7. EDSR 09-11-2006 - Laserfiche WebLink

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This section of law also authorizes a local government to seek an administrative warrant from a judge or magistrate to gain access to inspect a specific building in a proposed development or redevelopment area upon showing of probable cause that a specific code violation has occurred and that the violation has not been cured, and that the owner has denied the local government access to the property. 2. Remediation of an environmentally contaminated area. Section 117.025, Subdivision 8 defines "environmentally contaminated azea" as an area: (1) in which more than 50 percent of the parcels contain any substance defined, regulated, or listed as a hazardous substance, hazardous material, hazardous waste, toxic waste, pollutant, contaminant, or toxic substance, or identified as hazardous to human health or the environment under state or federal law or regulation; and Comment: This definition is fairly broad, and does not include a sguare- footage test as in earlier versions of the bill. However, given the rarity of "blighted areas, "this definition will provide the only basis for redevelopment takings in most cases. The 50% requirement will limit the scope of redevelopment efforts even where contamination is present. (2) for which the estimated costs of investigation, monitoring and testing, and remedial action or removal, as defined in section 115B.02, subdivisions 16 and 17, respectively, including any state costs of remedial actions, exceed 100 percent of the assessor's estimated market value for the contaminated parcel, as determined under section 73.11, for property taxes payable in the year in which the condemnation commenced, or for which a court of competent jurisdiction has issued an order under law or regulations adopted by Minnesota or the United States, that clean up or remediation of a contaminated site occur and the property owner has failed to comply with the court's order within a reasonable time. Comment: The cost test will limit the applicability of this definition to the most severely contaminated sites. There will be many sites with significant contamination that is costly enough to preclude redevelopment without public intervention, but costly not enough to satisfy this defnition. 3. Reduction of an abandoned property. Section 117.025, Subdivision 5 defines "abandoned property" as property that: (1) has been substantially unoccupied or unused for any commercial or residential purpose for at least one year by a person with a legal or equitable right to occupy the property; (2) has not been maintained; and BI-4 Kennedy & Graven 200 South Sixth Street, Suite 470 Minneapolis, MN 55402