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H.F. No. 2846, 5th Engrossment - 84th Legislative Session (2005-2006) Page 1 of 7 <br />~,, Legislature Nome ~ Links to the World ~ Help ~ At <br />Minnesota House of :Representatives <br />~• <br />House I Senate I Joint Departments and Commissions I Bill Search and Status I Statutes, Laws, and Rules <br />H.F. No. 2846, 5th Engrossment - 84th Legislative Session (2005-2006) Posted on Mar 27, 2006 <br />1.1 A bill for an act <br />1.2 relating to eminent domain; defining public use or purpose; prohibiting the use <br />1.3 of eminent domain for economic development; requiring clear and convincing <br />1.4 evidence for certain takings; providing for attorney fees and other additional <br />1.5 elements of compensation; making other changes in the exercise of eminent <br />1.6 domain amending Minnesota Statutes 2004, sections 117.025; 117.075, <br />1.7 subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 117. <br />1.8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: <br />1.9 Section 1. [117.012] PREEMPTION: NO IMPLIED AUTHORITY. <br />1.10 Subdivision 1. Preemption. Notwithstanding any other provision of law including <br />1.11 any charter provision, ordinance, statute or special law all condemning authorities <br />1.12 including home rule charter cities and all other political subdivisions of the state, must <br />1.13 exercise the Dower of eminent domain in accordance with the provisions of this chapter <br />1.14 including all procedures. definitions, remedies, and limitations Additional procedures <br />1.15 remedies or limitations that do not deny or diminish the substantive and procedural rights <br />1.16 and protections of owners under this chapter may be Provided by other law, ordinance <br />1.17 or charter. <br />1.18 Subd. 2. No implied authoritk The power of eminent domain shall not be implied. <br />1.19 In order to exercise the power of eminent domain, the condemning authority must have an <br />1.20 express grant of eminent domain authority <br />1.21 Subd. 3. Extraterritorial use prohibited. No condemning authority may exercise <br />1.22 the power of eminent domain outside of its jurisdictional boundaries unless the governing <br />1.23 body of the local unit of government where the propertyproposed to be condemned is <br />1.24 located consents to the proposed use of eminent domain powers by the condemning <br />1.25 authority. <br />2.1 Sec. 2. Minnesota Statutes 2004, section 117.025, is amended to read: <br />2.2 717.025 DEFINITIONS. <br />2.3 Subdivision 1. Words, terms, and phrases. <br />2.4 ,For the purposes of this chapter and any <br />2.5 other general or special law authorizing the exercise of the power of eminent domain the <br />2.6 words, terms, and phrases defined in this section have the meanings given them. <br />2.7 Subd. 2. Taking. "Taking" and all words and phrases of like import include every <br />2.8 interference, under the right of eminent domain, with the possession, enjoyment, or value <br />2.9 of private property. <br />2.10 Subd. 3. Owner. "Owner" includes all persons +flYefested-i+i-sL+eH with any interest <br />2.11 in the property subject to a taking, whether as proprietors, tenants, life estate holders, <br />http://www.revisor.leg. state.mn.us/bin/bldbill.php?bill=H2846. S.html&session=ls84&print=l 4/7/2006 <br />