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RELEVANT LINKS: 3. Utilities Minn.Stat.§462.358,subd. A city's subdivision regulations may also require a reasonable portion of the 2b. buildable land of a proposed subdivision be dedicated to the public for the following type of utilities: • Sewers. • Electric facilities. • Gas facilities. • Storm water drainage areas or ponds. • Other similar utilities and improvements. D. Devise Minn.Stat.§412.211.Minn. Sometimes people will leave real property to cities in their wills. Every city Stat.§465.03. has authority to accept real property that is devised to it. As with gifts of land, a city should be certain it could comply with any deed restrictions or conditions attached to the land. It is also important to consider the appropriate environmental aspects that could be a concern. A city should consult an attorney if real property is devised to it. E. Eminent domain (condemnation) Minn.Stat.§465.01.Minn. Cities can acquire real property or easements through eminent domain(also Stat.ch.117. known as condemnation). Essentially, eminent domain is a means to require Kelo v.City of New London, that an owner sell his or her land to a city. This procedure requires a formal 125 S.ct.2655(2005). court action, and a city must pay an owner for the value of the land or the Minn.Stat.§ 117.012,subd. damages to the land- if the city is taking only part of it, such as for an 2. easement. Minn.Stat.§ 117.025,subd. In Kelo v. City of New London,Conn.,the United States Supreme Court 11. held that taking property for economic development is a valid public purpose and that if a city seeks to exercise its power of eminent domain for economic development purposes, it should do so in conjunction with a well thought out economic development plan. In response to the Kelo decision,the Minnesota Legislature limited a city's power of eminent domain to a public use or public purpose. A public use or public purpose is defined as: • the possession, occupation, ownership, and enjoyment of the land by the general public, or by public agencies. • the creation or functioning of a public service corporation. • the mitigation of a blighted area,remediation of an environmentally contaminated area, reduction of abandoned property, or removal of public nuisances. League of Minnesota Cities Information Memo: 1/22/2015 Purchase and Sale of Real Property Page 4