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

Home Browse Search

S.F. No. 2694, as introduced - 84th Legislative Session (2005-2006) Page 6 of 8 9 .7 must hold a public hearing on the proposed acquisition after published not 9 .8 newspaper of general circulation in the governing body's jurisdiction and 9 .9 body's Web site, if applicable, which must be made at least one time not 1 9 .10 weeks nor more than 60 days prior to the date of the hearing. The notice n 9 .11 describe the property interest to be acquired state that the purpose of t 9 .12 _ consider acquisition by eminent domain state that comments may be submitt 9 .13 at the hearing or in writing prior to or at the hearing and specify an ac 9 .14 written comments may be mailed. Not less than two weeks before the hearinc 9 .15 the hearing must also be mailed to the owner of each parcel proposed to be 9 .16 defects in the notice do not invalidate the acquisition. For the purpose c 9 .17 notice, owners are determined as provided by section 429.031 subdivision 9. 18 (a). The resolution authorizing the use of eminent domain must not be adoF 9. 9. 19 20 meeting or on the same day as the public hearing. Subd. 3. Resolution. The resolution authorizing the use of eminent don 9. 21 (1) identify and describe the public benefits that are known or expected t 9. 22 _ from the program or project for which the property interest is,_p roposedtc 9. 23 (2) identify and describe the private benefits that are known or expected 9. 24 _ from the anticipated conveyance of the property interest proposed to be ac 9. 25 (3) summarize and respond to any oral comments made at the public hearing 9. 26 written comments received at or prior to the public hearing; and 9. 27 (4) address how the acquisition of the property interest serves one or mox 9. 28 public purposes and why the acquisition of the property is reasonably n ece 9. 9. 29 30 _ _ accomplish those purposes. Subd. 4. Summary of findings. The governing body of a condemn i_ng authc 9. 31 must summarize the findings adopted in the resolution authorizing the use 9. 32 domain in the notice of petition required under section 117.055. 9. 9. 33 34 Sec. 14. [469.402] DEFINITIONS. Subdivision 1. Scope. For purposes of sections 469.401 to 469.403, the 9. 10 35 .1 _ terms have the meanings given to them. Subd. 2. Abandoned. "Abandoned" means that at least 75 percent of a b~; 10 .2 area has been substantially unoccupied for at least one year prior to the 10 10 .3 .4 in a blighted area. Subd. 3. Blighted area. "Blighted area" is an area where the condem nir 10 .5 _ finds that the conditions provided in clauses (a) (b) and (c) exist: 10 10 10 .6 .7 .8 (a) the land is or has been in urban use; (b) at least one of the following conditions exist: (1) 50 percent or more of the buildings in the area are structurally subst 10 10 .9 .10 or abandoned or a combination thereof; (2) 30 percent or more of the parcels in the area constitute an environmer 10 10 .11 .12 contaminated area; or (3) (i) 20 percent or more of the buildings in the area are structurally s 10 .13 or abandoned or a combination thereof and (ii) an additional 30 percent c 10 .14 buildings in the area are obsolete as evidenced by lack of investment base 10 .15 building permits for repair or improvements in the previous five years; ar 10 10 .16 .17 (c) at least one of the following conditions is present (1) diversity of ownership or defective or unusual conditions of title pre 10 10 10. .18 .19 20 free alienability of land within the area; (2) there is inadequate infrastructure in the area (3) the crime rate in the area is higher than in the remainder of the co u r 10. 10. 21 22 _ _ municipality; (4) 30 percent of the tax parcels have had delinquent taxes or special ass 10. 23 . a period of two years or more prior to inclusion in the area; or 10. 10. 24 25 (5) negative market conditions exist in the area. Subd. 4. Environmentally contaminated area. "Environmentally contamina 10. 10. 26 27 area" means: (1) any parcel that would be eligible for contamination cleanup grants frc 10. 26 Department of Employment and Economic Development's contamination cleanup 10. 29 account under section 116J.552, subdivision 3, or _116J.554, subdivision 2, 10. 30 (ii) the Metropolitan Council's tax base revitalization account under sect http://www.revisor.legstate.mn.us/bin/bldbill.php?bill=S2694.0.htm1&session=1s84 3/9/2006