7. EDSR 09-11-2006 - Laserfiche WebLink

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(3) for which taxes have not been paid for at least two previous years. Comment: The more common problem is vacant commercial structures that create blighting influences on their surrounding areas. Occasionally, these properties are also tax delinquent, but the universe of buildings that meet this entire definition is small. It is also signifcant that this definition authorizes condemnation only to "reduce" the properties that meets this definition; there is no concept of an area where some percentage of the buildings are abandoned. 4. Removal of a public nuisance. Section 117.025, subd. 9 defines the term to mean public nuisances under Minnesota Statutes, Section 609.74. That section is a criminal statute that requires intent to endanger the genera] public. As such, "public nuisances" are more rare than "blighted areas" and "environmentally contaminated areas," and therefore will have little relevance in the development and redevelopment context. III. EMINENT DOMAIN POWERS REPEALED. The effect of Sections 1 and 2 of the bill summarized above is to repeal the use of eminent domain for all other purposes not specified in those sections. Some of the purposes for eminent domain that were available under prior law include: • Acquisition of vacant parcels, where they were either an element of blight or exhibited inherent problems that impaired development. • Eminent domain to clear title problems (unless one of the new public purpose definitions is also met). • Acquisition of property by cities exercising powers in a municipal development district under Minnesota Statutes, Section 469.124 to 469.134 (which did not require findings of blight). • Acquisition to promote the development of housing for low and moderate income persons. IV. CONDEMNATION ON AN AREAWIDE BASIS. Under long-established Minnesota law, local authorities have been permitted to use eminent domain to acquire properties needed to carry out development or redevelopment efforts on an area wide basis. That is, once the findings have been made to carry out the various public purposes in the applicable development or redevelopment statute, eminent domain is authorized for all acquisitions needed to carry out that project, whether or not the parcel being condemned has characteristics of blight. 111-5 Kennedy & Graven 200 South Sixth Street, Suite 470 Minneapolis, MN 55402