may acquire by lease,
purchase, gift, deleted text begin condemnation, deleted text end or otherwise such real and personal property as the purposes
of the board may require and may hold, manage, control, sell, convey, lease or otherwise
dispose of such property or its interests therein. The board shall have full authority to
exercise all the powers of the district, to make all necessary or desirable contracts, to
procure public liability and other insurance protection as may be necessary or desirable, to
hire and employ help and assistance as its needs require, deleted text begin to exercise the power of eminent
domain, deleted text end to enact ordinances, and to declare that the violation thereof shall be a penal
offense and to prescribe the penalties thereof, not to exceed a fine of $100, or imprisonment
in a statutory city or county jail for a period of not more than 90 days, or both, and in either
case the cost of prosecution may be added to the penalties imposed. The board shall have
full power and authority to acquire and establish parks and to operate, maintain, protect,
improve and preserve a park system and to conduct a recreational program in its parks.

Sec. 9.

Minnesota Statutes 2014, section 398.09, is amended to read:

398.09 SPECIFIC POWERS.

Park district boards in addition to the foregoing general powers shall have these
specific powers:

(a) The power to regulate by ordinance the use of the waters of any lake lying
wholly within a park established under this chapter and the use of any lake shore which
is within a park established under this chapter and the waterfront immediately abutting
such lake shore for not to exceed 300 feet therefrom, by all persons, including persons
boating, swimming, fishing, skating, or otherwise, in, upon, or about said lake, lake shore,
and abutting waterfront, subject to regulation by the state of Minnesota.

(b) The power to acquire lands either within or without the park district for
conversion into forest reserves and for the conservation of the natural resources of the
state, including streams, lakes, submerged lands and swamplands, and to these ends may
create parks, parkways, forest reservations and other reservations and afforest, develop,
improve, protect and promote the use of the same in such manner as is conducive to the
general welfare. These lands may be acquired by the board, on behalf of the district, by
gift or devise, new text begin or new text end by purchase deleted text begin or by condemnation deleted text end . In furtherance of the use and enjoyment
of the lands controlled by it, the board may accept donations of money or other property,
or may act as trustee of land, money or other property and use and administer the same as
stipulated by the donor, or as provided in the trust agreement. The terms of each trust shall
first be approved by the district court before acceptance by the board. If the park district
includes all or part of more than one court district, approval shall be by the district court of
the court district having the largest area within the park district. deleted text begin In case of condemnation
the proceedings are to be instituted in the name of the district and conducted in the manner
provided in chapter 117 and acts now in effect and hereafter adopted amendatory thereof
and supplemental thereto. deleted text end Either the fee or any lesser interest may be acquired as the
board deems advisable. Nothing herein contained shall authorize the board to deleted text begin :
deleted text end

deleted text begin (1) deleted text end acquire real estate by purchase deleted text begin or condemnation deleted text end which is located within the
boundaries of an incorporated statutory city or city unless the governing body of such
statutory city or city shall have consented thereto by resolution duly adopted deleted text begin ; or deleted text end new text begin .
new text end

deleted text begin (2) acquire real estate by condemnation which is located outside the park district
unless the board of county commissioners of the county in which such property is located
has consented thereto by resolution duly adopted.
deleted text end

(c) The power, if the board finds that any lands which it has acquired are not
necessary for the purposes for which acquired, to dispose of such lands upon such terms
as are advisable, including the power to transfer such lands to other public corporations.
Where lands which were acquired by condemnation less than 20 years before are to be
sold to private parties, the former owners, or their heirs, successors or assigns, shall be
notified in writing of the board's intent to dispose of the properties and shall be given 20
days to purchase the property taken from them at such price as the board shall deem
fair compensation to the district for such property. The board may lease any of its lands
or permit their use for purposes consistent with the purposes for which the lands were
acquired upon such terms as are advisable. No such lands shall be sold without the
approval of the district court of the county in which the lands are situated.

(d) The power to fix, alter, charge, and collect fees, tolls, and charges for the use of
facilities of the park district, for services rendered by, or for any commodities furnished
by, or for licenses issued by, the board pursuant to ordinances authorized hereunder. All
fines collected for any violation of a board's ordinance shall be paid into the treasury of
such park district board.

(e) The power to borrow, make, and issue negotiable bonds, notes, and other
evidences of indebtedness, subject to the provisions of sections 398.16 and 398.17, and
to pledge its full faith, credit, and taxing power to the payment thereof, and/or to secure
the payment of such obligations or any part thereof by mortgage, lien, pledge, deed of
trust otherwise, on all or any of its property, contracts, franchises, or revenues and to make
such agreements with the purchasers or holders of such notes, bonds or other evidences of
indebtedness or with others in connection with the same, whether issued or to be issued.

(f) The power to cooperate with or borrow from any governmental organization,
state or federal, or from any agency of the state or federal government for any purpose
within the scope of the authority of this corporation.

(g) The power to cooperate with any public or municipal corporation, with the
counties and with any private or public organization engaged in conservation, recreational
activities, protection of the public health and safety, prevention of water pollution,
sanitation, and/or mosquito abatement for any constructive purpose, and the power, upon
request, to assume control of all or a portion of any existing parks or park lands owned by
any county government or municipal corporation in the park district; such control shall
be assumed only at the request of and by agreement with the public authority in control
of such parks or park lands. Thereupon such parks or park lands may be developed,
improved, protected, and operated as a park as in case of lands otherwise acquired by the
board. Such acquisition or assumption of control or operation of a municipal park system
by a park district shall in no way impair the authority and power of such municipality
to levy and collect taxes for park, playground, and recreational purposes, all or part of
such tax funds to be transferred to the park district for such uses as may be agreed upon
between the district and the municipality.

(h) The power to designate employees as police officers within the parks under the
jurisdiction and control of the board, and employees so designated may exercise all the
powers of police officers within the park lands under the jurisdiction and control of the
board. Before exercising these powers, each such employee shall take an oath and give a
bond to the state in such sum as the board prescribes for the proper performance of the
employee's duties in such respect. The board may contract with municipalities or with
the county or counties for the policing of park properties.

(i) The power to enter into an agreement under section 471.59 with any political
subdivision, governmental unit, or agency, including an elected park and recreation
board in a city of the first class, to expend public money, including bond proceeds, in its
possession for any metropolitan regional park purposes, including transferring money in
its possession as a grant to other political subdivisions, governmental units, or agencies,
including an elected park and recreation board in a city of the first class.

Sec. 10.

Minnesota Statutes 2014, section 398.32, subdivision 1, is amended to read:

Subdivision 1.

Acquisition, establishment, and maintenance.

Any county may
acquire by purchase, lease, or gift deleted text begin or by condemnation deleted text end as provided by law any land or
water areas or interests therein within or outside of the county which the county board
deems suitable for use by the residents of the county for public park purposes and related
outdoor recreational purposes, may establish and name the same as county parks or other
units, and may hold, improve, maintain, supervise, control, and operate the same for said
purposes; provided, that no such area situated in any other county as defined by section
398.31 or otherwise shall be acquired without the approval by resolution of the county
board thereof, and no such area situated within the limits of any city shall be acquired
without the approval by resolution of the governing body thereof.

Sec. 11.

Minnesota Statutes 2014, section 412.211, is amended to read:

412.211 GENERAL STATUTORY CITY POWERS.

new text begin (a) new text end Every city shall be a municipal corporation having the powers and rights and
being subject to the duties of municipal corporations at common law. Each shall have
perpetual succession, may sue and be sued, may use a corporate seal, may acquire, either
within or without its corporate limits, such real and personal property as the purposes of
the city may require, by purchase, gift, devise, condemnation, lease or otherwise, and may
hold, manage, control, sell, convey, lease, or otherwise dispose of such property as its
interests require. The powers listed in this act are not exclusive and other provisions of
law granting additional powers to cities or to classes of cities shall apply except where
inconsistent with this chapter.

new text begin (b) Notwithstanding the authority granted in paragraph (a), a city may not acquire by
condemnation real property for use as park or recreational space.
new text end

Sec. 12.

Minnesota Statutes 2014, section 448.03, is amended to read:

448.03 FOURTH CLASS CHARTER CITY LAND FOR PARK,
FAIRGROUNDS.

Any city of the fourth class, operating under a home rule charter, may acquire
by purchase deleted text begin or condemnation deleted text end a tract of land not exceeding 25 acres, lying within
the corporate limits of the city, and devote the same to the uses of a public park and
incidentally may grant to the county agricultural society of the county in which the city is
situated the right to hold the annual county fair in the part of the park as shall not interfere
with its general usefulness for park purposes.

Sec. 13.

Minnesota Statutes 2014, section 465.01, is amended to read:

465.01 POWER OF EMINENT DOMAIN.

new text begin (a) new text end All cities may exercise the power of eminent domain for the purpose of acquiring
private property within or without the corporate limits thereof for any purpose for which it
is authorized by law to take or hold the same by purchase or gift and may exercise the
power of eminent domain for the purpose of acquiring a right-of-way for sewerage or
drainage purposes and an outlet for sewerage or drainage within or without the corporate
limits thereof. The procedure in the event of condemnation shall be that prescribed by
chapter 117, or that prescribed by the charter of such city.

new text begin (b) Notwithstanding the authority granted in paragraph (a), a statutory or home rule
charter city may not acquire by condemnation real property for use as park or recreational
space.
new text end

Sec. 14.

Minnesota Statutes 2014, section 465.15, is amended to read:

465.15 CITIES MAY ACQUIRE EXEMPT PROPERTY.

Each city of the first class now or hereafter having a population of 50,000 inhabitants
or more, including each such city operating under a charter adopted pursuant to the
provisions of the Constitution of the state of Minnesota, article IV, section 36, article
XI, section 4, or article XII, section 5, is hereby authorized and empowered to acquire
by purchase deleted text begin , condemnation, deleted text end or otherwise any right or interest in land either platted or
unplatted within the limits of the city, which interest in land consists of a right or privilege
in the owner of the land to offset certain amounts against special assessments levied by
the governing body, the city council, or the board of park commissioners of such city for
park or parkway purposes, or both.

Sec. 15.

Minnesota Statutes 2014, section 465.16, is amended to read:

465.16 POWER OF EMINENT DOMAIN.

new text begin (a) new text end In the event that the chief governing body, city council or board of park
commissioners of such city shall exercise such right by condemnation such body may do
so under any laws provided for the condemnation of real property or eminent domain
or under any provision of the charter of such city granting to such body the right of
condemnation or power of eminent domain; or, it being for the best interests of such city,
such chief governing board, city council, or board of park commissioners shall have
the power and authority to acquire the rights by purchase, taking into consideration the
present worth of such right to exemption and the probability or improbability that such
exemptions would ever be used as an offset to future assessments for benefits.

new text begin (b) Notwithstanding the authority granted in paragraph (a), a statutory or home rule
charter city council or board of park commissioners may not acquire by condemnation real
property for use as park or recreational space.
new text end