SF 1251

2nd Engrossment - 89th Legislature (2015 - 2016) Posted on 09/09/2015 01:20pm

A bill for an act
relating to condemnation; limiting railroad condemnation power in Hennepin
County for public safety reasons; proposing coding for new law in Minnesota
Statutes, chapter 383B.

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

Section 1.

new text begin [383B.83] LIMITS ON RAILROAD CONDEMNATION POWERS
OVER CERTAIN GOVERNMENTAL PROPERTY INTERESTS.
new text end

new text begin Notwithstanding anything to the contrary in chapter 117, sections 222.26, 222.27,
222.36, or any other law, the powers of a foreign or domestic railroad corporation or a
railroad company or a railroad interest acting as a public service corporation or a common
carrier do not include the power to exercise eminent domain over a property interest of
Hennepin County, the Hennepin County Housing and Redevelopment Authority, or the
Hennepin County Regional Railroad Authority if the governmental power, by resolution
of its governing board, determines based on specific findings that the public safety or
access of first responders would be substantially and adversely affected by the exercise.
new text end

Sec. 2. new text begin EFFECTIVE DATE.
new text end

new text begin This section is effective retroactively from March 2, 2015, and applies to any
eminent domain action to acquire any property interest of any of the named entities.
new text end