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2006_0612_Packet
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2006_0612_Packet
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3. In which cited violations have not been remedied after two notices to cure noncompliance; <br />and <br />4. Where the cost to cure the violations is more than 50 percent of the assessor's taxable market <br />value for the building (excluding land value). <br />Authorizes a local governmentto seek an administrativesearch warrantto gain access to inspect <br />a building upon a showing of probable cause that a specific code violation has occurred, that the <br />violation has not been cured, and that the owner has denied the local government access to the <br />property. Items of evidence that may support probable cause may include recent fire or police <br />inspections, housing inspections, exterior evidence of deterioration, or other similar reliable <br />evidence of deterioration. <br />Environmentally contaminated area. Defines "environmentally contaminated area" as an area <br />where more than 50 percent of the parcels contain contamination and the estimated costs of <br />investigation, monitoring and testing, and remediation are more than the assessor's estimated <br />market value of the parcel, or in which the owner has not complied with a court order requiring <br />cleanup or remediation within a reasonable time. <br />Abandonedproperty. Defines "abandoned property" as property that has been unoccupied or <br />unused for at least 1 year; that has not been maintained; and for which taxes have not been paid <br />for at least the previous 2 years. <br />Public nuisance. Refers to Minnesota Statutes 609.74 as the definition of "public nuisance" for <br />eminent domain purposes. <br />Assemblage restrictions. Prohibits the taking of non-structurally substandard buildings and no�- <br />contaminated parcels unless there is "no feasible alternative" in order to remediate blight or <br />contamination in the area and all possible steps are taken to minimize the taking of �o�- <br />structurally substandard buildings or non-contaminated parcels. <br />Evidentiary standarc� Takings to mitigate a blighted area, remediate an environmentally <br />contaminated area, reduce abandoned property, or remove a public nuisance require a <br />preponderance of evidence showing if challenged 'm court. Provides that a court order approving <br />the public purpose, necessity, and authority for a taking is final unless an appeal is brought <br />within 60 days. <br />New Procedural Provisions* <br />The new law contains several changes to the eminent domain process prescribed in Minnesota <br />Statutes, chapter 117, including the following: <br />Appraisal and negotiation. Modifies the appraisal and negotiation requirements in Minnesota <br />Statutes 117.036 that currently apply for transportation purposes and applies these requirements <br />Public s�rvice corporations are exempted fr�m tk�e increased appraisal reimbursement caps, the new public notice <br />and hearing requirements, and the use of administrative lawj udges for arbitrating relocation benefit disputes. <br />Page 2 May 19,2006 <br />
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