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'Pl <br />June lZ 2008 <br />Roseville City Council <br />City olfRoseville <br />2660 Civic Center Drive <br />Roseville, MN 55113 <br />2200 IDS Center <br />80 South 3-th Street <br />Minneapolis MN 55402-2157 <br />let 12.977:84 00 <br />fax 12,97 X650 <br />Attachment C <br />Marc J Manderscheid <br />612.977.8280 <br />=ianderscheld@briggs.com <br />Re* City of Roseville's Authority to use E,m nent Domain for Acquisitions within <br />TIC' District No. 17 <br />The City of Roseville has the power of eminent domain pursuant to Minn. Stat. § 465.01 and <br />4691.055(8), to be exercised in accordance with the provisions of Minn. Stat. Chapter 117. On <br />June 20, 21005 the City adopted a Restated Development Program for Development District No. <br />1. Also created, that same day were Tax Increment District No. 17 and Tax Increment Subdistrict <br />No. 17A, The boundaries for these Tax Increment Financing ("TIF") Districts encompassed an <br />area in the western section of the City known as the Twin Lakes Redevelopment Project Area, <br />See Ex., 17-A and 17-B to Tax Increment Financing Plan for Tax Increment Financing District <br />No. 17'. <br />On, December 19, 210,05, the City adopted Resolution No. 10367, which authorized the City to <br />acquire certain properties, within the Twin Lakes, Redevelopment Project Area by use of the <br />city 31 s Power of eminent domain. In April 20016, the City filed a. Petition with the Ramsey <br />County District Court seeking to acquire fee title to, several parcels within TTF District No, 17. <br />The Petition was granted, on June 12, 20W 'The City has subsequently dismissed the Petition. <br />'The q1.1iestion you have asked Briggs and Morcran to, co-'asider is whether, following several <br />amendments to Minnesota Statutes Chapter 117, doles the City still have the authority to acquire <br />properties within the boundaries of TIF District No.17 through exercise of the City's power of <br />. ?I <br />eminent domain . <br />In, 2006, the Minnesota le i.slature adopted Minnesota Laws, Chapter 214, which made a number <br />of changes to Minnesota Statutes, Chapter 117. Some of the more significant changes to Chap-ter <br />117 are found in amended Section 117.025, which provides the "definitions" for several terms <br />used in the amended statute. For instance, § 117.,0125, ubd. 11, now provides as follows.- <br />Public Use; Public Purpose. (a) "Public use" or. "public purpose" <br />:means, l exclusivelyi <br />Briggs and Morgan, Professional Association <br />Min"Papolls I St- Paul 1 wwwbriggs-com <br />Mernber - Lox. Mund(, a Global Assodatbn of Indepenclent Law Rfms <br />
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