2006_0612_Packet - Laserfiche WebLink

Home

S.E No. 2750, Sth Engrossment - 84th Legislative Session (2005-2006) Page 6 of 13 7.12 Subd. 2. Public hearing: vote bv local aovernment ��ing.]��d�. �a� LF 7.13 the takina is for the rnF#i��ti�� F �, bliahied area, remediation of an environmentally 7.14 contaminated area, reducing abandoned pr�pert�r, �r removing a public nuisance, a public 7.15 hearinq must be held before a local government or f�r,�l ��rr�me+�t agency commences 7.16 an eminent domain proceedina under section 117.055. The local qovernment must 7.17 notify each owner of praper�y that may be acquired in writing by certified mail of the 7.18 public hearinq on the pro osed taki 7.19 government's Web site, if any. and publish notice of the public hearinq in a r�ew�pa�r 7.20 af general circulatinn in the local aavernm�ni's iurisdiction. Notice rn�� b� �r�vid�d at 7.21 least 30 davs but not more than 60 davs before the hearing, 7.22 �� r��} interested person must be allowed reasonable time to �r�s$nf relevant 7.23 testimony at the public hearing..._The proceedinas of the hearinq must be recorded and 7.24 available to �h� �u�a�� F�r re�ri�w � r�d ✓,�rr7rr��r71 �i r�asor��le times and a reasonable place. 7.25 At the nexi re��lar m�etinq of the [acaf ��r�rr�m�n� �h�1 �� at. least 30 days after the �au�li� 7.26 hearir�g,_�he local qovernment must vote on the auestion of whether to a�?lf�ri�� kh� �cd; 7.27 qov�rnmeni or local government aa�ncv to use eminent domain to acquire the propertv. 7.28 Subd. 3. Resolution. If t}��_�a4�r�g is for the mitigation of a blighted area,. 7.29 remediation of an environmentallycontaminated area, reducinq abandoned �r�rl�, �r 7.30 removing a public nuisance, then the resolution of a Eoca[ government or local government 7.31 �encv authorizinq the use of eminen� domain must: 7.32 �1} identify and d�s�r�� he p��l�� si� and benefits that are known or expeeted 7.33 to result from �h� pr��ram ar �r�j��k f�r v�hi�h �h� ��p�r�y_interest is proposed to be 7.34 acquired: and 8.1 .(2�_address how the acquisition of the pro��r interest serves one or more identified 8.2 public uses or public purposes and why the acquisition of the property is needed to 8.3 accamplish those public �s�s or p�ab�� ur�oses. �.� Sec. 7. Minnesota Statutes 2004, section 117.055, is amended to read: �.� 117.055 PETITION AND NOTICE. �.� Subdivision 1. Petition. In all cases a petition, describing the desired land, stating by �.7 whom and for what purposes it is proposed to be taken, and giving the names of all persons �.� appearing of record or known to the petitionerto be the owners thereof shall be presented �.� to the district court of the county in which the land is situated praying for the appointment �.1� of commissionersto appraise the damages which may be occasioned by such taking. � 17 Subd. 2. Notice. .(a�_Notice of the objects of the petition and of the time and place of � 1� presenting the same shall be served at least 20 days before such time of presentation upon � 13 all persons named in the petition as owners as defined in section 117.025, subdivision 3, 8.1� and upon all occupants of such land in the same manner as a summons in a civil action. 8.h 5�b� The notice must sfate t�afi.: �.7� �} a�arty wishina to challenqe the public use or public purpose, �t@C@SStfV.� or 8,7 7 authority for a takin_ mq ust a�pear at the court hearinq and state the obiection or must 8.78 �pea� within 60 da�ys of a court order; and 8.19 .(2 a court order appravinc� the ��bfic use or public purpose, necessity, and authority �.�0 for the takinq is final unless an a�pea) is brought within 60 days after service of the 8.�� order on the party_ hklp;l� w�►�vr.�'a�r-�c�.�ta�. mn_u��'b�in� hkJb�� E_phF?h� EHS2� 5�.5.�i��9&��ai�rr�B�L��xrre,�-1 C�r��