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S.F. No. 2750, 4th Engrossment - 84th Legislative Session (2005-2006) Page 5 of 12 6.7 good faith attempt to negotiate personally with the owner of the property in order to 6.8 acquire the property by direct purchase instead of the use of eminent domain proceedings. 6.9 In making this negotiation, the acquiring authority must consider the appraisals in its 6.10 possession, including any appraisal obtained and furnished by the owner if available 6.11 and other information that may be relevant to a determination of damages under this 6.12 chapter. If the acquiring authority is considering both a full and partial taking of the 6.13 property the acquiring authority must make agood-faith attempt to negotiate with respect 6.14 to both types of takings. 6.15 Subd. 4. Use of appraisal at commissioners' hearing_ An appraisal must not be 6.16 used or considered in a condemnation commissioners' hearing nor may the appraiser who 6.17 prepared the appraisal testify unless a copy of the appraiser's written report is provided to 6.18 the opposingparty at least five days before the hearing_ 6.19 Sec. 5. [117.04121 LOCAL GOVERNMENT PUBLIC HEARING 6.20 REQUIREMENTS. 6.21 Subdivision 1. Definitions. For the purposes of this section: 6.22 (1) "local government" means the elected governing body of a statutory or home 6.23 rule charter city, county or township; and 6.24 (2) "local government agency" means a subdivision agency authority or other 6.25 entity created by or whose members are appointed by the local government including a 6.26 port authority economic development authority housing and redevelopment authority or 6.27 other similar entity established under law. 6.28 Subd. 2. Public hearing• vote by local government governing bodx 1a) Before a 6.29 local government or local government agency commences an eminent domain proceeding 6.30 under section 117.055, a public hearing must be held as provided in this section The 6.31 local government must notify each owner of property that may be acquired in writing 6.32 by certified mail of the public hearing on the proposed taking post the public hearing 6.33 information on the local government's Web site if any and publish notice of the public 6.34 hearing in a newspaper of general circulation in the local government's jurisdiction 6.35 Notice must be provided at least 30 davs but not more than 60 days before the hearing 7.1 (b) Any interested person must be allowed reasonable time to present relevant 7.2 testimony at the public hearing The proceedings of the hearing must be recorded and 7.3 available to the public for review and comment at reasonable times and a reasonable place 7.4 At the next regular meeting of the local government that is at least 30 days after the public 7.5 hearing the local government must vote on the question of whether to authorize the local 7.6 government or local government agency to use eminent domain to acquire the propertk 7.7 Subd. 3. Resolution. If the taking is for the mitigation of a blighted area 7.8 remediation of an environmentally contaminated area reducing abandoned property or 7.9 removing a public nuisance then the resolution of a local government or local government 7.10 agency authorizing the use of eminent domain must: 7.11 (1) identify and describe the public costs and benefits that are known or expected 7.12 to result from the program or project for which the property interest is proposed to be 7.13 acquired: and 7.14 (2) address how the acquisition of the property interest serves one or more identified 7.15 public uses or public purposes and why the acquisition of the property is needed to http://www.revisor.leg. state.mn.us/bin/bldbill.php?bill=52750.4.htm1&session=ls84&print=l 4/7/2006