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A N ID, M 01 R G A N <br />June 12, 2008 <br />Page 2 <br />(1) the possession, occupation, ownership, and enjoyment of the <br />land by the general public, or- by pubil ic agencies, <br />(2), the creation or functioning of a public service corporation; or <br />(3) mitigation of a blighted area, remediation of an <br />envirwimentalty contaminated area, reduction of abandoned- <br />property, or removal ofa public nuisance. <br />(b) The public benefits of economic development, including an <br />increase in tax-base, tax revenues, employment, or general <br />economic health, do not by themselves constitate a public Use for <br />public purpose. <br />The definition of'a "blighted area" has been significantly altered so as to primarily allow the use <br />of eminent domain within blighted areas only for the purpose of removing structurally <br />substandard buildings. See Subd. 6. The new statute, specifically authorizes the use of eminent <br />doinain to renmediate an "environmentally contaminated area." See Subd. S. <br />The effective dates for the new limitations on the power of eminent domain were intended to <br />phased in over time. See Laws, Chapter 214, § 22, entitled"Effective Date." Paragraph (a) o <br />§ 22, provided the act was "effective the day following final enactn-ient and applies to actions <br />clommenced on, or after that date." The bill was signed, by the governor on May 19, 2006, <br />whiereby the act became effective as of May 20, 2006. Because the City's earlier Petition was <br />filed in April 2006, the ear ier action had been "clommenced" before the effective date of the <br />201106 changes. <br />There were two exceptions to the May 20, 2006 effective date. The first of these exceptions was <br />set forth in paragraph (b) of § 22, and provided as follows: <br />(b) Notwithstanding paragraph (a), the provisions of this act do not apply to <br />actions commenced on or before February 1, 21008, for a project that satisfies oriff <br />of the following conditions., <br />(1) with respect to property identified as 'Intended to be acquired in a tax. <br />increment financing plan, as approved by the municipality by February 1, 2006, if <br />the condemning authority has satisfied <br />ed one or more of the following conditions n <br />c,oitmection with. the tax increment financing plan: <br />