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INFORMATION #2 EDSR 03-13-2006
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INFORMATION #2 EDSR 03-13-2006
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3/13/2006
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H.F. No. 2895, as introduced - 84th Legislative Session (2005-2006) <br />9.7 <br />9.8 <br />9.9 <br />9.10 <br />9.11 <br />9.12 <br />9.13 <br />9.14 <br />9.15 <br />9.16 <br />9.17 <br />9.18 <br />9.19 <br />9.20 <br />9.21 <br />9.22 <br />9.23 <br />9.24 <br />9.25 <br />9.26 <br />9.27 <br />9.28 <br />9.29 <br />9.30 <br />9.31 <br />9.32 <br />9.33 <br />9.34 <br />9.35 <br />10.1 <br />10.2 <br />10.3 <br />10.4 <br />10.5 <br />10.6 <br />10.7 <br />10.8 <br />10.9 <br />10.10 <br />10.11 <br />10.12 <br />10.13 <br />10.14 <br />10.15 <br />10.16 <br />10.17 <br />10.18 <br />10.19 <br />10.20 <br />10.21 <br />10.22 <br />10.23 <br />10.24 <br />10.25 <br />10.26 <br />10.27 <br />10.28 <br />10.29 <br />10.30 <br />Page 6 of 8 <br />must hold a public hearing on the proposed acquisition after published not <br />newspaper of general circulation in the governing body's jurisdiction and <br />body's Web site, if applicable which must be made at least one time not 1 <br />weeks nor more than 60 days prior to the date of the_hearinq. The notice rt <br />describe the property interest to be acquired state that the purpose of t <br />consider acquisition by eminent domain state that comments may be submitt <br />at the hearing or in writing prior to or at the hearing, and specify an_ac <br />written comments may be mailed. Not less than two weeks before the hearinc <br />the hearing must also be mailed to the owner of each parcel proposed to be <br />defects in the notice do not invalidate the acquisition For the purpose c <br />notice, owners are determined as provided by section 429.031, subdivision <br />(a). The resolution authorizing the use of eminent domain must not be adoF <br />meeting or on the same day as the public hearing. <br />Subd. 3. Resolution. The resolution authorizing the use of eminent dort <br />(1) identify and describe the public benefits that_are known or expected t <br />from the program or proiect for which the property interest is proposed tc <br />(2) identify and describe the private benefits that are known or expected <br />from the anticipated conveyance of the property interest proposed to be ac <br />(3) summarize and respond to any oral comments made at the public hearing <br />written comments received at or prior to the public hearing; and <br />(4) address how the acquisition of the property interest serves one or mor <br />public purposes and why the acquisition of the property is reasonably nece <br />accomplish those purposes. <br />Subd. 4. Summary of findinga. The governing body of a condemning authc <br />must summarize the findings adopted in the resolution authorizing the use <br />domain in the notice of petition required under section 117.055. <br />Sec. 14. [469.402] DEFINITIONS. <br />Subdivision 1. Scope. For purposes of sections 469.401 to 469.403, the <br />terms have the meanings given to them. <br />Subd. 2. Abandoned. "Abandoned" means that at least 75 percent of a bL <br />area has been substantially unoccupied for at least one year prior to the <br />in a blighted area. <br />Subd. 3. Blighted area. "Blighted area" is an area where the condemnir <br />finds that the conditions provided in clauses (a), (b), and (c) exist: <br />(a) the land is or has been in urban use; <br />(b) at least one of the following conditions exist: <br />(1) 50 percent or more of the buildings in the area are structurally subst <br />or abandoned or a combination thereof• <br />(2) 30 percent or more of the parcels in the area constitute an environme_r <br />contaminated area; or <br />(3) (i) 20 percent or more of the buildings in the area are structurally <br />or abandoned or a combination thereof, and (ii) an additional 30 percent c <br />buildings in the area are obsolete as evidenced by lack of investment base <br />nuilainq permits Tor repair or improvements in the previous five years; ar <br />(c) at least one of the following conditions is present: <br />(1) diversity of ownership or defective or unusual conditions o_f_ title pre <br />free alienability of land within the area <br />(2) there is inadequate infrastructure in the area• <br />(3) the crime rate in the area is higher than in the remainder of the tour <br />municipality; <br />(4) 30 percent of the tax parcels have had delinquent taxes or special ass <br />a period of two years or more prior to inclusion in the area; or <br />(5) negative market conditions exist in the area <br />Subd. 4. 8nvironmentally contaminated area. "Environmentally contamina <br />area" means: <br />(1) any parcel that would be eligible for contamination cleanup grants frc <br />Department of Employment and Economic Development's contamination clean <br />account under section 116J.552, subdivision 3, or 116J.554, subdivision 2, <br />(ii) the Metropolitan Council's tax base revitalization account under sect <br />http://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=H2895.0.htm1&session=1s84 3/9/2006 <br />_.. __ <br />
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