117.0412 LOCAL GOVERNMENT PUBLIC HEARING REQUIREMENTS.
Subdivision 1. Definitions.
For the purposes of this section:
(1) "local government" means the elected governing body of a statutory or home rule charter
city, county, or township; and
(2) "local government agency" means a subdivision, agency, authority, or other entity
created by or whose members are appointed by the local government, including a port authority,
economic development authority, housing and redevelopment authority, or other similar entity
established under law.
Subd. 2. Public hearing; vote by local government governing body.
(a) If the taking is for
the mitigation of a blighted area, remediation of an environmentally contaminated area, reducing
abandoned property, or removing a public nuisance, a public hearing must be held before a
local government or local government agency commences an eminent domain proceeding under
. The local government must notify each owner of property that may be acquired
in writing by certified mail of the public hearing on the proposed taking, post the public hearing
information on the local government's Web site, if any, and publish notice of the public hearing in
a newspaper of general circulation in the local government's jurisdiction. Notice must be provided
at least 30 days but not more than 60 days before the hearing.
(b) Any interested person must be allowed reasonable time to present relevant testimony at
the public hearing. The proceedings of the hearing must be recorded and available to the public
for review and comment at reasonable times and a reasonable place. At the next regular meeting
of the local government that is at least 30 days after the public hearing, the local government must
vote on the question of whether to authorize the local government or local government agency to
use eminent domain to acquire the property.
Subd. 3. Resolution.
If the taking is for the mitigation of a blighted area, remediation of
an environmentally contaminated area, reducing abandoned property, or removing a public
nuisance, then the resolution of a local government or local government agency authorizing the
use of eminent domain must:
(1) identify and describe the public costs and benefits that are known or expected to result
from the program or project for which the property interest is proposed to be acquired; and
(2) address how the acquisition of the property interest serves one or more identified public
uses or public purposes and why the acquisition of the property is needed to accomplish those
public uses or public purposes.
History: 2006 c 214 s 6