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H.F. No. 2846, 5th Engrossment - 84th Legislative Session (2005-2006) Page 6 of 7 7.10 Sec. 12. [117.189 PUBLIC SERVICE CORPORATION EXCEPTION. 7.11 Sections 117 031 117 186 117.187, and 117.188 do not apply to public service 7.12 corporations. 7.13 Sec. 13. [117.1905~PUBLIC HEARING. 7.14 Subdivision 1. Definitions. (a) For the purposes of this section, "local government" 7.15 means the elected governing body of a statutory or home rule charter city county or 7.16 township. 7.17 (b) For the purposes of this section "agency" means any subdivision agency 7.18 authority or other entity of the local government including a port authority economic 7.19 development authority housing and redevelopment authority or other similar entity 7.20 established under general or special law. 7.21 Subd. 2. Public hearing• vote by local government governing body Before a 7.22 local government or agency acquires property by the exercise of the power of eminent 7.23 domain the local government must notify each affected property owner in writing of a 7.24 public hearing on the proposed taking post the public hearing information on the local 7.25 government's Web site if any, and publish notice of the public hearing in the official 7.26 newspaper Notice must be provided at least 30 days but not more than 60 days before the 7.27 hearing_ Any interested person must be allowed reasonable time to present testimony at 7.28 the public hearing The proceedings of the hearing must be recorded and available to the 7.29 public for review and comment at reasonable times and a reasonable place. At the next 7.30 regular meeting of the local government that is at least 30 days after the public hearing the 7.31 local government must vote on the question of whether to authorize the local government 7.32 or agency to use eminent domain to acquire the property. 8.1 Subd. 3. Resolution. If the takingis for the mitigation of a blighted area, 8.2 remediation of an environmentally contaminated area reducing abandoned property, 8.3 or removing a public nuisance then the resolution of a local government or agency 8.4 authorizing the use of eminent domain must: 8.5 (1) identify and describe the public costs and benefits that are known or expected 8.6 to result from the program or project for which the property interest is proposed to be 8.7 acguired• and 8.8 (~ address how the acquisition of the property interest serves one or more identified 8.9 ~blic uses or public purposes and why the acquisition of the property is needed to 8.10 accomplish those purposes. 8.11 Sec. 14. [717.226 FIRST RIGHT OF REFUSAL. 8.12 (a) If the governing body of the condemning authority determines that publicly 8.13 owned property acquired under this chapter has not been used and is no longer needed 8.14 for a public use the authority must offer to sell the property to the owner from whom it 8.15 was acquired if the former owner can be located at the original price determined by the 8.16 condemnation process or the current fair market value of the property whichever is lower 8.17 (b) If the former owner cannot be located or declines to repurchase the property, 8.18 the condemning authority shall prepare a certificate attesting to the same and record the 8.19 certificate in the office of the county recorder or county registrar of titles as appropriate, 8.20 to evidence the termination of the right of first refusal. http://www.revisor.leg. state.mn.us/bin/bldbill.php?bill=H2846. S.html&session=ls84&print=l 4/7/2006