SF 1664

1st Engrossment - 87th Legislature (2011 - 2012) Posted on 03/06/2012 08:54am

A bill for an act
relating to eminent domain; authorizing inverse condemnation by a mixed
municipal solid waste collection 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 COLLECTION 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, or a corporation or association
in which the person is a shareholder or member, 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 collection 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 collection 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 collection
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 collection 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, or a corporation or association in which the person
is a shareholder or member, may not maintain an action against a political subdivision
under subdivision 1 if the person provides mixed municipal solid waste collection
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, or a
corporation or association in which the person is a shareholder or member, can provide the
services in the political subdivision. A person, or a corporation or association in which the
person is a shareholder or member, may not maintain an action under subdivision 1 if the
political subdivision does not renew or terminates the contract for collection services.
new text end

new text begin Subd. 3. new text end

new text begin Statute of limitations. new text end

new text begin An action brought under subdivision 1 must be
commenced within six months of the day the political subdivision begins providing mixed
municipal solid waste collection services that are alleged to be a taking.
new text end