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CC_Minutes_2006_0717
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7/17/2007 9:39:00 AM
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Roseville City Council
Document Type
Council Minutes
Meeting Date
7/17/2006
Meeting Type
Work Session
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<br />3 3 <br /> <br />4 4 <br /> <br />5 5 <br /> <br />6 6 <br /> <br />7 7 <br /> <br />8 8 <br /> <br />9 9 <br /> <br />10 10 <br /> <br />Condemnation for blight mitigation, contamination remediation. <br /> <br />Subd. 1. Buildings that are not structurally substandard in areas of blight mitigation; <br />feasible alternatives. Prohibits taking buildings that are not structurally substandard unless <br />there is no feasible alternative and all possible steps are taken to minimize taking buildings <br />that are not structurally substandard. <br /> <br />Subd. 2. Uncontaminated property in environmental contamination remediation areas; <br />feasible alternatives. Prohibits taking uncontaminated property unless there is no feasible <br />alternative and all possible steps are taken to minimize taking noncontaminated parcels. <br /> <br />Subd. 3. Contribution to condition by developer disallowed. Prohibits considering blight <br />or environmental contamination caused by a developer involved in the redevelopment of a <br />blighted or contaminated area in determining whether an area is blighted or contaminated. <br /> <br />Attorney fees. Requires the court to award an owner attorneys fees and other costs oflitigation if <br />the final compensation award is 40 percent or more than the last written offer made before the <br />condemnation petition was filed or if the court determines that the taking is not for a public use or <br />is unlawful. Permits the court to award attorneys fees and other fees and costs if the final award is <br />at least 20 percent, but not more than 40 percent, greater than the last written offer. Prohibits an <br />award of attorney fees if the judgment or award is not more than $25,000. <br />Appraisal and negotiation requirements. Expands the statute relating to exchange of appraisal <br />information in transportation-related takings to include all eminent domain proceedings. Defines <br />"owner" to mean a fee owner, contract purchaser, or business lessee. Requires the acquiling <br />authority to provide the owner appraisal information at least 60 days before filing the petition, up <br />from 20 days. Makes the prior $1,500 cap on reimbursements to an owner for owner appraisals <br />applicable to single-family and two-family residential property, and minimum damage acquisitions <br />(under $10,000). Increases the cap to $5,000 for other types of property. Prohibits use of an <br />appraisal or appraiser testimony in a condemnation commissioners' hearing unless a copy of the <br />appraiser's written report was provided to the opposing party at least five days before the hearing. <br />Prohibits use of documentation of loss of a going concern unless the documentation was provided <br />to the opposing party at least 14 days before the hearing. Requires reimbursement to the owner <br />within 30 days of getting a copy of the appraisal and reimbursement information. <br />Local government public hearing requirements. Requires a public hearing after notice by a <br />local government if a taking is for blight mitigation, environmental contamination remediation, <br />abandoned property reduction, or public nuisance removal. Requires the hearing to be held before <br />the petition is filed. Requires a vote on the question of using eminent domain by the elected <br />governing body at the next regular meeting after the hearing that is at least 30 days later. Requires <br />a resolution authorizing use of eminent domain to identify costs and benefits and interests served. <br />Petition and notice. Provides that a party wishing to challenge the public use, necessity or <br />authority for a taking must appear at the court hearing and state the objection or appeal within 60 <br />days of a court order. <br />Hearing on taking; evidentiary standard. Requires a condemning authority at the hearing in <br />district court on the petition for condemnation for mitigation of a blighted area, remediation of a <br />contaminated area, reducing abandoned property, or removing a public nuisance to show by a <br />preponderance of the evidence that the taking is necessary and for the stated public use. Provides <br />that the court order is final unless appealed within 60 days. <br />Commissioners, powers, duties. Conforming amendment related to appraisal fees. <br /> <br />Compensation for removal of legal nonconforming nse. Requires a local government to <br />compensate the owner of a nonconforming use if the local government requires its removal as a <br />condition of granting a permit, license, or other approval for a use, structure, development or <br />activity. This section does not apply if the permit, license or approval is for construction that <br />cannot be done unless the nonconforming use is removed. Applies to actions on or after the <br />
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