7. EDSR 09-11-2006 - Laserfiche WebLink

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THE SHOE FALLS: WHAT THE LEGISLATURE DID TO REDEVELOPMENT TAHINGS Stephen J. Bubul In Minnesota Laws 2006, Chapter 214 (Senate File 2750), the legislature adopted sweeping changes to the statutes governing eminent domain for economic development and redevelopment. This article summarizes the changes and discusses some of the potential impacts on the ability of local authorities to carry out development efforts. I. REDEVELOPMENT STATUTES SUPERSEDED. Section 1 of the bill creates a new Section 117.012, containing these provisions Subdivision 1. This provision consolidates all eminent domain powers for all political subdivisions in Chapter 117, "notwithstanding any charter provision, ordinance, statute or special law." While development and redevelopment statutes have refen•ed to Ch. 117 for eminent domain procedures, the powers that enable the use of eminent domain have historically been provided in various sections of Chapter 469. This preemption clause removes any doubt that powers of eminent domain for development purpose might still be found in other statutes. Subdivision 2. This clause states that eminent domain "may only be used for a public use or a public purpose." This would seem to be an obvious restatement of the law, but Ch. 214 later outlines precisely what the terms "public use" and "public purpose" mean, which sharply limits the scope of those concepts. Subdivision 3. This provision provides an exception to general rules described above, permitting continues use of eminent domain powers under other laws for certain drainage project, town roads and watershed districts. II. CRITERIA FOR EMINENT DOMAIN IN REDEVELOPMENT CONTEXT. Section 2 of the bill amends the existing definition section in Ch. 117, primarily to describe and limit the circumstances in which eminent domain may be used for development and redevelopment. The key definition is public use or public purpose, which terms are defined in Section 117.025, Subdivision 11 to mean exclusively: (1) The possession, occupation, ownership and enjoyment of the land by the general public, or by public agencies; III-1 Kennedy & Graven 200 South Sixth Street, Suite 470 Minneapolis, MN 55402