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3. In which cited violations have ��ot been remedied after two notices to cure noncompliance; <br />and <br />�, Where the cost to cure the violations is more than 50 percent of the assessor's taxable marlcet <br />value for the building (excluding land value). <br />Authorizes a local government to seek an administrative search warrant to 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. �#ert�s 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 />E�av�ra�t�nentally �o�tta��itaated 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 re�n�diat�oi� are more than the assessor's estimated <br />marlcet value of the parcel, or in which the owner has not complied wiil� a court order requiring <br />cleanup or remediation within a reasonable time. <br />Abandonedproperty. Defines "abandoned �ro��rty°' as prope�fiy that has beei� 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 talcing of non-structurally substandard buildings and nor�- <br />contaminated parcels unless there is "��o feasible alternative" in order to remediate blight or <br />contamination in the area and all possible steps are talcen to minimize the talcing of non- <br />structurally substandard buildings or non-contaminated parcels. <br />Evidentiary standarc� Talcings 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 in court. Provides that a court order approving <br />the public purpose, necessity, and authority for a talcing 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 service corporations are exempted from the increased appraisal reimbursement caps, the new public notice <br />and hearing requirements, and the use of administrative law j udges for arbitrating relocation benefit disputes. <br />Page 2 May 19,2006 <br />