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CHA 04/30/2001
TO: Charter Commission Members FROM: Deb Skogen, City Clerk and Staff Liaison Date: April 24, 2001 CITYOF Re: April 30, 2001 Charter Meeting FRIDLEY The next Charter Commission meeting will be held on Monday,April 30th in Conference Room A in the upper level of City Hall. Attached for your review and discussion are the minutes of March 26, 2001, correspondence from the City Clerk and Charter Commission Attorney regarding amendments to the Charter and information on eminent domain. Recognition will be given to Suzanne Warren as outgoing Chairperson and to Char Fitzpatrick as an outgoing Commission Member. We would like to express to Suzanne for her hard work and dedication as a member of the Ad Hoc Committee to help amend the City Charter after last falls election and to Char our appreciation for valued service as a Charter Commission member for the past 8 years. If you have any questions regarding this meeting,please let me know as soon as possible. In addition,please contact me at(763) 572-3523 if you cannot attend the meeting. CITY OF FRIDLEY CHARTER COMMISSION AGENDA MONDAY, APRIL 30, 2001 7:00 P.M. LOCATION: Fridley Municipal Center Conference Room A (Upper Level) CALL TO ORDER: ROLL CALL: APPROVAL OF AGENDA: APPROVAL OF MINUTES March 26,2001 1. Administrative Matters A. Membership 2. Discussion of Chapter 8-Public Improvements and Special Assessments A. Letter from Charter Commission Attorney 3. Discussion of Chapter 9-Eminent Domain 4. Consideration of items for future discussion ADJOURNMENT Next regular meeting: May 21,2001 at 7:00 p.m. CITY OF FRIDLEY CHARTER COMMISSION MEETING March 26,2001 CALL TO ORDER: Vice-Chairperson Gordon called the Charter Commission meeting to order at 7:45 p.m. ROLL CALL: Members Present: Don Findell,Craig Gordon,Carter Hendricks,Bill Holm,Nancy Jorgenson,Cindy Soule, Francis Van Dan Members Absent: Suzanne Warren,Char Fitzpatrick,Scott Heck,Deborah Monden,Maynard Nielsen, Regina Querimit Others Present: Deb Skogen,City Clerk/Staff Liaison APPROVAL OF AGENDA: MOTION by Commissioner Soule seconded by Commissioner Findell to approve the agenda. UPON A VOICE VOTE,ALL VOTING AYE,VICE-CHAIRPERSON GORDON DECLARED THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF FEBRUARY 26,2001,CHARTER COMMISSION MINUTES: MOTION by Commissioner Jorgenson seconded by Commissioner Hendricks to approve the February 26,2001, Charter Commission Minutes. Vice-Chairperson Gordon requested that the signature of the Secretary be added to the minutes. Commissioner Soule accepted the amendment. UPON A VOICE VOTE,ALL VOTING AYE,VICE-CHAIRPERSON GORDON DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. ADMINISTRATIVE MATTERS A. Commissioner Jorgenson MOVED and Commissioner Holm seconded a motion to elect the officers as recommended by the Nominations Report. UPON A VOICE VOTE,ALL VOTING AYE,VICE-CHAIR-PERSON GORDON DECLARED THE MOTION CARRIED UNANIMOUSLY. B. Vice-Chairperson Gordon said that the recognition of outgoing officers and members would be made at the next meeting. 2. DISCUSSION OF CHAPTER 8-PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS As there was not a quorum,until 7:45 p.m.,the Commissioners informally discussed the working draft of Chapter 8 prior to the meeting without making any motions. It was recommended that Ms. Skogen do a search of all Chapters DRAFT CHARTER COMMISSION MEETING OFMARCH 26,2001 Page 2 of the Charter to fmd if the words lowest responsible is in any other part of the Charter besides Chapters 6 and 8. Two small changes were suggested on the working draft. These changes are: A. Section 8.01.to add an s after the second plan in the first sentence. B. Section 8.05.1.to not strikeout the word or in the second line,it should be included in the language. Vice-Chairperson Gordon requested that the corrections be made to the working draft as suggested during the informal discussion prior to the meeting. He recommended preparing an ordinance to amend Chapters 6 and 8 of the Charter for the Charter Commission Attorney to review. Commissioner Van Dan asked if the Commission attorney was on a retainer or if we were billed by the hour. Ms. Skogen stated we were billed by the hour,not to exceed a maximum of$2000 a year. 3. DISCUSSION OF CHAPTER 9-EMINENT DOMAIN Vice-Chairperson Gordon asked who had requested this Chapter be discussed. Ms. Skogen said that it had been requested last spring by either Commissioner Querimit or Commissioner Monden. Commissioner Van Dan asked if a copy of the state statute and the Chapter 9 of the City Charter could be included in their information as well as a defmition of what eminent domain was. 4. CONSIDERATION OF ITEMS FOR FUTURE DISCUSSION Commissioner Soule wondered about adding a glossary to the Charter and Commissioner Jorgenson agreed it would be a good idea to have defmitions. Vice-Chairperson Gordon said that Commissioner Van Dan had previously requested there be a glossary. Commissioner Soule suggested there be a cross-reference by key words. Commissioner Jorgenson agreed and used the example discretionary vs.non-discretionary. Commissioner Hendricks recommended using an index and thought it made sense. He did feel that the more defmitions that were included would restrict the ability to interpret the charter. It was suggested that Ms Skogen prepare disks with electronic version of Charter for members to allow them to do a search to prepare a glossary. ADJOURNMENT: MOTION by Commissioner Holm seconded by Commissioner Soule to adjourn the meeting. UPON A VOICE VOTE,ALL VOTING AYE,VICE-CHAIRPERSON GORDON DECLARED THE MOTION CARRIED AND THE MEETING WAS ADJOURNED AT 8:05 P.M. Respectfully submitted, Debra A. Skogen Deborah Monden,Secretary City Clerk/Staff Liaison DRAFT Apr 17 01 03: 04p TBBJM LAW (763) 441 -0901 p. 1 Terpstra, Black, Brandell, Jensen & Moore Ronald G. Black Kim E. Brandell Attorneys at Law Jeffery J. Jensen 913 Main Street Elizabeth K. Moore April 17, 2001 Elk River, MN 55330-1508 Brian A. Park (763) 441-7040 ofc James A. Bumgardner (763) 441-0901 fax John W. Terpstra (retired) via fax (571-1287) and U.S. Mail Debra A. Skogen, City Clerk City of Fridley 6431 University Avenue NE Fridley, Minnesota 55432 RE: Attorney's Opinion Relative To Proposed Ordinance Amending Section 6.06 and Chapter 8 Of the Fridley City Charter Dear Ms. Skogen: I am writing in response to your letter dated April 4, 2001, wherein you requested my review of the proposed ordinance amending Section 6.06 and Chapter 8 of the Fridley City Charter. It is my legal opinion that the language of the proposed Ordinance is appropriate and advisable given my review of the Fridley City Charter and relevant Minnesota Statutes. It is my understanding that the proposed amendments are due, in great part, to recent amendment of Minnesota Statutes relative to increased contract amounts. As you are aware, Minnesota Statutes, §429.041, Subd. 1 and Subd. 2, were recently amended to add increased contract amounts relative to costs of public improvements. Enclosed for your information, please find a copy of Chapter 5, Section 1, of 2001 Session Laws outlining the recent relevant amendments effective March 3, 2001. Those recent changes are appropriately reflected in proposed Section 8.05. Again, it is my legal opinion that the language of the proposed Ordinance is appropriate and advisable. If I can be of further assistance, or if you have additional questions, please do not hesitate to contact me. Thank you. Sincerely, Terpstra, Black, Brandell, Jensen & Moore :� _ iza - h K. oo - EK vh Enclosure Apr 17 01 03: 05p THHJM LAW (763) 441 -0901 p. 2 1 LEGISLATURE t 2001 REGULAR SESSION Ch. 5, § 1-- ' decal appropriation is Sec.2. Minnesota Statutes 2000,section 245A.11,subdivision 2b,is amended to read: Subd. 2b. ADULT FOSTER CARE; FAMILY ADULT DAY CARE. An adult foster care license holder licensed under the conditions in subdivision 2a may also provide family z; adult day care for adults age 6055 or over if no persons in the adult foster or adult family day ,_'•. care program have a serious and persistent mental illness or a developmental disability: The -i; maximum combined capacity for adult foster care and family adult day care is five adults, except that the commissioner may grant a variance for a family adult day care provider to ') admit up to seven individuals for day care services, if all of the following requirements are met: (1) the variance complies with section 245A.04,subdivision 9; (2)a second caregiver is i present whenever six or more clients are being served; and(3) the variance is recommended :ATION— 1 0 by the county social service agency in the county where the provider is located. A separate license is not required to provide family adult day care under this subdivision. Adult foster .l care homes providing services to five adults under this section shall not be subject to • licensure by the commissioner of health under the provisions of chapter 144, 194A, 157,or any Al other law requiring facility licensure by the commissioner of health. ;l Sec.3.EFFECTIVE DATE. i Sections 1t and 2g are effective the day following final enactment. cation requirement for Presented to the governor February 26,2001. 5. I 'Approved February 28,2001. MINNESOTA: • MUNICIPALITIES—IMPROVEMENTS--CONTRACTS CHAPTER 3 r S.F. No. 376 AN ACT relating to local improvements; setting limits for certain contract requirements; amend- . • ing Minnesota Statutes 2000,section 421041,subdivisions 1 and 2: • [TS---CONDITIONS BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA. Section 1. Minnesota Statutes 2000,section 429.041,subdivision 1,is amended to read: Subdivision 1. PLANS AND SPECIFICATIONS, ADVERTISEMENT FOR BIDS. • When the council determines to make any improvement,it shall let the contract for all or part of the work,or order all or part of the work done by day labor or otherwise as authorized by • subdivision 2, no later than one year after the adoption of the resolution ordering such aces for adult foster care improvement,unless a different time limit is specifically stated in the resolution ordering the tes 2000,section 245A.11, improvement. The council shall cause plans and specifications of the improvement to be made,or if previously made, to be modified, if necessary, and to be approved and filed with the clerk,and if the estimated cost exceeds$25,000$35,000 for municipalities of less than 2,500 MINNESOTA: 1. population, or $50,000 for all others, shall advertise for bids for the improvement in the ,is amended to read: 4 newspaper and such other papers and for such length of time as it may deem advisable. If 1+ the estimated cost exceeds $100,000, publication shall be made no less than three weeks a) An adult foster care ,! before the last day for submission of bids once in the newspaper ms in care are age 6955 -; p per and at least once in either a ms in me are age 60 newspaper published in a city of the fust class or a trade paper. To be eligible as such a trade paper, a publication shall have all the qualifications of a legal newspaper except that v a foster care provider { instead of the requirement that it shall contain general and local news,such trade paper shall er the age of 55 if the contain building and construction news of interest to contractors.in this state,among whom it val of the variance is shall have a general circulation. The advertisement shall specify the work to be done,shall is located. state the time when the bids will be publicly opened for consideration by the council, which mph(a)to allow the use shall be not less than ten days after the first publication of the advertisement when the s and persistent mental estimated cost is less than $100,000 and not less than three weeks after such publication in :variance complies with other cases, and shall state that no bids will be considered unless sealed and filed with the ariance is recommended clerk and accompanied by a cash deposit,cashier's check,bid bond,or certified check payable to the clerk, for such percentage of the amount of the bid as the council may specify. In ewe ; Additions are indicated by underline; deletions by strikeout 3 P-1 Apr 17 01 03: 05p TBBJM LAW (763) 441 -0901 p. 3 1 Ch. 5, § 1 n ' 82nd LEGISLATURE I { providing for the advertisement for bids the council may direct that the bids shall be opened publicly by two or more designated officers or agents of the municipality and tabulated in advance of the meeting at which they are to be considered by the council. Nothing herein shall prevent the council from advertising separately for various portions of the work involved in an improvement, or from itself, supplying by such means as may be otherwise authorized • by law,all or any part of the materials,supplies,,or equipment to be used in the improvement • or from combining two or more improvements in a single set of plans and specifications or a � ; single contract. I Sec.2. Minnesota Statutes 2000, . - section 429.041,subdivision 2,is amended to read: -: Subd.2. CONTRACTS; DAY LABOR. In contracting for an improvement, the council The new court Service 1 shall require the execution of one or more written contracts and bonds, conditioned Service are those i required by law. The council shall award the contract to the lowest responsible bidder or it various and ea. . may reject all bids. If any bidder to whom a contract is awarded fails to enter.promptly into ' i' a written contract and to furnish the required bond, the defaulting bidder shall forfeit to the prompt and easy ' municipality the amount of the defaulter's cash deposit,cashier's check, bid bond,or certified numbering in ti set I. check, and the council may thereupon award the contract to the next lowest court related mat. ! bidder. When it appears to the council that the cost of the entire work projected will be less appearing ter in is �, , appearing to this than$25,000$35,000 for municipalities of less than 2,500 population,or$80,000 for all others 8e Mie, see th B or whenever no bid is submitted after proper advertisement or the only bids submitted are higher than the engineer's may s see the I gineer's estimate the council ma advertise for new bids or, without court may s,res ai advertising for bids, directly purchase the materials for,the work and do it by the employ- court rules, resew r ment of day labor or in any other manner the council considers proper. The council may have the work supervised by the city engineer or other qualified r.' in Minnesota St. work supervised b are ' q person but shall have the _ annually updated. I. p by registered engineer if done by day labor and it appears to the council ,..- that the entire cost of all work and materials for the improvement will be more than $10,900$25,000. Incase of improper construction or unreasonable delay in the prosecution of the work by the contractor, the council may order and cause the suspension of the work at '' any time and relet the contract, or order a reconstruction of any portion of the work improperly done, and where the cost of-completion or reconstruction necessary will be less ' than-$25,000$35,000 for municipalities of less than 2,500 population, or the council may do it by the employment of day labor. ��for all others, . Sec.3.EFFECTIVE DATE. .•- Sections 1 and 2 are effective the day fotlowin their final enactment.- i Presented to the governor February 28,2001. i • Approved March 2,2001. s • -' ORDER PROMULG:�" I TO THE RULES OF ( Iii ' - r, The Supreme Cou recommended certain a d By order dated Octc . ments to be filed no lat.( The Court has.reviev I advised in the premises I IT IS HEREBY ORI • 1. The attached anv • are,prescribed and pro: 2. . These amendmen A. on or after the effect: amendments to Rule l Court of Appeals or the 4 3. The inclusion of Additions are indicated by underline; deletions by sf reflect court approval e:slam! 11 1- CIZYOF FRIDLEY FRIDLEY MUNICIPAL CENTER•6431 UNIVERSITY AVE.N.E.FRIDLEY,MN 55432•(763)571-3450•FAX(763)571-1287 April 4, 2001 Elizabeth Moore Terpstra, Black, Brandell &Kaminsky 913 Main Street Elk River, MN 55330 Dear Ms. Moore, The Fridley City Charter Commission has been reviewing Chapter 8 of the Fridley City Charter for the past few months,mostly due to the change in state law last spring relating to contract amounts. They have received comments from the former Public Works Director,reviewed other city charters and discussed this Chapter at length. I have prepared the attached proposed ordinance amendment to the Fridley City Charter. Please review the proposed ordinance and forward your legal opinion as to their recommendations as soon as possible. If you have any questions or need further information,please contact me at(763) 572-3523. Sincerely, Debra A. Skogen, City Clerk Attachments ORDINANCE NO. AN ORDINANCE AMENDING SECTION 6.06,CONTRACTS,HOW LET AND CHAPTER 8. PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS OF THE FRIDLEY CITY CHARTER The City Council of the City of Fridley does hereby ordain as follows: That the following sections of the Fridley City Charter be amended as follows: Section 1: That Section 6.06. CONTRACTS,HOW LET,be amended as follows: In all cases of contracts for the purchase of merchandise, materials or equipment or for any kind of construction work undertaken by the City, which require an expenditure of more than that which is set by the State Statutes, unless the Council shall by an emergency ordinance otherwise provide, the City Manager shall advertise for bids by at least ten (10) days published notice in the official newspaper. When a bid is required,it shall be let to the lowest responsible bidder who is ualified in accordance with Minnesota State Statutes as determined by the Council. The Council may, however, reject any and all bids. Nothing contained in this Section shall prevent the council from contracting for the doing of work with patented processes, or from the purchasing of patented appliances. Section 2: that CHAPTER 8. PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS,be amended as follows: Section 8.01. THE CITY PLAN. The present Village zoning and comprehensive plans shall be the plans for future physical development of the City. Such pPlans may be altered from time to time. To alter sash a zoning plan, the City Council shall hold a public hearing and notice published fourteen (14) days prior to hearing with notices sent to affected property owners. It may include provisions for zoning, for the platting and development of new areas, for the planning and location of public works of art, public buildings,parks,playgrounds,bridges,transportation lines, and other public facilities, and for laying out,grading improving of streets and public places as well as few all other matters which may seem essential to such a plan. Section 8.02.ENFORCEMENT OF CITY PLAN. The Council shall have all necessary power, acting through the City Manager, to enforce complete adherence by all persons to the plans adopted as provided above, and to adopt and enforce a comprehensive zoning ordinance. The Council shall have power to pass ordinances to regulate the Ordinance No. Page 2 use of private property, the height of buildings, and the proportion of the area of any lot which may be built upon and to establish building lines. Such power shall be exercised to promote public health, safety,morals,welfare and convenience. Section 8.03. PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS. The City shall have the power to make any and every type of public improvement not forbidden by the laws of the State and to levy special assessments to pay for all such improvements as are of a local character, in accordance with Minnesota State Statute Chapter 429, Local Improvements, Special Assessments. The amounts assessed to benefited property to pay for such local improvements may equal the cost of the improvements, including all costs and expenses connected therewith,with interest,until paid,but shall not exceed the benefits to the property. Section 8.04. LOCAL IMPROVEMENT REGULATIONS. . = - _ : - : . __ • - - • - - - . The City Council may prepare and adopt a comprehensive ordinance,prescribing the procedure which shall determine all matters pertaining to the making of local improvements thereafter, and such ordinance shall supplant all other provisions of law on the same subject and may be amended only by an affirmative vote of at least four (4) members of the City Council. Such ordinance shall provide for such notice and hearing in the ordering of improvements and the making of assessments therefore as shall be necessary to meet constitutional requirements. Such ordinance shall also require a petition of a majority in number and interest of the owners of property to be assessed for such improvement, or improvements, for the initiation thereof;provided that the City Council may proceed upon its own initiative hereunder and under such ordinance by resolution adopted by five(5)four/fifths (4/5) affirmative votes of the City Council after a proper notice and hearing. (Ref. Ord. 776) Section 8.05. PUBLIC WORKS HOW PERFORMED. 1. Public works including all local improvements, may be constructed, extended, repaired or maintained either by contract or, • - . __ _:. __. , ., . _ . . ..... . _ , directly by day labor. Before receiving bids the City Manager shall, under the direction of the City Council have suitable plans and specifications prepared for the proposed material or project and estimate of the cost thereof in detail. The award of any contract amounting to more than terf fifty thousand dollars ($450,000) shall require an affirmative vote of at least four(4)members of the City Council. When the best interest of the City will be served thereby, the City Council may organize a eenstpaetiefi public works department under competent supervision and provided with suitable equipment. (Ref. Ord. 776) Ordinance No. Page 3 2. The right is reserved to the City Council, upon the recommendation of an engineer, acting through the lion public works department, to bid on any work to be let by contract. All contracts shall be let to the lowest responsible bidder who is qualified in accordance with Minnesota State Statutes. , but the The term "lowest responsible bidder" shall be interpreted as giving the City Council the right to accept any bid which it determines to be most advantageous to the City. The City Council shall reserve the right to reject any or all bids in accordance with Minnesota State Statute Chapter 429. Detailed preseediags use. The City shall require contractors to furnish proper bonds for the protection of the City,the employees and material person. (Ref. Ord. 776) PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF ,2001. Scott J. Lund—Mayor ATTEST: Debra A.Skogen—City Clerk Public Hearing: First Reading: Second Reading: Publication: 3. Discussion of Chapter 9 -Eminent Domain Attached please find: 1. Chapter 9 of the City Charter 2. A definition of eminent domain from West Legal Directory 3. Search pages of MN Statutes for Eminent Domain with some attachments 4. Examples of eminent domain chapters from other city charters FRIDLEY CITY CHARTER CHAPTER 9. EMINENT DOMAIN Section 9.01. SET FORTH BY STATUTES OF THE STATE OF MINNESOTA. The City of Fridley shall have the power of Eminent Domain as set forth by the Statutes of the State of Minnesota. 10/05/89 Eminent Domain Page 1 ofy Help About For Mt-cfia Cc titoct C1s Site. Map Home '—■, \\'('`t I C Izii I)ii-pCt()r Home:About the Law:Areas of Law Practice: Real Property EMINENT DOMAIN attorney in ICS SPOIL The following article is excerpted from West's Encyclopedia of American Law. (Ordering information here.) The power to take private property for public use by a state,municipality, or private person or corporation authorized to exercise functions of public character, following the payment of just compensation to the owner of that property. Federal, state, and local governments may take private property through their power of eminent domain or may regulate it by exercising their police power. The Fifth Amendment to the U.S. Constitution requires the government to provide just compensation to the owner of the private property to be taken. A variety of property rights are subject to eminent domain, such as air,water, and land rights. The government takes private property through condemnation proceedings. Throughout these proceedings,the property owner has the right of due process. Eminent domain is a challenging area for the courts,which have struggled with the question of whether the regulation of property,rather than its acquisition, is a taking requiring just compensation. In addition,private property owners have begun to initiate action against the government in a proceeding called inverse condemnation. History The concept of eminent domain is not new. It has existed since biblical times,when King Ahab of Samaria offered Naboth compensation for Naboth's vineyard. In 1789, France officially recognized a property owner's right to compensation for taken property, in the French Declaration of the Rights of Man and of the Citizen,which reads, "Property being an inviolable and sacred right no one can be deprived of it, unless the public necessity plainly demands it, and upon condition of a just and previous indemnity." Shortly after the French declaration,the United States acknowledged eminent domain in the Fifth Amendment to the Constitution,which states, ". . . nor shall private property be taken for public use,without just compensation." The Fifth Amendment grants the federal government the right to exercise its power of eminent domain, and the Due Process Clause of the Fourteenth Amendment makes the federal guarantee of just compensation applicable to the states. State governments derive the power to initiate condemnation proceedings from their state constitutions, except North Carolina,which gains its power through statute. The constitutional and statutory provisions require federal, state, and local governments and subdivisions of government to pay an owner for property taken for public use at the time the property is taken. Eminent domain was created to authorize the government or the condemning authority, called the condemnor, to conduct a compulsory sale of property for the common welfare, such as health or safety. Just compensation is required to ease the financial http://www.wld.com/conbus/weal/wemindom.htm 4/24/01 Eminent Domain Page 2 of7Jl burden incurred by the property owner for the benefit of the public. Elements of Eminent Domain To exercise the power of eminent domain,the government must prove that the four elements set forth in the Fifth Amendment are present: (1)private property(2)must be taken(3) for public use(4) and with just compensation. These elements have been interpreted broadly. Private Property The first element requires that the property taken be private. Private property includes land as well as fixtures, leases, options, stocks, and other items. The rifle that was used to kill President John F. Kennedy was considered private property in an eminent domain proceeding. Taking The second element refers to the taking of physical property, or a portion thereof, as well as the taking of property by reducing its value. Property value may be reduced because of noise, accessibility problems, or other agents. Dirt,timber,or rock appropriated from an individual's land for the construction of a highway is taken property for which the owner is entitled to compensation. In general, compensation must be paid when a restriction on the use of property is so extensive that it is tantamount to confiscation of the property. Some property rights routinely receive constitutional protection, such as water rights. For example, if land is changed from waterfront to inland property by the construction of a highway on the shoreline,the owners of the affected property are to be compensated for their loss of use of the waterfront. Another property right that is often litigated and routinely protected is the right to the reasonable and ordinary use of the space above privately owned land. Specifically, aircraft flights over private property that significantly interfere with the property owner's use may amount to a taking. The flights will not be deemed a taking unless they are so low and so frequent as to create a direct and immediate interference with the owner's use and enjoyment of the property. Actions by the government that courts do not consider takings include the publication of plans or the plotting, locating, or laying out of public improvements, including streets,highways, and other public works, even though the publicity generated by such actions may hinder a sale of the land. The courts have traditionally not recognized the regulation of property by the government as a taking. Regulating property restricts the property owner's use and may infringe on the owner's rights. To implement a regulation,the state exercises its police power and is able to control the use of the property. Although the courts recognized a regulation as a taking in 1922,they have been inconsistent in their later rulings on this issue. In Pennsylvania Coal Co. v. Mahon, 260 U.S. 393,43 S. Ct. 158, 67 L. Ed. 322 (1922),the Supreme Court ruled that coal mining under an owner's property was not a taking, despite a subsidence, or settling, of the property's surface. In 1987, the Supreme Court stated that regulations that are excessive require compensation under the Fifth Amendment(First English Evangelical Lutheran Church of Glendale v. County of Los Angeles, 482 U.S. 304, 107 S. Ct. 2378, 96 L. Ed. 2d 250 [1987]). More recently, the Court determined that regulations that strip property of value or that do not substantially advance legitimate state interests are takings for which compensation is required(Nollan v. California Coastal Commission, 483 U.S. 825, 107 S. Ct. 3141, 97 L. Ed. 2d 677 [1987]). http://www.wld.com/conbus/weal/wemindom.htm 4/24/01 Eminent Domain Page 3 of,(1/ Public Use The third element,public use,requires that the property taken be used to benefit the public instead of specific individuals. Whether a particular use is considered public is ordinarily a question to be determined by the courts. However, if the legislature has made a declaration about a specific public use, the courts will defer to legislative intent (Hawaii Housing Authority v. Midkiff, 467 U.S. 229, 104 S. Ct. 2321, 81 L. Ed. 2d 186 [1984]). Further, "[t]he legislature may determine what private property is needed for public purpose . . .but when the taking has been ordered,then the question of compensation is judicial" (Monongahela Navigation Co. v. United States, 148 U.S. 312, 13 S. Ct. 622, 37 L. Ed. 463 [1893]). To determine whether property has been taken for public use, the courts first determined whether the property was to be used by a broad segment of the general public. The definition of public use was later broadened to include anything that benefited the public, such as trade centers,municipal civic centers, and airport expansions. The Supreme Court continued to expand the definition of public use to include aesthetic considerations. In Berman v. Parker, 348 U.S. 26, 75 S. Ct. 98, 99 L. Ed. 27 (1954),the Court ruled that slums could be cleared in order to make a city more attractive. The Court in Berman stated further that it is within legislative power to determine whether a property can be condemned solely to beautify a community. State courts have also expanded the definition of public use. The Michigan Supreme Court even allowed property to be condemned for the private use of the General Motors Company, under the theory that the public would benefit from the economic revitalization a new plant would bring to the community(Poletown Neighborhood Council v. City of Detroit, 410 Mich. 616, 304 N.W.2d 455 [1981]). Just Compensation The last element set forth in the Fifth Amendment mandates that the amount of compensation awarded when property is seized or damaged through condemnation must be fair to the public as well as to the property owner(Searl v. School District No. 2 of Lake County, 133 U.S. 553, 10 S. Ct. 374, 33 L. Ed. 740 [1890]). Because no precise formula for determining it exists,just compensation is the subject of frequent litigation. The courts tend to emphasize the rights of the property owner in eminent domain proceedings. The owner usually has not initiated the action but has been brought into the litigation because her or his property is needed for public use. The owner must participate in the proceedings,which can impose an emotional and financial burden. The measure of damages is often the fair market value of the property harmed or taken for public use. The market value is commonly defined as the price that could have reasonably resulted from negotiations between an owner who was willing to sell and a purchaser who desired to buy. The value of real property is assessed based on the uses to which it can reasonably be put. Elements for consideration include the history and general character of the area, the adaptability of the land for future buildings, and the use intended for the property after its taking. Generally,the best use of the land is considered to be its use at the time it was condemned, even though the condemnor may not intend to use the land in the same manner as the owner. Crops, grass, trees, minerals,rental income, and all other items that fairly enter into the question of value are taken into consideration when determining just compensation. The amount of compensation should be measured by the owner's loss rather than the condemnor's gain, and the owner should be placed in as good a financial position as he or she would have been in had the property not been taken(Monongahela). The compensation should be paid in cash, and the amount is determined as of the date title vests in the condemnor. Interest is paid on the award until the date of payment. http://www.wld.com/conbus/weal/wemindom.htm 4/24/01 Eminent Domain Page 4 ofig Condemnation Proceedings Condemnation proceedings vary according to individual state and federal laws. In general,the proceedings should be conducted as quickly as possible. A proceeding does not require court involvement if the condemnor and landowner enter into a contract for the taking of the property for a public use. A seizure pursuant to such a contract is as effective as if it were done through formal condemnation proceedings. Condemnation usually consists of two phases: proceedings that relate to the right of the condemnor to take the property, and proceedings to set the amount of compensation to be paid for the property taken. The commencement of the proceedings does not curtail ordinary use of the condemned property by the owner as long as the use does not substantially change the condition of the property or its value. States require special procedures for certain cases categorized by either the purpose for which the property is sought or the character of the party seeking to take it. For example, a special procedure is required when property is to be taken for a street, highway,park, drain, levee, sewer, canal, or waterway. In a procedure called a quick taking,the condemnor is permitted to take immediate possession and use of the property, and the owner must receive cash compensation in advance of the proceeding. The owner has the right to due process during condemnation proceedings. The owner must be notified in a timely manner and given reasonable opportunity to be heard on the issues of whether the use for which the property is expropriated is public and whether the compensation is just. Due process mandates that the landowner receive an opportunity to present evidence and to confront or cross-examine witnesses. The owner has an automatic right to appeal. Due process does not require a jury trial in condemnation proceedings, although various state constitutions and statutes provide for assessment by a jury. Absent contrary state provisions, a court has the discretionary power to grant or refuse a motion for view of the premises by a jury. A condemnation judgment or order must be recorded. Inverse Condemnation An increase in environmental problems has resulted in a new type of eminent domain proceeding, called inverse condemnation. In this proceeding,the property owner,rather than the condemnor, initiates the action. The owner alleges that the government has acquired an interest in her or his property without giving compensation, such as when the government floods a farmer's field or pollutes a stream crossing private land. An inverse condemnation proceeding is often brought by a property owner when it appears that the taker of the property does not intend to bring eminent domain proceedings. Articles from West's Encyclopedia of American Law are published on West Legal Directory with the understanding that the publisher is not engaged in rendering legal or other professional advice.If legal advice or other professional assistance is required,the services of a competent professional person should be sought. Help 1Contact Us Site Map 1 Home P ©1998 West Group West Group Home WEST CROUP � http://www.wld.com/conbus/weal/wemindom.htm 4/24/01 City Charter Page 14 of 19 adoption. (Amendment#5; 11/3/98) CHAPTER 8 PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS Section 8.01.Powers. The city may make any type of public improvement not forbidden by law and may levy special assessments against benefited property to pay all or a portion of the cost of a local improvement in the manner prescribed by law.The special assessments for a local improvement may equal the cost of the improvements but may not exceed the special benefit to the property assessed. Section 8.02.Current services. In addition to the provisions of law the council may provide by ordinance that the cost of city services to streets, sidewalks or other public or private property may be assessed against the property served and collected in the same manner as special assessments. CHAPTER 9 EMINENT DOMAIN Section 9.01.Acquisition of property. The city may acquire by purchase,gift,condemnation or otherwise,property within or without its boundaries that may be needed by the city for a public purpose. In acquiring property by the power of eminent domain the city must proceed in accordance with law. CHAPTER 10 FRANCHISED PUBLIC UTILITIES Section 10.01.Franchises required. Except as otherwise provided by law, a person, firm or corporation may not place or maintain a permanent or semi- permanent fixture in,over,upon or under a street,highway or public way in the city for the purpose of operating a public utility or for any other purpose without a franchise therefor from the city. Section 10.02.Ordinance. A franchise is granted by ordinance which may not be an emergency ordinance.An ordinance granting a franchise must contain all of the terms and conditions of the franchise.A franchise is not valid unless unconditionally and fully accepted by the grantee and filed with the city clerk. Section 10.03.Term An exclusive or perpetual franchise may not be granted by the city. A franchise for a term exceeding 20 years is not effective unless approved by a majority of the voters voting thereon at a regular or special election. http://www.ci.plymouth.mn.us/fufupage.asp?file=Reference/Regulations/CityCha.../Charter.ht 2/21/01 .2001 11:10Firi 1.1 I t- ur nn�Nn w p„r .,_. ANOKA CITY CHARTER PAGE 20 ,,J . •• I ' 1 1� � • •I The council may provide by ordinance that the cost of sprinkling, snow or rubbish removal, or of any other service to streets, sidewalks, or other public property, utility services provided private property, or the cost of any service to other property undertaken by the city may be assessed against the property benefited and collected in like manner as are special assessments. q'• 1 ' 1 1. I. • i• • 11 1• 1 . ,Hy, .2 In order to protect the lien of the city on special assessments,the council shall, whenever necessary, have power to purchase any lot or parcel of land at any tax sale, or take an assignment of any lien on same against which the city has a lien for special assessments, and may sell and assign any such lien held by such city, and otherwise take such action as will protect the interest of the city. Sectio 9 04 Public Wor s• How Performed.3 Public works, including all local improvements, may be constructed, extended, repaired and maintained either directly by day labor or by contract. The city shall require contractors to give bonds for the protection of the city and all persons furnishing labor and materials pursuant to the laws of the state. Chapter 10, Eminent Domain Section 10.01 Power to Acquire Property. The city may acquire,by purchase, gift, devise, or.condetlnnation, any property, corporeal or incorporeal, either within or without its corporate boundaries, which may be needed by the city for any public use or purpose. `-' Easements for slopes, fills, sewers, building lines, poles, wires, pipes, and conduits for water, gas, heat and power may be acquired by gift, devise, purchase, or condemnation in the manner provided by law. t*•1 11 h ' - • •'1 • •I . • .i• ' :! •/' ali .4 The necessity for the acquisition of any real property by the city sham be determined by the council and shall be declared by a resolution which shall describe such property as nearly as may be and state the use to which it is to be devoted. In acquiring property by exercising the power of eminent domain, the city shall proceed according to the law of this state, except as otherwise provided in this charter, Section 10.03 Payment of Award. • Whenever an award of damages is confirmed in any proceeding for the taking of property for public use by right of eminent domain, or whenever the court renders final judgment in any appeal from any such award and the time for abandoning such proceedings by the city has expired, the city shall, within seventy days of such final determination,pay the amount of the court, as the case-may be; and if not so paid,judgment therefor may be had against the city. n `'-J • Amended by Ordinance 1980-644, effective 10-11-80. 2 Amended by Ordinance 1980-644, effective 10-11-80. 3 Amended by Ordinance 1980-644, effective 10-11-80. 4 Amended by Ordinance 1993-927, effective 01-22-94. 1111,1151 1 11s10AM CITY OF HNUKH UUMunl1T Lev •��, • ANOKA CITY CHARTER PAGE 21 Section 10.04 City May Abandon Proceedings. The city may dismiss all or part of the property being acquired in a condemnation proceeding so long as the dismissal is filed with the proper court prior to the expiration of the time for an appeal or before entry of judgment if an appeal has been taken. The city shall pay all reasonable costs and expenses incurred by the condemnee including attorney's fees. Section 10.05 Cif'May Take Entire plant. If the city condemns a public utility which is operated at the time of the commencement of the condemnation proceedings as one property or one system, it Shall not be necessary in the condemnation proceedings or any of the proceedings of the council, to describe or treat separately the different kinds of property composing such system; but all of the property, lands, articles, franchises, franchise values, and rights which comprise such system may, unless otherwise ordered by the court, be treated together as one property and an award for the whole property in one lump sum may be made by the council members or other body assessing the damages or condemnation. This does not prevent the city, when the plant and property are separable into distinct parts, from acquiring only such part or parts thereof as may be necessary in the public interest. Chapter 11. Franchises Section 11.01 Franchises Required. Except as otherwise provided by law, no person, firm, or corporation shall place or maintain any permanent or semi-permanent fixtures, in, over, upon or.under any street or public place for the purpose of operating a public utility or for any other purpose, without a franchise therefor from the city. A franchise shall be granted , J only by ordinance, which shall not be an emergency ordinance. Every ordinance granting a franchise shall contain all the terms and conditions of the franchise. The grantee shall bear the costs of publication of the franchise ordinance and shall make a sufficient deposit with the clerk to guarantee publication before the ordinance is passed. Section 11.02 Terns. No perpetual franchise or privilege shall ever be created, nor shall any exclusive franchise or privilege be granted for a period of more than twenty-five years. Section 11.03 Public Hearin. • Before any franchise ordinance is adopted or any rates, fares, or prices to be charged by a public utility are fixed by the council, the council shall hold a public hearing on the matter. Notice of such hearing shall be published at least once in the official newspaper not less than ten days prior to the date of the hearing. Section 11.04 Pow4r of Rega in jicatasal. - Subject CO any applicable law the council may by ordinance reasonably regulate and control the exercise of any franchise, including the maximum rates, fares, or prices to be charged by the grantee. No franchise value shall be included in the valuation of the grantee's property in regulating utility rates, fares or prices under any applicable law, ordinance, or regulation or in proceedings for municipal acquisition of the grantee's property by purchase or eminent domain. Section 11.05 Renewals or Extensions. Every extension, renewal or modification of any existing franchise or of any franchise granted thereafter shall be subject to the same limitations and shall be granted in the same manner as a new franchise. CITY OF COON RAPIDS, MINNESOTA CHAPTER 1-900 EMINENT DOMAIN 1-901 Power to Acquire Property. The City acqire ir by purchase, gift, devise, or condemnation, any property, g intangible, either within or without its corporate boundaries, which may be needed by the City for any public use or purpose. [Revised 1/11/94 , Ordinance No. 1478) 1-902 Proceedings in Acquiring Property. The necessity for the taking of any property by the City shall be determined by the Council and shall be declared by a resolution which shall describe such property as nearly as possible and state the use to which it is to be devoted. In acquiring property by exercising the power of eminent domain, the City shall proceed according to the laws of this State, except as otherwise provided in this Charter. [Revised 1/11/94 , Ordinance No. 1478) 1-903 City May Take Entire Plant. If the City condemns a public utility which is operated at the time of the commencement of the condemnation proceedings as one property or one system, it shall not be necessary in the condemnation proceedings or any of the prcceedings of the Council, to describe or treat separately the different kinds of property composing such system; but all of the property, lands, articles, franchises, and rights which comprise such system may, unless otherwise ordered by the court, be treated together as one (1) property and an award for the whole property in one ( 1) lump sum may be made by the commissioners or other body assessing the damage on condemnation. This does not prevent the City, when the plant and property are separable into distinct parts, from acquiring only such part or parts thereof as may be necessary in the public interest. 1-900-1 CHAPTER 11 EMINENT DOMAIN SECTION 11.01 EMINENT DOMAIN(Amend.Eff. 12/13/93 Ord.#1993-731) The city may acquire,by purchase, gift, devise, or condemnation in the manner provided by State law any property, corporeal or incorporeal,either within or without its corporate boundaries,which may be needed by the city for any public use of purpose. Easements for slopes, fills, sewers, building lines,poles,wires,pipes, and conduits, for water,gas,heat,and power may be acquired by gift, devise,purchase, or condemnation in the manner provided by State law. SECTION 11.02 PROCEEDINGS IN ACQUIRING PROPERTY(Amend.Eff. 12/13/93 Ord.#1993-731) The necessity for the acquisition of any real property by the city shall be determined by the Council and shall be declared by a resolution which shall describe such property as nearly as possible and State its intended use. Before adopting any resolution determining the necessity of the purchase of any real property, the Council shall receive a report as to the estimated market value of such real property, from one(1)or more persons other than officers or employees of the city, qualified in the appraisal of real property,appointed by the Council. The city shall attempt to negotiate the purchase with the owners of the property under consideration. If negotiations fail and the city exercises the power of eminent domain,the city shall proceed according to the laws of the State. SECTION 11.03 PAYMENT OF AWARD Section 11.03 repealed by Ordinance#1993-731 effective 12/13/93. SECTION 11.04 CITY MAY ABANDON PROCEEDINGS Section 11.04 repealed by Ordinance#1993-731 effective 12/13/93. SECTION 11.05 CITY MAY TAKE ENTIRE PLANT Section 11.05 repealed by Ordinance#1993-731 effective 12/13/93. SVOGkI*fVII a4 Minnesota Statutes Summary Display Documents 1 to 20 of 170 ra 1 II�1� 11®® Section Chapter Title Section Headnote Number SOVEREIGNTY,JURISDICTION, Condemnation proceedings in state 1.047 EMERGENCY OPERATION,GENERAL courts by United States. POLICIES 15.50 STATE AGENCIES IN GENERAL Capitol area architectural and planning board. 38.05 COUNTY AGRICULTURAL SOCIETIES, Right of eminent domain. FAIRS,EXTENSION SERVICE 40A.122 AGRICULTURAL LAND Eminent domain actions. PRESERVATION PROGRAM 47.20 FINANCIAL CORPORATIONS Lending authority of financial institutions. 84.027 DEPARTMENT OF NATURAL Powers and duties. RESOURCES •—■ 84.035 DEPARTMENT OF NATURAL Peatland protection. RESOURCES 84.154 DEPARTMENT OF NATURAL Lac qui Parle water control project. RESOURCES DEPARTMENT OF NATURAL Conservation restrictions;effect of 84.65 RESOURCES recording;release of restrictions; enforcement. • 84A.10 LANDS DEDICATED FOR Eminent domain. CONSERVATION 84A.29 LANDS DEDICATED FOR Eminent domain. CONSERVATION 84A.32 LANDS DEDICATED FOR Department to manage projects. CONSERVATION 84A.39 LANDS DEDICATED FOR Eminent domain. CONSERVATION 84B.03 VOYAGEURS NATIONAL PARK Donation of state lands. 85.015 DIVISION OF PARKS AND State trails. RECREATION 85A.02 MINNESOTA ZOO Powers and duties. 88.43 DIVISION OF LANDS AND FORESTRY Firebreaks;clearing lands. 88.49 DIVISION OF LANDS AND FORESTRY Contracts. 89.032 STATE FORESTS;TREE PLANTING; Acquisition of land. FOREST ROADS 89.035 STATE FORESTS;TREE PLANTING; Income from state forest lands, FOREST ROADS disposition. Minnesota Statutes Summary Display Documents 21 to 40 of 170 z ME _ Section Chapter Title Section Headnote Number 89.18 STATE FORESTS; TREE Roads through state forests,permits. PLANTING; FOREST ROADS 93.05 MINERAL LANDS Holder of lease. 97A.015 GAME AND FISH Definitions. 103B.311 WATER PLANNING AND PROJECT County water planning and management. IMPLEMENTATION 103C.611 SOIL AND WATER Project without assessments. CONSERVATION DISTRICTS 103C.615 SOIL AND WATER Action on project with assessments. CONSERVATION DISTRICTS 103D.335 WATERSHED DISTRICTS District and managers'powers. 103F.351 PROTECTION OF WATER Lower St. Croix Wild and Scenic River RESOURCES Act. 103F.614 PROTECTION OF WATER Eminent domain actions. RESOURCES 103G.121 WATERS OF THE STATE Commissioner's authority to investigate and construct projects. 110A.28 RURAL WATER USER DISTRICTS Powers. 115B.03 ENVIRONMENTAL RESPONSE Responsible person. AND LIABILITY 115C.021 PETROLEUM TANK RELEASE Responsible person. CLEANUP 116C.63 ENVIRONMENTAL QUALITY Eminent domain powers;right of BOARD condemnation. 1161.05 PIPELINES Interstate gas pipelines; federal eminent domain; conditions not applicable. 117.011 EMINENT DOMAIN Must use this procedure; exceptions. .-� 117.016 I EMINENT DOMAIN Joint acquisition of land. 117.025 EMINENT DOMAIN Definitions. 117.035 EMINENT DOMAIN Proceedings,by whom instituted. 117.041 EMINENT DOMAIN Entry for survey or environmental testing. 1111111111ammuilailleas n Minnesota Statutes Summary Display Documents 41 to 60 of 170 Mil Section Chapter Title Section Headnote Number 117.043 EMINENT DOMAIN Compelling delivery of possession. 117.045 EMINENT DOMAIN Compelling acquisition in certain cases. 117.075 EMINENT DOMAIN Court to appoint commissioners. 117.086 EMINENT DOMAIN Noncontiguous tracts, treatment as unit. 117.087 EMINENT DOMAIN Prepayment penalties; damages. 117.135 EMINENT DOMAIN Taxes and assessments. 117.165 I EMINENT DOMAIN Jury trials; disclosure. 117.231 EMINENT DOMAIN Payment in installments. 117.39 EMINENT DOMAIN Proceedings under right of eminent domain. 117.48 -EMINENT DOMAIN Crude oil pipeline companies, eminent domain. 117.50 EMINENT DOMAIN Definitions. 117.521 EMINENT DOMAIN Waiver of relocation benefits. 117.54 EMINENT DOMAIN No additional damages created. 117.57 EMINENT DOMAIN Authorities; railroad properties. 123B.51 SCHOOL DISTRICT POWERS Schoolhouses and sites; uses for school and AND DUTIES nonschool purposes; closings. 123B.74 SCHOOL DISTRICT POWERS Eminent domain. AND DUTIES 123B.97 SCHOOL DISTRICT POWERS Schoolhouses and sites; common school AND DUTIES districts. 137.02 UNIVERSITY OF Powers and duties of board of regents. MINNESOTA 160.04 ROADS, GENERAL Width of roads. PROVISIONS t•—sk' ROADS, GENERAL 160.085 pROVISIONS Recording proposed acquisition for road. Minnesota Statutes Summary Display Documents 61 to 80 of 170 4° All FA 1/1 Section Chapter Title Section Headnote Number 160.095 ROADS, GENERAL Designation of minimum-maintenance roads. PROVISIONS 160.85 ROADS, GENERAL Authority for toll facility. PROVISIONS 161.1231 TRUNK HIGHWAY SYSTEM Parking facilities for I-394. 161.142 TRUNK HIGHWAY SYSTEM Great River Road. 161.16 TRUNK HIGHWAY SYSTEM Trunk highway designation, vacation, reversion. 161.20 TRUNK HIGHWAY SYSTEM General powers of commissioner. 161.202 TRUNK HIGHWAY SYSTEM Replacement of public lands. 161.241 TRUNK HIGHWAY SYSTEM Relocation of railroad tracks, acquisition of land. 161.242 TRUNK HIGHWAY SYSTEM Junk Yard Act. 161.441 TRUNK HIGHWAY SYSTEM Land acquisition agreement with others. 161.442 TRUNK HIGHWAY SYSTEM Reconveyance to former owner. 161.46 TRUNK HIGHWAY SYSTEM Reimbursement of utility. 162.09 STATE-AID SYSTEM Municipal state-aid street system. 163.02 COUNTY HIGHWAYS General powers of county board. 163.11 COUNTY HIGHWAYS Powers relating to highways. 163.12 COUNTY HIGHWAYS Alternative procedure for acquisition. 164.02 [TOWN ROADS Town roads. 164.07 TOWN ROADS Establishment, alteration, or vacation of town road. 165.07 BRIDGES Interstate bridge. r-� Joint establishment of bridge over navigable 165.09 BRIDGES stream. Minnesota Statutes Summary Display Documents 81 to 100 of 170 AI FA IC i•OPI ,00 ko Section Chapter Title Section Headnote Number 173.05 ADVERTISING DEVICES Acquisition of property. 173.17 ADVERTISING DEVICES Removal of advertising device; compensation. 193.143 ARMORIES State armory building commission, powers. 193.144 ARMORIES Site. 216B.47 PUBLIC UTILITIES Acquisition by eminent domain. 222 25 RAILWAYS; GENERAL Connection with other road. PROVISIONS 222 26 RAILWAYS; GENERAL Right-of-way over public way. �-. PROVISIONS 222.36 RAILWAYS; GENERAL Right of eminent domain in certain cases. PROVISIONS 222.63 RAILWAYS; GENERAL Abandoned right-of-way; state rail bank. PROVISIONS 237.04 TELEPHONE, TELEGRAPH, Wire crossing or paralleling utility line; TELECOMMUNICATIONS rules. 238.26 CABLE COMMUNICATIONS Subsequent taking. DEPARTMENT OF ECONOMIC Department of economic security; 268.027 SECURITY Minneapolis location; right of eminent domain. 281.39 REAL ESTATE TAX SALES, Time for redemption from tax sale REDEMPTION extended in certain cases. REAL 281.40 ESTATE TAX SALES, May redeem part of tract. REDEMPTION 300.04 GENERAL PROVISIONS State and local control; eminent domain. 300.045 GENERAL PROVISIONS Easements over private property, limitations. 300.05 GENERAL PROVISIONS City may purchase utility. 306.05 PUBLIC CEMETERIES Land acquired for cemetery purposes. 308A.201 COOPERATIVES Powers. 1308A.210 II COOPERATIVES II Telecommunication services purchasing cooperatives. 1111111 11.1111.111111 11111.11011/ Minnesota Statutes Summary Display Documents 101 to 120 of 170 • = EH ME InnaPi Section Chapter Title Section Headnote Number 327C.095 MANUFACTURED HOME PARK Park closings. LOT RENTALS 327C.096 MANUFACTURED HOME PARK Notice of sale. LOT RENTALS 340A.412 LIQUOR License restrictions; intoxicating liquor licenses. 349.12 LAWFUL GAMBLING AND Definitions. GAMBLING DEVICES 360.021 AIRPORTS AND AERONAUTICS State airport. 360.032 AIRPORTS AND AERONAUTICS Municipality may acquire airport. 360.202 AIRPORTS AND AERONAUTICS Rights same as Minnesota municipality. 368.01 TOWNS; SPECIAL PROVISIONS Powers of certain metropolitan area towns. 374.11 COURTHOUSE AND CITY HALL Duty of commission. 374.32 COURTHOUSE AND CITY HALL Joint ownership of site. 398.08 PARK DISTRICTS General powers. 398.09 PARK DISTRICTS Specific powers. 398A.04 REGIONAL RAILROAD Powers. AUTHORITIES 400.04 SOLID WASTE MANAGEMENT Solid waste management program. 416.16 PUBLIC BUILDINGS Condemnation of land for public buildings. 440.08 ACQUISITION OF PROPERTY FOR Streets and highways; acquisition of STREETS property and easements for. • 440.09 ACQUISITION OF PROPERTY FOR Condemnation proceedings. STREETS 444.26 WATERWORKS, SEWERS,DRAINS, Towns; powers; right of eminent STORM SEWERS domain. 453.54 MUNICIPAL ELECTRIC POWER Municipal power agencies;powers. 453.56 MUNICIPAL ELECTRIC POWER Eminent domain. s 11111111121111111 1111111111111 Minnesota Statutes Summary Display Documents 121 to 140 of 170 14° z 11 111 001 owl II Section Chapter Title Section Headnote Number 453A.04 MUNICIPAL GAS DISTRIBUTION Municipal gas agencies; powers. 453A.06 MUNICIPAL GAS DISTRIBUTION Eminent domain. 458.20 PORT AUTHORITIES; WATER City may condemn water- TRANSPORTATION FACILITIES covered land for slips. 458A.06 LOCAL TRANSIT COMMISSIONS Special provisions. 458A.34 LOCAL TRANSIT COMMISSIONS Property acquisition. 462.13 HOUSING,REDEVELOPMENT, Council given right of eminent PLANNING, ZONING domain. 463.152 BUILDINGS; EASEMENTS, Exercise of eminent domain. REGULATIONS,HAZARDS 463.21 BUILDINGS; EASEMENTS, Enforcement of judgment. REGULATIONS,HAZARDS 463.261 BUILDINGS; EASEMENTS, Relocation benefits. REGULATIONS,HAZARDS 465.01 RIGHTS, POWERS AND DUTIES; Right of eminent domain. MUNICIPALITIES 465.16 RIGHTS, POWERS AND DUTIES; Right of eminent domain. MUNICIPALITIES 465.29 RIGHTS,POWERS AND DUTIES; Condemnation; special MUNICIPALITIES assessments. 469.012 ECONOMIC DEVELOPMENT Powers, duties. 469.017 ECONOMIC DEVELOPMENT Housing development projects. 469.055 ECONOMIC DEVELOPMENT Powers and duties. 469.058 ECONOMIC DEVELOPMENT Industrial development districts. 469.059 ECONOMIC DEVELOPMENT Development district powers. 469.067 11ECONOMIC DEVELOPMENT Finding land is marginal is prima facie evidence. 469.089 ECONOMIC DEVELOPMENT Winona. 469.101 ECONOMIC DEVELOPMENT . Powers. 11111 1111111111111.11111111111 , Minnesota Statutes Summary Display Documents 141 to 160 of 170 n 4° Hz II RE I JP I n WA WI I Section Chapter Title Section Headnote Number 469.115 ECONOMIC DEVELOPMENT. Powers of agencies. 469.117 ECONOMIC DEVELOPMENT Eminent domain proceedings. 469.126 ECONOMIC DEVELOPMENT Authority granted. 469.131 ECONOMIC DEVELOPMENT Administration. 471.193 MUNICIPAL RIGHTS,POWERS, Municipal heritage preservation. DUTIES 471.59 MUNICIPAL RIGHTS, POWERS, Joint exercise of powers. DUTIES 471A.03 WATER OR WASTEWATER Basic authorization and related powers. TREATMENT; PRIVATIZATION 473.167 METROPOLITAN GOVERNMENT Highway projects. 473.333 METROPOLITAN GOVERNMENT Council acquisition. 473.405 METROPOLITAN GOVERNMENT Powers. 473.608 METROPOLITAN GOVERNMENT Powers of corporation. 473.609 METROPOLITAN GOVERNMENT Intermediate airports; acquisition, construction, improvement. 473.622 METROPOLITAN GOVERNMENT Existing airports; control,jurisdiction. 473H.01 METROPOLITAN AGRICULTURAL Citation policy;purpose. PRESERVES ,p y,pmP 473H.15 METROPOLITAN AGRICULTURAL Eminent domain actions. PRESERVES 501B.61 TRUSTS Income;principal; charges. 505.1793 PLATS; COORDINATES; SURVEYS Proposed local right-of--way acquisitions; filing. 508.02 REGISTRATION, TORRENS Registered land; same incidents as unregistered; no adverse possession. 508.73 REGISTRATION, TORRENS Eminent domain;reversion; vacation; new certificate. 508A.73 REGISTRATION WITHOUT COURT Eminent domain; reversion; vacation. PROCEEDINGS Minnesota Statutes Summary Display Documents 161 to 170 of 170 Page 1 of 1 1111 111111111111111111 110111111111/ Minnesota Statutes Summary Display Documents 161 to 170 of 170 I . # l U.N Section Chapter Title Section Headnote Number 515A.1-102 UNIFORM CONDOMINIUM ACT Applicability. 515A.1-107 UNIFORM CONDOMINIUM ACT Eminent domain. 515A.1-108 UNIFORM CONDOMINIUM ACT Supplemental general principles of law applicable. 515A.2-108 UNIFORM CONDOMINIUM ACT Allocation of common element interests, votes, and common expense liabilities. 515A.2-120 I UNIFORM CONDOMINIUM ACT Termination of condominium. 515B.1-102 MINNESOTA COMMON Applicability. INTEREST OWNERSHIP ACT 515B.1-107 MINNESOTA COMMON Eminent domain. INTEREST OWNERSHIP ACT 515B.1-108 MINNESOTA COMMON This chapter prevails; supplemental law. INTEREST OWNERSHIP ACT S 15B.2-107 MINNESOTA COMMON Declaration of leasehold common interest INTEREST OWNERSHIP ACT communities. 525.67 PROBATE PROCEEDINGS Agreement and sale for public purpose. http://www.revisor.leg.state.mn.us:8181/SEARCH/BASI.../Ascend%26M%3D 161%26R%3D 4/24/01 Minnesota Statutes Display Document 1 of 170 Page 1 of 1 Minnesota Statutes 2000 Display Document 1 of 170 III Il Chapter Title: SOVEREIGNTY,JURISDICTION, EMERGENCY OPERATION, GENERAL POLICIES Section: 1.047 Text: DI 1.047 Condemnation proceedings in state courts by United States. When consent to the acquisition by the United States of any land or any right or interest in land by condemnation is given by sections 1.041 to 1.048, the United States may effect condemnation in the courts of this state in accordance with the laws of this state relating to eminent(♦ indomain, or may effect condemnation in the courts of the United States as authorized by act of Congress. When consent by the Land Exchange Commission •'■ is required by section 1.041 the commission may specify which method of condemnation shall be used as a condition of its consent. HIST: 1943 c 343 s 7; 1984 c 628 art 1 s 1 i I11UUM http://www.revisor.leg.state.m.../Ascend%26M%3D1%26K%3D1.047%26R%3DY%26U%3D 4/24/01 Minnesota Statutes Display Document 95 of 170 Page 1 of 1 n � . - 1/11111111 Minnesota Statutes 2000 Display Document 95 of 170 CiP JJ +JJ Chapter Title: GENERAL PROVISIONS Section: 300.04 Text: 300.04 State and local control; eminent domain©. The state may supervise and regulate the business methods and management of a corporation referred to in section 300.03 and from time to time may fix the compensation which it may charge or receive for its services. The corporation obtaining a franchise from a city is subject to conditions and restrictions as from time to time are imposed upon it by the city. The corporation may acquire by right of ®eminent0 domain the private property necessary or convenient for the transaction of the public business for which it was formed. No street railway r" company has the right of Miandrientll vdomain within the limits of a city. HIST: (7433) RL s 2842; 1973 c 123 art 5 s 7; 1984 c 628 art 5 s 1 4110 III III III http://www.revisor.leg.state.../Ascend%26M%3D95%26K%3D300.04%26R%3DY%26U%3D 4/24/01 Minnesota Statutes Display Document 96 of 170 Page 1 of 2 Minnesota Statutes 2000 Display Document 96 of 170 III NEE Chapter Title: GENERAL PROVISIONS Section: 300.045 Text: GI 300.045 Easements over private property, limitations. (a) When public service corporations, including pipeline companies, acquire easements over private property by purchase, gift, or eminent domain proceedings, except temporary easements for construction, they must definitely and specifically describe the easement being acquired, and may acquire an easement in a width necessary for the safe conduct of their business. (b) For the purposes of this section, a public service corporation may meet the requirement of a definite and specific /�. description of an easement by: (1) including in the recorded description of the easement the specific legal reference points as to the location of the easement in relation to the corners of the specific property involved at the points the easement enters and departs from the property, the width of the easement, and each change of course as the easement crosses the property; or (2) appending to the recorded description of the easement a drawing that identifies by means of a scale or specific measurements the location of the easement in relation to the corners of the specific property involved at the points the easement enters and departs from the property, the width of the easement, and each change of course as the easement crosses the property. (c) When a question arises as to the location, width, or course of an easement across specific property and the recorded description of the easement does not include a definite and specific description of the location, width, or course of the easement by a method identified in paragraph (b) , clause (1) or (2) , the public service corporation holding the easement shall, upon written request by the specific property owner, produce and record in a timely manner an instrument that provides a definite and specific description using a method described in paragraph (b) , clause (1) or (2) . The definite and specific description must be the minimum width necessary for the safe conduct of the business of the public service corporation with respect to the language of the original easement. In the partial release or other instrument, a public service corporation may reserve: (1) the right of reasonable ingress and egress over and http://www.revisor.leg.sta.../Ascend%26M%3D96%26K%3D300.045%26R%3DY%26U%3D 4/24/01 Minnesota Statutes Display Document 96 of 170 Page 2 of 2 across the released property, provided that it shall agree to pay any damages caused by the exercise of such rights; and (2) additional conditions and restrictions permitted in the original easement. Thirty days after a public service corporation has produced and delivered to the property owner a definite and specific description, and provided that the property owner has not within 30 days responded to the public service corporation with a written objection to the terms of the property description, it may record the description and is not thereafter required to again produce or record under this section for the same property or a part of the same property. This section applies to every easement over private property acquired by a public service corporation, regardless of when the easement was acquired or created. (d) This section does not require a public service corporation to physically locate, establish, and monument by means of a land survey prepared by a licensed land surveyor the corners of the specific property involved. (e) This section does not limit direct access to a public service corporation easement in an emergency situation. The public service corporation affected by the emergency must compensate the property owner for damages caused by directly accessing the easement. HIST: 1973 c 58 s 1; 1984 c 628 art 5 s 1; 1993 c 96 s 1; 1998 •'■. c 324 s 9; 1999 c 184 s 1 00 ji 111 111 k http://www.revisor.leg.sta.../Ascend%26M%3D96%26K%3D300.045%26R%3DY%26U%3D 4/24/01 Minnesota Statutes Display Document 115 of 170 Page 1 of 1 11111111/1111111 11111111111111 Minnesota Statutes 2000 Display Document 115 of 170 Chapter Title: PUBLIC BUILDINGS Section: 416.16 Text: III 416. 16 Condemnation of land for public buildings. Any city in this state now or hereafter having a population of over 50, 000 shall have the right, power, and authority to condemn lands under the right of eminenty ®domain for sites and grounds for public school buildings, and for all other municipal or public buildings for such cities, or for any of the departments of its government, and such power and authority shall be exercised under and pursuant to the terms and provisions of chapter 117; provided that any such city shall have the right, upon the filing of the award of the commissioners provided for in chapter 117 and upon giving the notice therein required of the filing of such award, to enter upon and appropriate the lands so condemned, without the giving of any bond, but in case of such entry and appropriation, such city shall be bound absolutely to pay all damages awarded, either by the commissioners or by the court upon appeal therefrom, together with all costs and expenses adjudged against it therein, within the time specified in chapter 117. In case any such city shall appeal from the award of commissioners appointed pursuant to any such condemnation proceedings, such city shall not be required to give or file any appeal bond therein. HIST: (1492) 1907 c 291 s 1 Gi 'Ill http://www.revisor.leg.sta.../Ascend%26M%3D115%26K%3D416.16%26R%3DY%26U%3D 4/24/01 Minnesota Statutes Display Document 127 of 170 Page 1 of l Minnesota Statutes 2000 Display Document 127 of 170 ® Ill Ellin ICI Chapter Title: BUILDINGS; EASEMENTS,REGULATIONS, HAZARDS Section: 463.152 Text: [' 463.152 Exercise of eminent"' ['domain['. Subdivision 1. Purpose, public interest. In order to maintain a sufficient supply of adequate, safe, and sanitary housing and buildings used for living, commercial, industrial, or other purposes or any combination of purposes, it is found that the public interest requires that municipalities be authorized to acquire buildings, real estate on which buildings are located, or vacant or undeveloped real estate which are found to be hazardous within the meaning of section 463.15, subdivision 3, and the acquisition of such buildings and real estate is hereby declared to be a public purpose. Subd. 2. Acquisition; procedure. In furtherance of the public policy declared in subdivision 1, the governing body of any city or town may acquire any hazardous building, real estate on which any such building is located, or vacant or undeveloped real estate by ['eminent[' ['domain in the manner provided by chapter 117. HIST: 1974 c 341 s 3; 1976 c 2 s 140 40 It] II III 111 http://www.revisor.leg.st.../Ascend%26M%3D127%26K%3D463.152%26R%3DY%26U%3D 4/24/01 Minnesota Statutes Display Document 128 of 170 Page 1 of 1 Minnesota Statutes 2000 Display Document 128 of 170 III III 111 Chapter Title: BUILDINGS; EASEMENTS,REGULATIONS,HAZARDS Section: 463.21 Text: LI 463.21 Enforcement of judgment. If a judgment is not complied with in the time prescribed, the governing body may cause the building to be repaired, razed, or removed or the hazardous condition to be removed or corrected as set forth in the judgment, or acquire the building, if any, and real estate on which the building or hazardous condition is located by eminent© domain as provided in section 463.152. The cost of the repairs, razing, correction, or removal may be: a lien against the real estate on which the building is located or the hazardous condition exists, or recovered by obtaining a /—■ judgment against the owner of the real estate on which the building is located or the hazardous condition exists. A lien may be levied and collected only as a special assessment in the manner provided by Minnesota Statutes 1961, sections 429.061 to 429.081, but the assessment is payable in a single installment. When the building is razed or removed by the municipality, the governing body may sell the salvage and valuable materials at public auction upon three days' posted notice. HIST: 1965 c 393 S 7; 1974 c 341 s 4; 1989 c 328 art 3 s 3 111 11 III all http://www.revisor.leg.sta.../Ascend%26M%3D 128%26K%3D463.21%26R%3DY%26U%3D 4/24/01 Minnesota Statutes Display Document 129 of 170 Page 1 of 1 11111 1111111111111111.1111.11. , Minnesota Statutes 2000 Display Document 129 of 170 a _ a iti NEE iii 4_, Chapter Title: BUILDINGS; EASEMENTS,REGULATIONS,HAZARDS Section: 463.261 Text: DI 463.261 Relocation benefits. Notwithstanding the provisions of section 117.56, or any other law to the contrary, all acquisitions of buildings and real estate upon which buildings are located by governmental subdivisions pursuant to the exercise of the power of eminent© domain as provided in section 463.152 shall be acquisitions for the purposes of sections 117.50 to 117.56. HIST: 1974 c 341 s 5; 1976 c 2 s 141 Q0 II 4ii a 111 III 111 CI http://www.revisor.leg.st.../Ascend%26M%3D 129%26K%3D463.261%26R%3DY%26U%3D 4/24/01 Minnesota Statutes Display Document 130 of 170 Page 1 of 1 1111 111111.11.1111.11101111111. Minnesota Statutes 2000 Display Document 130 of 170 d dij 1111111111111111 111-11 Chapter Title: RIGHTS, POWERS AND DUTIES; MUNICIPALITIES Section: 465.01 Text: Ill 465.01 Right of eminent® ®domain®. All cities may exercise the right of eminent Mkkmmdals for the purpose of acquiring private property within or without the corporate limits thereof for any purpose for which it is authorized by law to take or hold the same by purchase or gift and may exercise the right of ®eminent© ©domain for the purpose of acquiring a right of way for sewerage or drainage purposes and an outlet for sewerage or drainage within or without the corporate limits thereof. The procedure in the event of condemnation shall be that prescribed by chapter 117, or that prescribed by the charter of such city. HIST: (1829) RL s 766; 1917 c 424 s 1; 1973 c 123 art 5 s 7 • I I http://www.revisor.leg.sta.../Ascend%26M%3D 130%26K%3D465.01%26R%3DY%26U%3D 4/24/01 Minnesota Statutes Display Document 131 of 170 Page 1 of 1 1111111.11111 11111/1111111111 Minnesota Statutes 2000 Display Document 131 of 170 Ili] Ill III IIII 111 Chapter Title: RIGHTS,POWERS AND DUTIES;MUNICIPALITIES Section: 465.16 Text: IE 465.16 Right of eminent vdomainv. In the event that the chief governing body, city council or board of park commissioners of such city shall exercise such right by condemnation such body may do so under any laws provided for the condemnation of real property or ®eminent® ®domain® or under any provision of the charter of such city granting to such body the right of condemnation or MleminentW ®domain; or, it being for the best interests of such city, such chief governing board, city council, or board of park commissioners shall have the power and authority to acquire the rights by purchase, /'■ taking into consideration the present worth of such right to exemption and the probability or improbability that such exemptions would ever be used as an offset to future assessments for benefits. HIST: (1541-2) 1931 c 385 s 2 '"- 1111 http://www.revisor.leg.sta.../Ascend%26M%3D 131%26K%3D465.16%26R%3DY%26U%3D 4/24/01 Minnesota Statutes Display Document 132 of 170 Page 1 of 1 1111111111111111. I Minnesota Statutes 2000 Display Document 132 of 170 111 IC] 11111111111 Oil Chapter Title: RIGHTS,POWERS AND DUTIES;MUNICIPALITIES Section: 465.29 Text: III 465.29 Condemnation; special assessments. The power of eminent ['domain and the power to levy special assessments for benefits are hereby delegated to such cities for the purposes of sections 465.26 to 465.48, to acquire the lands and rights needed or any of them, to be exercised as follows. HIST: (1512) 1905 c 18 s 4 http://www.revisor.leg.sta.../Ascend%26M%3D 132%26K%3D465.29%26R%3DY%26U%3D 4/24/01