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<br />House Research Act Summary <br /> <br />Chapter: <br /> <br />214 <br /> <br />Session: <br />Topic: <br /> <br />2006 Regular Session <br /> <br />Eminent domain <br /> <br />Analyst: <br />Date: <br /> <br />Deborah A. Dyson <br />May 25, 2006 <br /> <br />This publication can be made available in alternative formats upon request. Please ca11651-296-6753 <br />(voice); or the Minnesota State Relay Service at 1-800-627-3529 (TTY) for assistance. Summaries are also <br />available on our website at: www.house.mn/hrd/hrd.htm. <br /> <br />Overview <br /> <br />Effective May 20, 2006, private property may not be taken for economic development <br />alone. In addition, attorney fees must be awarded to property owners if the final award is <br />more than 40 percent greater than the last offer by the government and may be awarded if <br />more than 20 percent and less than 40 percent greater. The new law limits takings related <br />to redevelopment, provides for or increases the other elements of compensation, and <br />imposes additional procedures intended to protect property owners. <br /> <br />Sectiou <br /> <br />1 1 Preemption; public use. <br /> <br />Subd. 1. Preemption. Provides that Minnesota Statutes, chapter 117, preempts all <br />other laws, including special laws, home rule charters, and other statutes, that provide <br />for eminent domain procedures, definitions, remedies, or limitations. Allows <br />additional procedures, remedies, and limitations if they do not diminish or deny <br />substantive and procedural rights and protections of owners under chapter 117. <br /> <br />Subd. 2. Requirement of public use or public purpose. Requires eminent domain <br />to be used only for public use or public purpose. <br /> <br />Subd. 3. Exceptions. Maintains the existing exemptions for town roads, watershed <br />districts, and drainage authorities and allows them to follow procedures in other laws. <br /> <br />2 2 Definitions. <br /> <br />Subd. 1. Words, terms, and phrases (definitions). Provides that the definitions in <br />Minnesota Statutes, section 117.025 (the definition section for the chapter of statutes <br />governing eminent domain procedures) apply to any general or special law <br />authorizing the exercise of the power of eminent domain. <br /> <br />Subd. 3. Owner. Technical, clarification. <br /> <br />Subd. 4. Condemning authority. Defined as any person or entity with the power of <br />eminent domain. <br /> <br />Subd. 5. Abandoned property. Defined as property not legally occupied or used for <br />