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3.0 HRSR 12-07-2015
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3.0 HRSR 12-07-2015
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12/4/2015 12:02:08 PM
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City Government
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HRSR
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12/7/2015
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RELEVANT LINKS: <br /> • Use Deed. When a city acquires tax-forfeited property at no cost,the use <br /> of the land will be restricted to specific public purposes specified on the <br /> deed document itself for a certain period of time. When the city ceases to <br /> use the land for the specified purposes,the land may revert to the state of <br /> Minnesota. <br /> Minn.Stat.§410.33. Home rule charter cities may have special requirements in their charters. <br /> These cities should check their charters for additional restrictions. However, <br /> if the charter is silent in this area, the city may follow the same rules that <br /> apply to statutory cities. <br /> A. Purchase <br /> Minn.Stat.§412.211. Statutory cities have the power to purchase real property within or outside of <br /> their corporate limits. Home rule charter cities generally have similar <br /> authority in their charters. <br /> Minn.Stat.§ 117.52. A city may have a responsibility to pay relocation costs to persons who are <br /> See Part I-E-Eminent <br /> domain. displaced from their homes, farms, or businesses as a result of the purchase. <br /> Minn.Stat.§282.01,subd.2. This law may apply even when the eminent domain process is not used to <br /> require the sale of the land. Most cities include a waiver in the final contract <br /> if these costs have been included in the price or if the sale is a negotiated <br /> one. <br /> Minn.Stat.§ 130.05,subd.3. If a city is developing an offer or counteroffer to purchase real property, it <br /> See Part III—I-Open <br /> Meeting Law. may close a meeting. <br /> B. Gifts of land to cities <br /> Minn.Stat.§465,03. Any city may accept a grant or devise real property and maintain such <br /> property for the purpose of its citizens in accordance with the terms <br /> prescribed by the donor. The city council must do the following in order to <br /> accept the land: <br /> • The council must pass a resolution by a two-thirds majority. This is a <br /> two-thirds vote of the entire council,not just the members who are <br /> present. <br /> • The resolution must express the terms of acceptance in detail. <br /> Minn.Stat.§465.03.Also Before accepting a grant of land,however, a city should carefully consider <br /> see Part III-A— <br /> Environmental. whether the conditions of the grant are ones it can follow. For example, a <br /> Housing and Redevelopment city could not agree to use the property for religious or sectarian purposes. <br /> Authority of City of South St. <br /> Paul v. united Stockyards Additionally, a city should investigate the history of the land to make sure <br /> Corp.,309 Minn.331,332, the land is not contaminated before accepting such a gift. <br /> 244 N.W.2d 275,276(1976). <br /> League of Minnesota Cities Information Memo: 1/22/2015 <br /> Purchase and Sale of Real Property Page 2 <br />
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