CC_Minutes_2006_0717 - Laserfiche WebLink

Home

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