Subdivision 1. Words, terms, and phrases.
For the purposes of this chapter and any other
general or special law authorizing the exercise of the power of eminent domain, the words, terms,
and phrases defined in this section have the meanings given them.
Subd. 2. Taking.
"Taking" and all words and phrases of like import include every
interference, under the power of eminent domain, with the possession, enjoyment, or value of
Subd. 3. Owner.
"Owner" includes all persons with any interest in the property subject to
a taking, whether as proprietors, tenants, life estate holders, encumbrancers, beneficial interest
holders, or otherwise.
Subd. 4. Condemning authority.
"Condemning authority" means a person or entity with the
power of eminent domain.
Subd. 5. Abandoned property.
"Abandoned property" means property that: (1) has been
substantially unoccupied or unused for any commercial or residential purpose for at least one year
by a person with a legal or equitable right to occupy the property; (2) has not been maintained;
and (3) for which taxes have not been paid for at least two previous years.
Subd. 6. Blighted area.
"Blighted area" means an area:
(1) that is in urban use; and
(2) where more than 50 percent of the buildings are structurally substandard.
Subd. 7. Structurally substandard.
"Structurally substandard" means a building:
(1) that was inspected by the appropriate local government and cited for one or more
enforceable housing, maintenance, or building code violations;
(2) in which the cited building code violations involve one or more of the following:
(i) a roof and roof framing element;
(ii) support walls, beams, and headers;
(iii) foundation, footings, and subgrade conditions;
(iv) light and ventilation;
(v) fire protection, including egress;
(vi) internal utilities, including electricity, gas, and water;
(vii) flooring and flooring elements; or
(viii) walls, insulation, and exterior envelope;
(3) in which the cited housing, maintenance, or building code violations have not been
remedied after two notices to cure the noncompliance; and
(4) has uncured housing, maintenance, and building code violations, satisfaction of which
would cost more than 50 percent of the assessor's taxable market value for the building, excluding
land value, as determined under section
for property taxes payable in the year in which
the condemnation is commenced.
A local government is authorized to seek from a judge or magistrate an administrative warrant
to gain access to inspect a specific building in a proposed development or redevelopment area
upon showing of probable cause that a specific code violation has occurred and that the violation
has not been cured, and that the owner has denied the local government access to the property.
Items of evidence that may support a conclusion of probable cause may include recent fire or
police inspections, housing inspection, exterior evidence of deterioration, or other similar reliable
evidence of deterioration in the specific building.
Subd. 8. Environmentally contaminated area.
"Environmentally contaminated area"
means an area:
(1) in which more than 50 percent of the parcels contain any substance defined, regulated,
or listed as a hazardous substance, hazardous material, hazardous waste, toxic waste, pollutant,
contaminant, or toxic substance, or identified as hazardous to human health or the environment
under state or federal law or regulation; and
(2) for which the estimated costs of investigation, monitoring and testing, and remedial
action or removal, as defined in section
, subdivisions 16 and 17, respectively, including
any state costs of remedial actions, exceed 100 percent of the assessor's estimated market value
for the contaminated parcel, as determined under section
, for property taxes payable in the
year in which the condemnation commenced, or for which a court of competent jurisdiction has
issued an order under law or regulations adopted by Minnesota or the United States, that clean
up or remediation of a contaminated site occur and the property owner has failed to comply
with the court's order within a reasonable time.
Subd. 9. Public nuisance.
"Public nuisance" means a public nuisance under section
Subd. 10. Public service corporation.
"Public service corporation" means a utility, as
defined by section
, subdivision 10; gas, electric, telephone, or cable communications
company; cooperative association; natural gas pipeline company; crude oil or petroleum products
pipeline company; municipal utility; municipality when operating its municipally owned utilities;
joint venture created pursuant to section
; or municipal power or gas agency.
Public service corporation also means a municipality or public corporation when operating an
airport under chapter 360 or 473, a common carrier, a watershed district, or a drainage authority.
Public service corporation also means an entity operating a regional distribution center within an
international economic development zone designated under section
Subd. 11. Public use; public purpose.
(a) "Public use" or "public purpose" means,
(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; or
(3) mitigation of a blighted area, remediation of an environmentally contaminated area,
reduction of abandoned property, or removal of a public nuisance.
(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.
History: 1971 c 595 s 3; 2006 c 214 s 2; 2006 c 214 s 20