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found to be substandard. Nevertheless, this requirement will eliminate the <br />various other conditions that justified eminent domain for redevelopment in the <br />past, which turned not on the physical condition of the buildings but the overall <br />land use patterns. Moreover, it differs sharply from the definition of <br />"structurally substandard" under the TIFAct, which includes a building code <br />analysis as a component, but does not require code violations. <br />(2) in which the cited building code violations involve one or more of the <br />following: <br />(i) a roof and roof framing element; <br />(ii) support walls, beams, and headers; <br />(iii) foundation, footings, and subgrade conditions; <br />(iv) light and ventilation; <br />(v) fire protection, including egress; <br />(vi) internal utilities, including electricity, gas, and water; <br />(vii) flooring and flooring elements; or <br />(viii) walls, insulation, and exterior envelope; <br />Comment: This list only applies to building code violations. <br />Presumably, violations of housing and maintenance codes may involve other <br />elements than those listed under this clause. <br />(3) in which the cited housing, maintenance, or building code violations <br />have not been remedied after two notices to cure the noncompliance; <br />and <br />Comment: This condition has been quite rare in the past. Whether that <br />will change in light of the new statute, and the inclusion of housing and <br />maintenance codes, remains to be seen. <br />(4) has uncured housing, maintenance, and building code violations, <br />satisfaction of which would cost more than 50 percent of the assessor's taxable <br />market value for the building, excluding land value, as determined under <br />section 273.1 I for property taxes payable in the year in which the condemnation <br />is commenced. <br />Comment: This is a severe test, which largely undercuts the inclusion of <br />housing and maintenance codes in the mix along with building codes. Compare <br />this language to the existing test under the TIFAct, where in order to qualify as <br />a substandard building the city must find that the cost of bringing a building up <br />to current codes (whether or not those codes actually apply to the building in <br />question) is at least I S percent of the cost to construct a similar building at that <br />site (essentially, replacement cost). <br />111_3 Kennedy & Graven <br />200 south Sixth Street, Suite 470 <br />Minneapolis, MN 55402 <br />