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H.F. No. 2846, 5th Engrossment - 84th Legislative Session (2005-2006) Page 3 of 7 3.21 (1) the possession, occupation, ownership, and enjoyment of the land by the general 3.22 public, or by public agencies: 3.23 (2) the creation or functioning of a public service corporation or 3.24 (3) mitigation of a blighted area remediation of an environmentally contaminated 3.25 area, reduction of abandoned property, or removal of a public nuisance. 3.26 (b) The public benefits of economic development, including an increase in tax base 3.27 tax revenues, employment, or general economic health do not by themselves constitute 3.28 a public use or public purpose. 3.29 Subd. 12. Structurally substandard. (a) "Structurally substandard" means building 3.30 code violations related exclusively to the building's: 3.31 (1) roof and roof framing elements: 3.32 (2) support walls beams, and headers: 3.33 (3) foundation footings, and subgrade conditions• 3.34 (41 light and ventilation: 3.35 (5) fire protection including egress• 3.36 (6) internal utilities, including electricity gas, and water 4.1 (7) flooring and flooring elements; and 4.2 (8) walls, insulation, and exterior envelope. 4.3 (b) A building is not structurally substandard if the estimated costs of satisfying 4.4 the cited structural building code violations do not exceed 50 percent of the assessor's 4.5 estimated market value for the building, as determined under section 273.11, for property 4.6 taxes payable in the year in which the condemnation commenced. 4.7 Sec. 3. [117.027] CONDEMNATION FOR BLIGHT MITIGATION. 4.8 CONTAMINATION REMEDIATION. 4.9 Subdivision 1. Nondilapidated buildings in areas of blight mitigation: absolute 4.10 necessity. In taking property to mitigate blight a condemning authority must not take 4.11 nondilapidated buildings in the area unless there is no feasible alternative to the taking 4.12 of the parcels on which the buildings are located in order to remediate the blight and all 4.13 possible steps are taken to minimize the taking of nondilapidated buildings. 4.14 Subd. 2. Uncontaminated property in environmental contamination 4.15 remediation areas: absolute necessity. In taking property to remediate environmental 4.16 contamination, a condemning authority must not take uncontaminated parcels in the area 4.17 unless there is no feasible alternative to the taking of the uncontaminated parcel in order 4.18 to complete remediation of the contaminated parcel and all possible steps are taken to 4.19 minimize the taking of the uncontaminated parcels. 4.20 Subd. 3. Contribution to condition by developer disallowed If a developer 4.21 involved in the redevelopment of the project area contributed to the blight or environmental 4.22 contamination within the project area, the condition contributed to by the developer must 4.23 not be used in the determination of blight or environmental contamination. 4.24 Sec. 4. [117.031] ATTORNEY FEES. 4.25 (a) If the final judgment or award for damages, as determined at any level in the 4.26 eminent domain process or by the parties themselves is more than 20 percent greater than 4.27 the last written offer of compensation made by the condemning authority prior to the http://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=H2846. S.html&session=ls84&print=l 4/7/2006