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SF 1659

3rd Engrossment - 86th Legislature (2009 - 2010) Posted on 05/08/2010 08:56am

KEY: stricken = removed, old language.
underscored = added, new language.
Version List Authors and Status
Rtf

Current Version - 3rd Engrossment

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A bill for an act
 relating to eminent domain; modifying definition of public use; amending
Minnesota Statutes 2008, section 117.025, subdivision 11.

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

Section 1.

Minnesota Statutes 2008, section 117.025, subdivision 11, is amended to
read:


Subd. 11.

Public use; public purpose.

(a) "Public use" or "public purpose" means,
exclusively:

(1) the possession, occupation, ownership, and enjoyment of the land by the general
public, or by public agencies;

(2) the creation or functioning of a public service corporation; deleted text begin or
deleted text end

(3) mitigation of a blighted area, remediation of an environmentally contaminated
area, reduction of abandoned property, or removal of a public nuisancedeleted text begin .deleted text end new text begin ; or
new text end

new text begin (4) mitigation of the harmful effects of abandoned property. For purposes of
this clause, abandoned property means improved property that has been substantially
unoccupied or unused for any commercial or residential purpose for at least six months by
a person with a legal or equitable right to occupy or use the property and: (i) is located
in a city in an area designated by resolution as having a disproportionate number of
vacant residential buildings or mortgage foreclosures, as described in section 469.202,
subdivision 2, paragraph (d); (ii) would qualify as abandoned property under the criteria
in section 582.032, subdivision 7, regardless of whether the property is the subject of a
foreclosure sale or action; and (iii) for which taxes have not been paid for at least one
previous year. This clause expires on December 31, 2015.
 new text end

(b) The public benefits of economic development, including an increase in tax base,
tax revenues, employment, or general economic health, do not by themselves constitute
a public use or public purpose.

new text begin EFFECTIVE DATE. new text end

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