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Item 12
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_Prior to 1999
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1998
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01-17-1998
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Item 12
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HANDBOOK FOR MINNESOTA CITIES <br /> 175 A.L.R.773. The action of a council in vacating a street would ordinarily be • <br /> void if it does not hold a hearing, or if it fails to publish and <br /> post notice of the hearing for the period of time required by <br /> law. <br /> Eminent domain <br /> Minn.Stat.§465.01. Cities have the authority to take private property for public use <br /> Minn.scat.§ 117.011. as long as they pa} the landowner reasonable compensation. <br /> This occurs through a process referred to as eminent domain or <br /> City of Shakopee v.Clark,295 condemnation.The property need not be situated within the <br /> N.W.2d 495(Minn. 1980). city's corporate limits.If the property is held by another public <br /> Sch.Dist.No.40 v.Bolstad, body,the city must show a strong necessity for the <br /> 121 Minn.376, 141 N.W.801 condemnation. <br /> (1913). <br /> Essentially, as long as a public purpose exists and the <br /> landowner is paid the value of the property fixed in Minnesota <br /> by court-appointed commissioners,a city is allowed to acquire <br /> property against the will of the landowner. However, it should <br /> be clear that a city may not always have the right to institute <br /> eminent domain proceedings upon a landowner's mere refusal <br /> to sell. <br /> Minn.Stat.ch. 117.See League To acquire property by eminent domain,cities must follow the <br /> memo,Municipal Acquisition procedure in the comprehensive eminent domain statute.Under • <br /> of Property by Eminent <br /> Domain, 190. that law, the council begins proceedings, typically by passing a <br /> resolution.The city must then file a petition with the district <br /> court stating the proposed public purpose. If the court <br /> determines that the purpose is an authorized public purpose, it <br /> appoints commissioners to appraise the landowner's damages. <br /> The parties may appeal the commissioners' appraisal. <br /> Minn.Stat.§ 117.016. When one city needs part of a tract of land for some public <br /> purpose and another city needs other parts for a public <br /> purpose,they may enter into an agreement for joint acquisition <br /> of the land by eminent domain. <br /> 404 • <br />
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