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<br />1 the immunity (e.g. state trails over municipal utility easements) and vicarious official . <br />2 immunity. <br />3 <br />4 SD-ll. Private Property Rights and Takings (RS) <br />5 <br />6 Issue: The Legislature has been introducing an increasing number of bills designed to <br />7 diminish or control local governments' abilily to exercise traditional planning and zoning <br />8 authority and eminent domain powers. Legislation to control cities' abilities to perform <br />9 regulatory acts--such as road rights-of-way condemnation, shooting range zoning, and <br />10 amortization--received strong support from legislators. In addition, bills have been introduced to <br />II codify the property rights section of Minnesota' s Constitution. <br />12 <br />13 The federal swamp buster/sod buster programs, the Army Corps of Engineers' dredge <br />14 and fill programs, and the state's Wetlands Conservation Act and Community Based Planning <br />15 Act appear to be the nexus for much of the property rights and takings legislation. <br />16 <br />17 The League supports local governments' ability to balance the rights of private <br />18 landowners with the interest of the public. However, the League is concerned various legislative <br />19 initiatives will adversely impact cities in three ways. First, such legislative initiatives undermine <br />20 the fundamental authority of cities to protect the public health, safety, and welfare of its citizens. <br />21 Second, if the Legislature acts to codify part of the Minnesota Constitution, an argument may be <br />22 made that the Legislature intended to create new causes of action against cities. This would . <br />23 encourage more lawsuits and expose cities to the expense of defending those cases. Third, by <br />24 changing the state's eminent domain law, including "quick take" provisions, municipal <br />25 condemnation will become more costly and take longer to conclude. <br />26 <br />27 Response: The League encourages the state and federal governments to improve <br />28 their regulatory programs by eliminating property rights issues that were caused by the <br />29 adoption of such laws as the Wetlands Conservation Act or the swamp buster/sod buster <br />30 programs. The League opposes legislation that diminishes the ability of cities to act in the <br />31 best interests of the health, safety, and welfare of its citizens, that increases the cost of <br />32 doing business for the public good, or that creates the possibility of additional lawsuits <br />33 against cities. <br />34 <br />35 SD-12. Election Issues (AH) <br />36 <br />37 Issue: At a time when state policy-makers are considering election reforms, it is <br />38 important to address the role of cities in administering state election law and conducting absentee <br />39 balloting and voting activities. <br />40 <br />41 Response: In view of the importance of improving the efficiency and responsiveness <br />42 of local election administration, the League recommends the Legislature: <br />43 <br /> <br />44 . Support enhancements to the state Voter and Election Management System (VEMS) to . <br />45 give cities direct view access to VEMS. <br />46 . Allow eligible voters who are not affiliated with political parties to serve as election <br />47 judges. <br /> <br />26 <br />