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sign cant in takings of non-blighted buildings and uncontaminated parcels, <br />where the question of no feasible alternative to the taking will need to proven by <br />this higher test. <br />VI. EF'F'ECTIVE DATES. <br />Under Section 22 of the bill, the general rule is that the act applies to eminent domain <br />actions "commenced" on or after the day following final enactment, which was May 20, <br />2006. An action is commenced when service of the petition is made. <br />However, Section 22 includes a series of exceptions that specifically address takings for <br />development and redevelopment. The entire act does not apply to actions commenced on or <br />before February 1, 2008 if the project satisfies one of these conditions: <br />1. The property was identified as "intended to be acquired" in a TIF Plan <br />that was approved by the municipality by February 1, 2006, and either <br />a. the developer has acquired property by May 1, 2006 in <br />reliance on the authority's contractual obligation to condemn <br />property; or <br />b. by May 1, 2006, the condemning authority has issued, sold, or <br />entered into a binding agreement to issue or sell bonds or other <br />obligations to finance the cost of the tax increment financing <br />plan and has commenced the action within two yeazs after the <br />bonds were issued. <br />2. The TIF district was certified before February 1, 2006; a tax increment <br />financing plan, adopted before February 1, 2006, identified the property <br />as intended to be acquired; and the condemning authority has <br />commenced the action within five years after certification of the district. <br />3. Creation of the TIF district was authorized under a special law that <br />received local approval or became effective without local approval <br />before February 1, 2006, and the condemning authority commences the <br />action within the time period permitted under the applicable general or <br />special law for making expenditures to comply with Minnesota Statutes, <br />Section 469.1763, subdivision 3, but not to exceed aten-year period. <br />4. The condemning authority commences the action before February 1, <br />2011, to complete land assembly for a project, financed in whole or in <br />part with abatement under Minnesota Statutes, Sections 469.1813 to <br />469.1815, and the abatement resolution was adopted by one of the <br />participating political subdivisions before February 1, 2006. <br />III-8 Kennedy & Graven <br />200 South Sixth Street, Suite 470 <br />Minneapolis, MN 55402 <br />