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Responsible eminent domain use in Minnesota
<br />Erir Willette and Rachel Walker
<br />The Nov. 30 issue of Cities Brdletin
<br />highlighted the results of an LMC
<br />survey of Minnesota cities on their
<br />^se of cnrincnt domain. In addition to
<br />the survey, League staff conducted case
<br />studies of cities [hat have used emi-
<br />nent domain in recent years for proj-
<br />ects where land was or will be turned
<br />over m a private owner.The case smd-
<br />ies complement [he survey results by
<br />exploring the circumstances in which
<br />cities have used eminent domain
<br />and how the projects have positively
<br />impacted communifies.The case smd-
<br />ies looked at the previous condition
<br />of the property involved, the nature of
<br />the project, the public process that was
<br />followed, and the benefits to the com-
<br />mm~iry.
<br />Case study findings
<br />Citdes have used eminent domain
<br />responsibly. The case smdies made
<br />clear that the city councils consid-
<br />ered [he use of eminent domain very
<br />carefully. Cities have negotiated with
<br />property owners in order to try to
<br />avoid using enxinent domain (e.g.,
<br />Brooklyn Center, Brooklyn Park,
<br />Coon Rapids, Columbia Heights). In
<br />White Bear Lake, the council suc-
<br />cessfully negotiated with eight ten-
<br />ant businesses and did not have to use
<br />eminent domain in the first phase of
<br />its redevelopment project.The eight
<br />businesses relocated and now own
<br />their properties.The dty also revised
<br />its redevelopment plans in order to
<br />address conmuniy concerns about the
<br />city's initial plan to acquire the home
<br />of an ddecly resident with entinent
<br />domain. Cities also followed regula-
<br />tions pertaining to relocation benefits
<br />and enlisted the help of relocation con-
<br />sultants to work with business owners
<br />(e.g., Bemidji, Coon Rapids).
<br />Redevelopment and economic
<br />development projects are nitical ele-
<br />ments oj'cities' long-term plans or
<br />community visions. Cities sought pub-
<br />lic input on their projects and engaged
<br />their communities through public
<br />meetings, focus groups and citizen
<br />taskforces (e. g., Brooklyn Park, Coon
<br />Rapids, Little Canada). In Chaska, for
<br />example, community members partic-
<br />ipated in a visioning process focused
<br />on maintaining the viability of the
<br />downtown area by adding housing
<br />units.The process led [o long-[enn
<br />redevelopment plans for the down-
<br />town area.
<br />Communities have peen positively
<br />impacted by projects where (and is
<br />turned aver to private owners. Cities
<br />have or will make invesunents in public
<br />facilities and in&astmctuxe such as
<br />parks and trails as par[ of redevelop-
<br />ment projects (e.g., Anoka, Columbia
<br />Heights). Projects have also spurred
<br />secondary investments like the open-
<br />ing of new businesses and private
<br />property improvements (Beuaidji,
<br />Brooklyn Pack, Edina, Osseo). After
<br />new housing units in a Brooklyn
<br />Center neighborhood replaced homes
<br />in structural decay, property owners in
<br />adjacent areas began making improve-
<br />ments to [heir properties- Projects
<br />have also allowed cities to rake advan-
<br />tage of natural amenities and reincor-
<br />served nmltiple purposes. Some filled
<br />gaps in the types o£housing available,
<br />including housing for empty nesters,
<br />seniors, and the homeless (e.g., Coou
<br />Rapids,White Bear Lake, Duluth)-in
<br />Columbia Heights, the city has not
<br />added new housing foe decades. A
<br />large redevelopment project will add
<br />550 housing units to the community
<br />over the next flue years. Conunuriities
<br />also guned public facilities such as riv-
<br />er&ontparks, alibrary, apolice station,
<br />and a senior center (e.g. Brooklyn
<br />Center, Edina).
<br />Citdes have used eminent domain
<br />to make communities snjer by elinti-
<br />nnting hazardous buildings and mit-
<br />igating contamination. Property
<br />acquired for redevelopment, eco-
<br />nomic development, or housing proj-
<br />ects needed remediation for a range of
<br />hazards, iududing lead, asbestos, and
<br />petroleum waste (c. g., Coon Rapids,
<br />Edina, Little Canada,White Bear
<br />Lake).The dty of Silvee Bay is work-
<br />ing to clean up severe asbestos and
<br />lead pollution on the site of an aban-
<br />doned aparnnent complex i[ acquired-
<br />In Robbinsdale, a severely blighted
<br />house was demolished to make way
<br />for a new house that is the best on the
<br />block, spurring several other property
<br />owners to make majoe improvements.
<br />The Cities Bulletin article about
<br />the LMC survey of Minnesota cit
<br />ies on [heir use of eminent domain is
<br />available on the League's web site at
<br />porate them into conmmnity life (eg-, www.lmnc.org. Ifyou have questions
<br />Chaska, Brooklyn Park)- regarding these case smdies or the
<br />Projects have met or will meet a
<br />critical community need. The rede-
<br />velopment and economic develop-
<br />^rent efforts of case study does oken
<br />survey, contact Eric Willette, LMC,
<br />at (651) 281-1245 oc wIDette@lmnc.
<br />org; or Rachel Walker, LMC, at (Fi51)
<br />281-1236 or rwalker@hnnc.org. ~
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