INFORMATION #2 EDSR 03-13-2006 - Laserfiche WebLink

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H.F. No. 2895, as introduced - 84th Legislative Session (2005-2006) Page 7 of 8 10 .31 (2) an area that qualifies as a soils condition district under section 46c 10 10 .32 .33 subdivision 19. Subd. 5. Inadequate infrastructure. "Inadequate infrastructure" means 10 .34 publicly owned physical infrastructure including sanitary sewer systems, v, 10 .35 streets, wastewater treatment and pretreatment systems, storm water manage 10 .36 natural gas systems, and electric utility systems which are inadequate to 11 .1 existing or projected users in the blighted area because the system is unc 11 .2 meet current design standards or is significantly deteriorated. 11 .3 Subd. 6. Market area. "Market area" means the geographic or locational 11 .4 delineation of the market for a specific Cate ory of real estate. 11 .5 Subd. 7. Negative market conditions. "Negative market conditions" are 11 .6 by one or more of the following factors for similarly classified property 11 .7 are lower than in the remainder of the market area, are increasing at rate 11 .8 than in the remainder of the market area, or are decreasing compared to tt 11 .9 the market area; (2) vacancy rates are higher than in the remainder of the 11 .10 or (3 )_ other comparable evidence of negative market conditions in the blic 11 11 .11 .12 compared to the market area as a whole. ~~ Subd. 8. Public nuisance. "Public nuisance" has the meaning given in = 11 11 .13 .14 609.74. Subd. 9. Structurally substandard. "Structurally substandard" means a 11. 15 that contains defects in structural elements or a combination of deficient 11. 16 utilities and facilities light and ventilation and fire protection incluc 11. 17 which significant defects or deficiencies justify substantial renovation c 11. 18 _ building is not structurally substandard if it is in compliance with the k 11. 19 applicable to new buildings or could be modified to satisfy the building c 11. 20 less than 20 percent of the cost of constructing a new structure of the sa 11. 21 and type on the site. The municipality or condemning authority may find tY 11. 22 not disqualified as structurally substandard under the previous sentence c 11. 23 reasonably available evidence such as the size type, and age of the buil 11. 24 cost of plumbing electrical or structural repairs or other similar reli 11. 25 municipality or the condemning authority may not make such a determination 11. 26 interior inspection of the property but need not have any independent, ex 11. 27 prepared of the cost of repair and rehabilitation of the building. An into 11. 28 of the property is not required if the municipality finds that: (1) the n 11. 29 condemning authority is unable to gain access to the property after using 11. 30 obtain permission from the party that owns or controls the property and 11. 31 otherwise supports a reasonable conclusion that the building is structural 11. 32 Items of evidence that support such a conclusion include recent fire or pc 11. 33 on-site property tax appraisals or housing inspections exterior evidence 11. 34 or other similar reliable evidence. Written documentation of the findings 11. 35 an interior inspection was not conducted must be made and retained. Failux 12. 1 to be disqualified under the provisions of this subdivision is a necessary 12. 2 condition by itself to determine that the building is substandard. 12 12 .3 .4 Sec. 15. [469.403] LIMITATION ON USE OF HMINENT DOMAIN. Subdivision 1. Limitation. Notwithstanding any other provision of law 12 .5 condemning authority under this chapter may exercise the power of eminent 12 .6 property interest to be acquired is intended to be sold, transferred, or c 12 .7 to a person or nongovernmental entity without the power of eminent domain, 12 .8 condemning authority finds that the use of eminent domain is necessary to 12 12. .9 10 or more of the purposes in subdivision 2. Subd. 2. Purposes. For purposes of carrying out the powers and authori 12. 11 under this chapter a condemning authority with the power of eminent domai 12. 12 this chapter may exercise that power to acquire land to accomplish one or 12. 12. 13 14 following purposes: (a) the possession occupation or enjoyment of the land by the general pU 12. 12. 12. 15 16 17 by public agencies; (b) to remedy a public nuisance (c) to carry out a program to remedy or improve an environmentally contami 12. 18 area; http://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=H2895.0.htm1&session=1s84 3/9/2006