103F.614 EMINENT DOMAIN ACTIONS.
Subdivision 1. Applicability.
An agency of the state, a public benefit corporation, a local
government, or any other entity with the power of eminent domain under chapter 117, except a
public utility as defined in section
, a municipal electric or gas utility, a municipal power
agency, a cooperative electric association organized under chapter 308A, or a pipeline operating
under the authority of the Natural Gas Act, United States Code, title 15, sections 717 to 717z,
shall follow the procedures in this section before:
(1) acquiring land or an easement in land with a total area over ten acres within a wetland
preservation area; or
(2) advancing a grant, loan, interest subsidy, or other funds for the construction of dwellings,
commercial or industrial facilities, or water or sewer facilities that could be used to serve
structures in areas that are not for agricultural use, that require an acquisition of land or an
easement in a wetland preservation area.
Subd. 2. Notice of intent.
At least 60 days before an action described in subdivision 1,
notice of intent must be filed with the Environmental Quality Board containing information and in
the manner and form required by the Environmental Quality Board. The notice of intent must
contain a report justifying the proposed action, including an evaluation of alternatives that would
not affect land within a wetland preservation area.
Subd. 3. Review and order.
The Environmental Quality Board, in consultation with affected
local governments, shall review the proposed action to determine its effect on the preservation
and enhancement of wetlands and the relationship to local and regional comprehensive plans.
If the Environmental Quality Board finds that the proposed action might have an unreasonable
effect on a wetland preservation area, the Environmental Quality Board shall issue an order
within the 60-day period under subdivision 2 for the party to refrain from the proposed action
for an additional 60 days.
Subd. 4. Public hearing.
During the additional 60 days, the Environmental Quality Board
shall hold a public hearing concerning the proposed action at a place within the affected wetland
preservation area or easily accessible to the wetland preservation area. Notice of the hearing must
be published in a newspaper having a general circulation within the area. Individual written notice
must be given to the local governments with jurisdiction over the wetland preservation area, the
agency, corporation or government proposing to take the action, the owner of land in the wetland
preservation area, and any public agency having the power of review or approval of the action.
Subd. 5. Joint review.
The review process required in this section may be conducted jointly
with any other environmental impact review by the Environmental Quality Board.
Subd. 6. Suspension of action.
The Environmental Quality Board may suspend an eminent
domain action for up to one year if it determines that the action is contrary to wetland preservation
and that there are feasible and prudent alternatives that may have a less negative impact on the
wetland preservation area.
Subd. 7. Termination of wetland preservation area.
The benefits and limitations of a
wetland preservation area, including the restrictive covenant for the portion of the wetland
preservation area taken, end on the date title and possession of the property is obtained.
Subd. 8. Action by attorney general.
The Environmental Quality Board may request the
attorney general to bring an action to enjoin an agency, corporation, or government from violating
Subd. 9. Exception.
This section does not apply to an emergency project that is immediately
necessary for the protection of life and property.
History: 1991 c 354 art 4 s 3