SF 1376

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

A bill for an act
relating to local government; authorizing inverse
condemnation by a mixed municipal solid waste services
business when a governmental entity occupies the
market; proposing coding for new law in Minnesota
Statutes, chapter 117.

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

Section 1.

new text begin [117.58] GOVERNMENT ENTRY INTO MIXED MUNICIPAL
SOLID WASTE SERVICES BUSINESS; INVERSE CONDEMNATION.
new text end

new text begin Subdivision 1. new text end

new text begin Person to bring action. new text end

new text begin A person may
bring an action in district court to compel a political
subdivision of the state to commence condemnation proceedings if:
new text end

new text begin (1) the political subdivision of the state determines to
provide, directly or indirectly, mixed municipal solid waste
services previously provided by private persons within the
jurisdiction of the state or political subdivision or limits the
number of private persons who are permitted to provide the mixed
municipal solid waste services within the jurisdiction so as to
exclude a private person then providing such services from
continuing to do so;
new text end

new text begin (2) as a result of the political subdivision's actions, the
person is not able to continue in business to provide
substantially the same mixed municipal solid waste services as
before; and
new text end

new text begin (3) but for the political subdivision's actions, the person
would be able to continue to provide substantially the same
mixed municipal solid waste services in substantially the same
market as before the government's actions.
new text end

new text begin Subd. 2. new text end

new text begin Limitation. new text end

new text begin A person may not maintain an action
against a political subdivision under subdivision 1 if the
person provides mixed municipal solid waste services to that
political subdivision under a contract between the person and
the political subdivision which sets forth the terms and
conditions under which the person can provide the services in
the political subdivision.
new text end