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H.F. No. 2846, 5th Engrossment - 84th Legislative Session (2005-2006) Page 4 of 7 4.28 filing of the petition, the court shall award the owner reasonable attorney fees litigation 4.29 expenses, appraisal fees, other experts fees, and other related costs in addition to other 4.30 compensation and fees authorized by this section. 4.31 (b) In any case where the court determines that a taking is not for a public use or 4.32 is unlawful, the court shall award the owner reasonable attorney fees and other related 4.33 expenses, fees. and costs in addition to other compensation and fees authorized by this 4.34 section. 5.1 Sec. 5. Minnesota Statutes 2004, section 117.075, subdivision 1, is amended to read: 5.2 Subdivision 1. Hearing on taking: evidentiary standard. Upon proof being 5.3 filed of the service of such notice, the court, at the time and place therein fixed or to which 5.4 the hearing may be adjourned, shall hear all competent evidence offered for or against the 5.5 granting of the petition, regulating the order of proof as it may deem best. 5.6 (bl If the taking is for the mitigation of a blighted area, remediation of an 5.7 environmentally contaminated area, reducing abandoned property, or removing a 5.8 public nuisance, then, notwithstanding any other provision of general or special law, a 5.9 condemning authority must show by clear and convincing evidence to the district court 5.10 that the taking is necessary and for the designated public use. 5.11 Sec. 6. [117.184] COMPENSATION FOR REMOVAL OF LEGAL 5.12 NONCONFORMING USE. 5.13 Noiwithstanding any law to the contrary, an ordinance or regulation of a political 5.14 subdivision of the state or local zoning authority that requires the removal of a lec,~al 5.15 nonconforming use as a condition or prerequisite for the issuance of a permit license, or 5.16 other approval for any use, structure, development, or activity constitutes a taking and 5.17 is prohibited without the payment of lust compensation. This section does not apply if 5.18 the permit, license, or other approval is requested for the construction of a building or 5.19 structure that cannot be built without physically moving the nonconforming use. This 5.20 section does not apply to regulations or ordinances relating to adult uses. 5.21 Sec. 7. [117.18451 OTHER REGULATORY TAKINGS. 5.22 A state or local government preservation designation adopted on or after August 1. 5.23 2002, that reduced the fair market value of real property or interferes with the owner's use 5.24 and quiet enjoyment of the property, constitutes a regulatory taking for which the owner 5.25 must be paid just compensation. The state or local government may repeal or amend the 5.26 official control or historic preservation designation to eliminate the adverse impact on 5.27 the property instead of ~ayinq damages. 5.28 Sec. 8. [117.1861 COMPENSATION FOR LOSS OF GOING CONCERN. 5.29 Subdivision 1. Going concern defined. For purposes of this section. "going 5.30 concern" means the benefits that accrue to a business or trade as a result of its location 5.31 reputation for dependability, skill or quality customer base good will or any other 5.32 circumstances resulting in probable retention of old or acquisition of new patronage 6.1 Subd. 2. Compensation for loss of going concern If a business or trade is 6.2 destroyed by a taking the owner shall be compensated for loss of going concern unless the http://www.revisor.leg. state.mn.us/bin/bldbill.php?bill=H2846. S.html&session=ls84&print=l 4/7/2006