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CC_Minutes_2006_0717
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CC_Minutes_2006_0717
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7/17/2007 9:39:00 AM
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8/2/2006 2:38:27 PM
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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 />1111 <br /> <br />12 12 <br /> <br />1313 <br /> <br />14 14 <br /> <br />15 <br /> <br />16 <br />17 <br />18 <br /> <br />19 <br /> <br />20 <br /> <br />21 <br />22 <br /> <br />effective date to require removal of the nonconforming use as a condition or prerequisite. <br />Compensation for loss of going concern. Provides the owner of a business or trade compensation <br />for loss of going concern related to taking of real property. Provides that the claim can be avoid by <br />the condemning authority upon a showing by a preponderance of the evidence that the loss is not <br />due to the taking, the loss could have been avoid with reasonable measures, or that the going <br />concern compensation would duplicate compensation otherwise being awarded. Requires the <br />owner to give the condemning authority notice of intent to seek compensation for loss of going <br />concern within 60 days of the first court hearing on whether the proposed taking is for a public use <br />and necessary. <br /> <br />Provides for compensation to a business owner for a permanent loss of a majority of the businesses <br />driveway access that results in revenue losses. Provides for how revenue losses are to be <br />calculated. <br />Minimum compensation. Requires compensation to allow the owner to purchase a comparable <br />property in the community and not less than the quick take payment or deposit, as long as it does <br />not duplicate compensation otherwise awarded. <br />Limitations. Prohibits a condemning authority from requiring an owner to accept as compensation <br />a substitute property or return of property taken. <br />Public service corporation exceptions. Provides that the provisions for attorneys' fees (section <br />Error! Reference source not found.), appraisals (section 5), requirements to challenge the public <br />use, necessity or authority for a taking (section 7), compensation for loss of going concern (section <br />Error! Reference source not found.), minimum compensation (section 12), limitations (section <br />Error! Reference source not found.), and reestablishment and relocation benefits (sections 18 <br />and 19) do not apply to public service corporations. Caps appraisal fee reimbursement at $500. <br />First right of refusal. Requires property acquired by condemnation that was not used and is no <br />longer needed to be offered back to the person from whom it was acquired, if the person can be <br />located, at the lower of the original price or the current fair market value. Applies to property <br />acquired in an eminent domain action commenced on or after May 20,2006 (see section 22). <br />Exempts various transportation-related statutes from this section. <br />Cooperation with federal authorities. Conforming amendment related to section 18. <br />Lack of federal funding. Technical. <br />Reestablishment costs limits. Requires the acquiring authority to reimburse a displaced business <br />for expenses actually incurred in reestablishing the business, up to a maximum of $50,000 (prior <br />law permitted but did not require this). <br />Relocation assistance amount determined by administrative law judge. Requires relocation <br />assistance to be determined by an administrative law judge under a contested case proceeding if <br />the displaced person does not accept the condemning authority's offer. Requires the acquiring <br />authority to pay costs of the proceedings (does not include attorney fees). <br />Revisor's instruction. Directs the Revisor to change "right of eminent domain" to "power of <br />eminent domain" in statutes and rules. <br />Repealer. Repeals statute that is replaced by section 1. <br />Effective date. In general, effective May 20, 2006, and applies to eminent domain proceedings <br />commenced on or after that date. Right of first refusal applies to disposition of property acquired <br />by eminent domain on or after May 20, 2006. Exceptions: <br /> <br />(1) Certain acquisitions in tax increment fmancing or abatement areas as described below; <br /> <br />(2) A highway project selected for federal funding by an area transportation partnership or <br />metropolitan planning organization if the taking is begun on or before January 15,2007; and <br /> <br />(3) A plarmed shelter for homeless persons in Minneapolis, if the taking is begun by May 20,2008. <br />
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