6. HRSR 03-06-2006 - Laserfiche WebLink

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H.F. No. 2895, as introduced - 84th Legislative Session (2005-2006) Page 7 of 11 8.21 , 8.22 {d}am Property acquired by condemnation under this section may include any 8.23 property devoted to a public use, whether or not held in trust, notwithstanding that the 8.24 property may have been previously acquired by condemnation or is owned by a public 8.25 utility corporation, because the public use in conformity with the provisions of sections 8.26 469.001 to 469.047 shall be deemed a superior public use. Property devoted to a public 8.27 use may be so acquired only if the governing body of the municipality has approved 8.28 its acquisition by the authority. 8.29 {e~~ An award of compensation shall not be increased by reason of any increase 8.30 in the value of the real property caused by the assembly, clearance or reconstruction, or 8.31 proposed assembly, clearance or reconstruction for the purposes of sections 469.001 8.32 to 469.047 of the real property in an area. 8.33 Sec. 13. [469 401] ACQUISITION BY EMINENT DOMAIN UNDER THIS 8.34 CHAPTER. 9.1 Subdivision 1. Application. Sections 469.401 to 469.403 apply to the exercise of 9.2 eminent domain~owers by a condemning authority under this chapter if the property 9.3 interest to be acquired b r~eminent domain is intended to be sold transferred or otherwise 9.4 conveyed to a person or nongovernmental entity without the power of eminent domain. 9.5 Subd. 2. Public hearing and notice required. Prior to adoption of a resolution 9.6 authorizinq the use of eminent domain the governing body of the condemning authority 9.7 must hold a public hearing_on theproposed a~uisition after published notice in a 9.8 newspaper of general circulation in the governing body's jurisdiction and on the governing 9.9 body's Web site if applicable which must be made at least one time not less than two 9.10 weeks nor more than 60 des prior to the date of the hearing. The notice must reasonably 9.11 describe the property interest to be acquired state that the purpose of the hearing is to 9.12 consider acquisition by eminent domain state that comments may be submitted orally 9.13 at the hearing or in writing prior to or at the hearing and specify an address to which 9.14 written comments may be mailed Not less than two weeks before the hearing notice of 9.15 the hearing must also be mailed to the owner of each parcel proposed to be acquired but 9.16 defects in the notice do not invalidate the acquisition. For the purpose of giving mailed 9.17 notice owners are determined as provided bisection 429.031 subdivision 1 paragraph 9.18 (a) The resolution authorizing the use of eminent domain must not be adopted at the same 9.19 meeting or on the same da ryas the public hearing 9.20 Subd. 3. Resolution. The resolution authorizinq the use of eminent domain must: 9.21 (1) identify and describe the public benefits that are known or expected to result 9.22 from theprogram or project for which theproperty interest is proposed to be acquired 9.23 (2) identify and describe the private benefits that are known or expected to result 9.24 from the anticipated conv~ance of the property interest proposed to be acq_uired~ 9.25 (3) summarize and respond to any oral comments made at the public hearing or 9.26 written comments received at orprior to the public hearing; and 9.27 (4) address how the a ~uisition of the property interest serves one or more identified 9.28 public purposes and why the acquisition of the property is reasonably necessary to 9.29 accomplish those purposes. 9.30 Subd. 4. Summary of findings. The governing bow of a condemning authority http ://www.revisor.leg. state.mn.us/bin/bldbill.php?bill=H2895.O.html&session=ls84&print... 2/28/2006