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House of Representatives DFL Caucus Research Department Room 248-E State Office Building 651/296-5319 Memo June 14, 2006 To: Rep. Mindy Greiling From: Brad Kelly, Research Consultant, House DFL Caucus Research, 651/296-5319 Subject: Eminent Domain Reason for mv memo Mindy, Mary J. Murphy forwarded an email to me, stating that you wanted to know how the new eminent domain law (2006 Minnesota Session Laws Chapter 214) affects the Twin Lakes development project in Roseville. I called Jamie Radel, the Roseville city economic development coordinator (651/490-2241) and was told that the Roseville city council certified the TIP district for the project on June 20, 2005. Thus, it appears to me that the new eminent domain law would not affect this project--since the project has a certified TIP district prior to the requirements contained in the new law (2006 MN Session Laws Chapter 214, section 22; here is a link to the SF 2750 conference report: http://www.revisor.leg.state.mn.uslbinlb ldbil1. pho ?bil l=ccrsf2 7 5 0 .html&session= ls84.) Answer to vour question To be sure, I forwarded your question to House Research counsel (Deb Dyson, 651/296-8291) and here is her response: "The new law is phased in for TIP related projects. For qualifYing takings for TIP, if the taking is begun before Feb. I, 2008, it is exempt from all of the new law provisions. If it is begun after Feb. 1,2008, it is exempt only from the public use definition. One way a TIP district quallfies for the exemptions above is if it was certified by Feb. I, 2006 and begins the condemnation within five years. Another way the Roseville district may qualifY is if the developer acquired property by May I, 2006 in reliance on a contract with the condemning authority, there is no time limit in which to begin the condemnation. This is a little complex - the Act summary for chapter 214 spells it all out." More information from the House Research summary regarding the new eminent domain law's effective date In general, the new law is effective May 20, 2006, and applies to eminent domain proceedings commenced on or after that date. Right of first refusal applies to disposition of property acquired by eminent domain on or after May 20, 2006. Exceptions: (I) Certain acquisitions in tax increment financing or abatement areas as described below; (2) A highway project selected for federal funding by an area transportation partnership or metropolitan plamling organization ifthe taking is begun on or before January 15, 2007; and (3) A plarmed shelter for homeless persons in Miffileapolis, if the taking is begun by May 20,2008.