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Pms'cnCi[ion nn Proposal P:rrunent Domain I,ogislnCion <br />14~bmary 13, 2006 ISDA Mecfing <br />Pagc 3 of 3 <br />Mimi. Statute 469.101 gives EDAs the power of eminent domain to acquire pxoperry needed <br />to create "economic development districLS" though the districts axe defined as a tax <br />increment redevelopment district. The broadest economic development authority is in <br />Minn. Stat. 469.124 where the legislature stated that providing employment opportunities <br />and improving the tax base axe a public purpose. <br />How often is eminent domain used in Minnesota <br />Attached is an article summarizing case studies of Minnesota cities that have used eminent <br />domain responsibly. The article also mentions a survey the League of Minnesota Cities <br />completed regarding cities' use of eminent domain in Minnesota. Below is a summary of the <br />survey: <br />• In a survey of the 824 cities that axe members of the League of Minnesota Cities, 635 <br />responses were submitted (77%). <br />• 100 cities used eminent domain during the past 6.5 years. <br />• 34 cities used it fox redevelopment, removal of hazardous building, ox economic <br />development. <br />• On average cities used eminent domain an average of 78 times per year since 1999, <br />of which only 27 times per year were to turn the property over to another private <br />owner. In the same period, there was an average of more than 81,000 real estate <br />transactions per year in Minnesota. <br />Issue <br />Staff will provide a PowerPoint presentation about the eminent domain issue, including case <br />studies of Minnesota cities' use of eminent domain. The presentation template was <br />developed by the City of Brooklyn Park Economic & Redevelopment Director and <br />distributed to Economic Development Association of Minnesota members for the purpose <br />of educating local public officials on the issue. <br />Staff Recommendation <br />Staff xecotnmends that the EDA, HRA and City Council provide direction to staff regarding <br />the City's policy on eminent domain. Below axe three options to consider: <br />• Do nothing. <br />• Support legislation upholding the use of eminent domain for redevelopment projects <br />and limited economic development projects (such as the League of Minnesota Cities <br />bill). <br />• Draft a resolution indicating the City's policy on eminent domain. <br />