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S.F. No. 2750, 4th Engrossment - 84th Legislative Session (2005-2006) Page 8 of 12 9.34 Notwithstanding any law to the contrary, an ordinance or regulation of a political 9.35 subdivision of the state or local zoning authority that requires the removal of a legal 10.1 nonconforming use as a condition or prerequisite for the issuance of a permit license, or 10.2 other approval for any use structure, development, or activity constitutes a taking and 10.3 is prohibited without the payment of iust compensation. This section does not apply if 10.4 the permit, license, or other approval is requested for the construction of a building or 10.5 structure that cannot be built without physically moving the nonconforming use. 10.6 Sec. 11. [117.186] COMPENSATION FOR LOSS OF GOING CONCERN. 10.7 Subdivision 1. Definitions. For purposes of this section: 10.8 (1) "going concern" means the benefits that accrue to a business or trade as a result 10.9 of its location, reputation for dependability, skill or quality, customer base, good will, or 10.10 any other circumstances resulting in the probable retention of old or acquisition of new 10.11 patronage and 10.12 (2) "owner" has the meaning given in section 117.025 and includes a lessee who 10.13 operates a business on real property that is the subject of an eminent domain proceeding- 10.14 Subd. 2. Compensation. (a) In all eminent domain proceedings, the owner of 10.15 a business or trade must be compensated for the loss of a going concern if the owner 10.16 establishes that: 10.17 (1) the business or trade has been destroyed as a result of the taking; 10.18 (2) the loss cannot be reasonably prevented by relocating the business or trade in the 10.19 same or a similar and reasonably suitable location as the property that was taken, or by 10.20 taking steps and adopting procedures that a reasonablyprudent person of a similar age 10.21 and under similar conditions as the owner would take and adopt in preserving the going 10.22 concern of the business or trade: and 10.23 (3]_compensation for the loss of going concern will not be duplicated in the 10.24 compensation otherwise awarded to the owner of the business or trade. 10.25 (b) If an eminent domain proceeding involves the condemnation of agricultural 10.26 property, as defined in section 583.22, subdivision 2 the owner of the agricultural property 10.27 must be compensated for the loss of the productive value of the agricultural property for a 10.28 period of at least five years after commencement of the eminent domain proceeding The 10.29 productive value is calculated based on average productive capacity of the property during. 10.30 the five vears preceding commencement of the eminent domain proceeding~ 10.31 Subd. 3. Procedure. In all cases where an owner will seek compensation for loss 10.32 of a going concern, the damages, if any shall in the first instance be determined and 10.33 reported by the commissioners under section 117.105 as part of the compensation due t_o 10.34 the owner. The owner shall notify the condemning authority of the owner's intent to claim 10.35 compensation for loss of going concern within 60 days of the first hearing before the court 11.1 as provided in section 117 075. The commissioner's decision regarding any award for loss 11.2 of going concern may be appealed by anyparty in accordance with section 117.145. 11.3 Subd. 4. Driveway access. A business owner is entitled to reasonable compensation 11.4 not to exceed the three previous years' revenues minus the cost of goods sold if the owner 11.5 establishes that the actions of a government entity permanently eliminated 51 percent or 11.6 greater of the driveway access into and out of a business and as a result of the loss of 11.7 driveway access revenue at the business was reduced by 51 percent or greater A claim http://www.revisor.leg, state.mn.us/bin/bldbill.php?bill=S2750.4.htm1&session=ls84&print=l 4/7/2006