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Minnesota Statutes 2004, 469.028 <br />ground; <br />(2) the existence of faulty planning characterized by the <br />subdivision or sale of lots laid out in disregard of the <br />contours or of irregular form and shape or of inadequate size; <br />or <br />(3) a combination of these or other conditions which have <br />prevented normal development of the land by private enterprise <br />and have resulted in a stagnant and unproductive condition of <br />land potentially useful and valuable for contributing to the <br />public health, safety, and welfare. Acquisition of such land <br />shall be a redevelopment project only if a redevelopment plan <br />has been adopted which provides for the elimination of these <br />conditions, thereby making the land useful and valuable for <br />contributing to the public health, safety, and welfare and the <br />acquisition of the land is necessary to carry out the <br />redevelopment plan. <br />Subd. 4. Acquisition of unused or inappropriately used <br />land. A redevelopment project may include any work or <br />undertaking to acquire land or space that is vacant, unused, <br />underused or inappropriately used, including infrequently used <br />rail yards and rail storage facilities, and excessive or vacated <br />railroad rights-of-way; air rights over streets, expressways, <br />railroads, waterways, and similar locations; land which is <br />occupied by functionally obsolete nonresidential buildings, or <br />is used for low utility purposes, or is covered by shallow <br />water, or is subject to periodic flooding, or consists of unused <br />or underused slips or dock areas or other waterfront property. <br />This subdivision applies only to land or space that the <br />authority determines may be developed at a cost reasonably <br />related to the public purpose to be served without major <br />residential clearance activities, and with full consideration of <br />the preservation of beneficial aspects of the urban and natural <br />environment, for uses that are consistent with emphasis on <br />housing for low and moderate income families. These uses <br />include the provision of schools, hospitals, parks and other <br />essential public facilities and, where appropriate, all uses <br />associated with new community development programs as defined in <br />the United States Urban Growth and New Community Development Act <br />of 1970, as amended, or similar large scale undertakings related <br />to inner city needs, including concentrated sources of <br />employment. <br />Subd. 5. Early acquisition. When an authority has <br />determined the location of a proposed redevelopment project, but <br />prior to the approval of the redevelopment plan and project as <br />provided in subdivision 2, the authority may acquire individual <br />tracts of real property with the approval of the governing body <br />as to each separate tract. Before approving early acquisition, <br />the governing body shall hold a public hearing on the proposed <br />acquisition activities after published notice in a newspaper of <br />general circulation in the municipality at least once not less <br />than ten days nor more than 30 days prior to the date of the <br />hearing. <br />The authority shall not proceed with the acquisition unless <br />the governing body finds by resolution that (1) the proposed <br />acquisition is necessary to carry out public improvements in the <br />Page 2 of 3 <br />http://www.revisor.leg.state.mn.us/stats/469/028.htm1 9/23/2005 <br />