|
R I G G M 0 R G A N
<br />S A N ID
<br />,June 12, 200i��,
<br />rage 4
<br />N,.W.2d 813, 817 (191,510), Thus, if a body with the plower of eminent domain net any one of the
<br />four, prerequisites, (b) (1), (2), (3), or (4), it could, proceed to use the power of eminent domain
<br />under the language of the prior statute.
<br />The City met the requirements set forth in subparagraph (b)(2). On June 20, 2.00 5, the City
<br />adopted a, Restated Development Program for Development District No. 1, created Tax
<br />ry
<br />increment Financing District No. 17 within Development Dli'stnct No. 1, and adopted and, added
<br />its Tax Increment Financing Plan for Tax Increment Financing District No 17 to the
<br />Development Program. The City filed its request for certification of TIF District No. 17 on June
<br />2`005 and the Certification was granted on Septle-iriber 30 2005, wh%..11eb,%y T'IF Distriet No. 17
<br />W
<br />was "certi.fieid" on September 30, 2005. The certification date for TIF District No. 17 was four
<br />months prior to the statutory cut-off date of Febmary 1, 2006.
<br />Paragraph,. "D" of the Plan for TIF District No. 17 provides, '"The City may acquire any of the
<br />parcels illustrated on Exhibit 1 -A by gift, dedication,, condemnation or direct purchase from
<br />willing sellers in order to achieve the objectives, of the Development Program or the TIF
<br />District,." We presume that there was a typographical. error in paragraph "D'-' and that the
<br />reference to "Exhibit I-,A" was intended to be a reference to "Exhibit 17-All, since all. of the
<br />exhibits to the, TIF Plan for District No. 17 begin with the designation "17." Exhibit 17-A is a
<br />listing of property identification numbers under the heading "Parcels to be Included." The listing
<br />of parcels includes al.1 plarcels located within, the boundaries of TIF Distri'a No. 17, "including all
<br />roads, casements, rights of way, and adjacent streets.",' Thus,, the City satisfied the second clause
<br />of subparagraph (b)(2), in that all of the parcels in TIF District No. 17 are identified, as '"property
<br />intended to be acquired."
<br />Finally, subparagraph (b)(2) also requires the condemning authority to commence the action
<br />within five years after certification of the district. Siince TIF District No. 17' was not certified
<br />until September 30, 2,005, the five year time period under the final clause of subparagraph (b)(2)
<br />will not expire until September 30, 2010.
<br />Thus, had the City comnienced (served a notice of the petition under Mirtn. Stat. § 117.055) an
<br />action. (a condemnation or eminent domain proceeding or action), on or before February 1, 2008,
<br />it would have met, all of the requirements of Mimiesota Laws, Chapter. 21.4, Sec, 22 (b)(2), and
<br />would have been able to proceed to acquire property within TIF District No. 17 by use of its
<br />power ofeminent. dornain entirely under the fonner provisions of Minn. Stat. Ch. 117.
<br />The legislature also adopted a second, partial, exception to the effective date set forth in
<br />paragraph (a). 'This second exception is set forth in Minn. Laws, Chapter 214, § 22, paragraph
<br />(c), which provides as follows:
<br />(c) Notwithstanding paragraphs (a), and (b), actions commenced
<br />after February 1, 2008, that satisfy the requirements of paragraph
<br />
|