CC_Minutes_2006_0717 - Laserfiche WebLink

Home

1111 12 12 1313 14 14 15 16 17 18 19 20 21 22 effective date to require removal of the nonconforming use as a condition or prerequisite. Compensation for loss of going concern. Provides the owner of a business or trade compensation for loss of going concern related to taking of real property. Provides that the claim can be avoid by the condemning authority upon a showing by a preponderance of the evidence that the loss is not due to the taking, the loss could have been avoid with reasonable measures, or that the going concern compensation would duplicate compensation otherwise being awarded. Requires the owner to give the condemning authority notice of intent to seek compensation for loss of going concern within 60 days of the first court hearing on whether the proposed taking is for a public use and necessary. Provides for compensation to a business owner for a permanent loss of a majority of the businesses driveway access that results in revenue losses. Provides for how revenue losses are to be calculated. Minimum compensation. Requires compensation to allow the owner to purchase a comparable property in the community and not less than the quick take payment or deposit, as long as it does not duplicate compensation otherwise awarded. Limitations. Prohibits a condemning authority from requiring an owner to accept as compensation a substitute property or return of property taken. Public service corporation exceptions. Provides that the provisions for attorneys' fees (section Error! Reference source not found.), appraisals (section 5), requirements to challenge the public use, necessity or authority for a taking (section 7), compensation for loss of going concern (section Error! Reference source not found.), minimum compensation (section 12), limitations (section Error! Reference source not found.), and reestablishment and relocation benefits (sections 18 and 19) do not apply to public service corporations. Caps appraisal fee reimbursement at $500. First right of refusal. Requires property acquired by condemnation that was not used and is no longer needed to be offered back to the person from whom it was acquired, if the person can be located, at the lower of the original price or the current fair market value. Applies to property acquired in an eminent domain action commenced on or after May 20,2006 (see section 22). Exempts various transportation-related statutes from this section. Cooperation with federal authorities. Conforming amendment related to section 18. Lack of federal funding. Technical. Reestablishment costs limits. Requires the acquiring authority to reimburse a displaced business for expenses actually incurred in reestablishing the business, up to a maximum of $50,000 (prior law permitted but did not require this). Relocation assistance amount determined by administrative law judge. Requires relocation assistance to be determined by an administrative law judge under a contested case proceeding if the displaced person does not accept the condemning authority's offer. Requires the acquiring authority to pay costs of the proceedings (does not include attorney fees). Revisor's instruction. Directs the Revisor to change "right of eminent domain" to "power of eminent domain" in statutes and rules. Repealer. Repeals statute that is replaced by section 1. Effective date. In general, 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: (1) Certain acquisitions in tax increment fmancing or abatement areas as described below; (2) A highway project selected for federal funding by an area transportation partnership or metropolitan planning organization if the taking is begun on or before January 15,2007; and (3) A plarmed shelter for homeless persons in Minneapolis, if the taking is begun by May 20,2008.