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S.F. No. 2750, Sth Engrossment - 84th Legislative Session (2005-2006) Page 6 of 13 7.12 Subd. 2. Public hearinq; vote by local aovernment governir�g body. 1� �� 7.13 the takina is for the mitiqation of a bliqhted area, remediation of an environmentally 7.14 contaminated area. r�ducinc� abandoned �rot��riv, or removinq a public nuisance, a public 7.15 hearinq must be held before a local aovernment or local qovernment aqencv commences 7.16 �r� eminent domain qroceedinr� under section 117.055. The local aovernment must 7.17 notifv each owner of property that rnav be acquired in writinq bvi certified mail of the 7.18 public hearina on the proposed takina, post the public hearinq information on the local 7.19 government's Web site, if �rrY, and publish notice of the public hearinq in a news��er 7.20 of aeneral circulation in the local aovernment's iurisdiction. Notice must be provided at 7.21 least 30 davs but not more than 60 days before the hearina. 7.22 {�} Anv interested person must be allowed reasonable time to present relevant 7.23 tesfiimonv at the public hearing. The proceedin� of the hearinq must be recorded and 7.24 available to the ��bli� for review and comment at reasonable times and a reasonable place. 7.25 At the next reaular meetina of the local qovernment that is at least 30 davs after the public 7.26 hearinq, the local qovernment must vote on the auestior� of whether to authorize the local 7.27 government or ioca�c c�vernment ac�cy to use eminent domain to acquire the propertv. 7.28 Subd. 3. Resolution,. If the takinq is for the mitiaation of a bliqhtecf area, 7.29 remediation of an enWironmentally contaminatec� area, reducina abandoned propertv, or 7.30 removinq a public nuisance, then the resolution of a local qovernment or local qovernment 7.31 aqencv authorizina the use of eminent domain must: 7.32 �1� identify and describethe public costs and benefitsthat are known or expected 7.33 to result from the pra�rarr� or proiect for which the pro y i i be 7.34 acquired; and 8.1 f2} address how the,acquisition of the pro�erty interest serves one or more identified 8.2 public uses or public purposes and whv the acquisition of the property is needed to 8.3 accomplish those public uses or public purposes. �.� Sec. 7. Minnesota Statutes 2004, section 117.055, is amended to read: �,� 117.055 PETITION AND NOTICE. 8,� Subdivision 1. Petition. In all cases a petition, describingthe desired land, stating by 6.7 whom and for what purposes it is proposed to be taken, and giving the names of all persons 8_8 appearing of record or known to the petitioner to be the owners thereof shall be presented B_9 to the district court of the county in which the ianc� is situated praying for the appointment 8_7� of commissioners to appraise the damages which may be occasioned by such taking. �$_1 t Subd. 2. Noti�e. (�) Notice of the objects of the petition and of the time and place of �.� � presenting the same shall be served at least 20 days before such time of presentation upon �.1 � all persons named in the petition as owners as defined in section 117.025, subdivision 3, 8 7� and upon all occupants of such land in the same manneras a summons in a civil action �.7 �(b) The notice must state that: 8. �6 �'f a par�y wishina to chall�r�qe the public use or public purpose, necessitvLor �. t7 authoritv for a i�kii7� must a�pear at the court hearinp and state the objection or must 8. 38 a�p.gal within 60 davs of a court order; and 8.19 �� a court order ap roving the public use or public q�arpos�, necessitv. and authority 8.20 for the takinq is final unless a_n...a_ppea! is brouahtwithin 60 da�,� after service ai..;�,� 8.21 order on ��rt� p�f��, ...... ... .. . . k .... . . . .; . . � .._.. . �1�....�: ..... ... .. . . ... .. .. . .. ..... .... . . 4�ttn �?,`�v��+r.�e��isnr.l �i�.. L'd��.1hCY_U$��ifl�L7C��] �� •T1�] �bl�l-�� - �kkm I ��CSS,ioFi=ls��i�prini=l ��