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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 />TIF and abatement area effective dates: <br /> <br />For qualifYing condemnation actions (described below), the effective date phases-in the new eminent <br />domain rules as follows: <br /> <br />, Takings begun by February I, 2008, are exempt from all of the new rules. <br /> <br />, , Takings begun after February 1,2008, are exempt from the new restrictions on public use, <br />but are subject to the other changes in the act (e.g., the potential to pay compensation for going <br />concern value, attorneys fees, etc.). <br /> <br />TIF proiects. To be grandfathered in, a TIF plan must be approved by the city by February I, 2008 and must <br />identify the property as intended to be acquired. (Under MillOesota Statutes, section 469.175, subdivision I, <br />clause (2), a TIF plan must list the properties that development authority intends to acquire.) In addition, <br />one of three conditions must be satisfied: <br /> <br />I. The developer acquired property by May 1, 2006 in reliance on a contract with the condemning <br />authority to condemn other property for the project. Note: There is no specific time limit on when <br />these actions must be brought, aside from those listed above. <br /> <br />2. The condemning authority issued bonds (or entered a contract to issue bonds) to finance the project <br />and begins the condemnation action within 2 years after issuing the bonds. <br /> <br />3. The TIF district was certified by February 1,2006 and the condemnation action is begun within 5 <br />years after certification of the TIF district. Certification occurs after the TIF approval process by <br />filing a request for certification with the county auditor. It can occur as soon as a few months after <br />plan approval or a year or more later, depending upon when the authority requested certification <br />and how quickly the county processed the request. This 5-year period corresponds to the rule under <br />the TIF Act that allows the same period for completing in-district expenditures. MillO. Stat. S <br />469.1763, subd. 3. <br /> <br />TIF districts authorized bv special laws (paragraph (b), clause (3)). A special law authorizing creation of a <br />TIF district must have received local approval or become effective before February 1, 2006. The <br />condemning authority must start the eminent domain action by the time period permitted under the 5-year <br />rule, but not to exceed 10 years if the special law allows a longer period. <br /> <br />Economic development abatement projects (paragraph (b), clause (4)). Similar to the TIF <br />exemption under clause (3), the condemnation action must be started by February I, 2011 and at <br />least one of the political subdivisions must adopt the abatement resolution before February 1, <br />2006. <br />
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