2006 Minnesota Statutes

469.028 MUNICIPAL GOVERNING BODY.
    Subdivision 1. Findings, notice, determination. When an authority determines that
a redevelopment project should be undertaken, it shall apply to the governing body of the
city in which the project is located for approval. The application shall be accompanied by a
redevelopment plan, a statement of the method proposed for financing the project, and the written
opinion of the planning agency, if there is one. Before approving any redevelopment plan, the
governing body shall hold a public hearing thereon after published notice in a newspaper of
general circulation in the municipality at least once not less than ten days nor more than 30
days prior to the date of the hearing.
    Subd. 2. Findings, notice, determination; governing body. The authority shall not proceed
with the project unless the governing body finds by resolution that:
(1) the land in the project area would not be made available for redevelopment without the
financial aid to be sought;
(2) the redevelopment plans for the redevelopment areas in the locality will afford maximum
opportunity, consistent with the needs of the locality as a whole, for the redevelopment of the
areas by private enterprise; and
(3) the redevelopment plan conforms to a general plan for the development of the locality
as a whole.
The governing body shall within 30 days after submission of the application, or resubmission
as hereinafter provided, give written notice to the authority of its decision with respect to the
project. When an authority has determined the location of a proposed redevelopment project, it
may, without awaiting the approval of the governing body, proceed, by option or otherwise, to
obtain control of the real property within the area, but it shall not, without the prior approval by the
governing body of the redevelopment plan, unconditionally obligate itself to purchase any such
property. A plan which has not been approved by the governing body when submitted to it may be
again submitted to it with the modifications necessary to meet its objections. Once approved, the
determination of the authority to undertake the project and the resolution of the governing body
shall be conclusive, in any condemnation proceeding, of the public need for the project.
    Subd. 3. Acquisition of open land. A redevelopment project may include any work or
undertaking to acquire open or undeveloped land determined to be blighted by virtue of the
following conditions:
(1) unusual and difficult physical characteristics of the ground;
(2) the existence of faulty planning characterized by the subdivision or sale of lots laid out in
disregard of the contours or of irregular form and shape or of inadequate size; or
(3) a combination of these or other conditions which have prevented normal development
of the land by private enterprise and have resulted in a stagnant and unproductive condition of
land potentially useful and valuable for contributing to the public health, safety, and welfare.
Acquisition of such land shall be a redevelopment project only if a redevelopment plan has been
adopted which provides for the elimination of these conditions, thereby making the land useful
and valuable for contributing to the public health, safety, and welfare and the acquisition of the
land is necessary to carry out the redevelopment plan.
    Subd. 4. Acquisition of unused or inappropriately used land. A redevelopment project
may include any work or undertaking to acquire land or space that is vacant, unused, underused
or inappropriately used, including infrequently used rail yards and rail storage facilities, and
excessive or vacated railroad rights-of-way; air rights over streets, expressways, railroads,
waterways, and similar locations; land which is occupied by functionally obsolete nonresidential
buildings, or is used for low utility purposes, or is covered by shallow water, or is subject to
periodic flooding, or consists of unused or underused slips or dock areas or other waterfront
property. This subdivision applies only to land or space that the authority determines may be
developed at a cost reasonably related to the public purpose to be served without major residential
clearance activities, and with full consideration of the preservation of beneficial aspects of the
urban and natural environment, for uses that are consistent with emphasis on housing for low
and moderate income families. These uses include the provision of schools, hospitals, parks and
other essential public facilities and, where appropriate, all uses associated with new community
development programs as defined in the United States Urban Growth and New Community
Development Act of 1970, as amended, or similar large scale undertakings related to inner city
needs, including concentrated sources of employment.
    Subd. 5. Early acquisition. When an authority has determined the location of a proposed
redevelopment project, but prior to the approval of the redevelopment plan and project as provided
in subdivision 2, the authority may acquire individual tracts of real property with the approval of
the governing body as to each separate tract. Before approving early acquisition, the governing
body shall hold a public hearing on the proposed acquisition activities after published notice in a
newspaper of general circulation in the municipality at least once not less than ten days nor more
than 30 days prior to the date of the hearing.
The authority shall not proceed with the acquisition unless the governing body finds by
resolution that (1) the proposed acquisition is necessary to carry out public improvements in the
area, or that the acquisition will contribute to the elimination of blight or deterioration within the
area or that the acquisition is necessary to relieve hardship; and (2) there is a feasible method for
the relocation of families and individuals to be displaced by the proposed acquisition.
The governing body may, in approving early acquisition, agree to assume the responsibility
for any loss that may arise as a result of the acquisition of land and related activities, including
any costs of demolition, removal, and relocation, in the event that the property so acquired is not
used for urban renewal purposes because the urban renewal plan is not approved, or is amended
to omit the acquired property or is abandoned for any reason. Nothing in this subdivision shall
be construed to waive the requirement for public hearing upon the redevelopment plan for the
redevelopment project.
History: 1987 c 291 s 28