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■ Comp...e..nsation for loss of going concern -The burden of proof is on a local governmental to show that a taking of a business will not destroy the business. The standard of proof is "preponderance of evidence" - the House bill had a "clear and convincing" standard. (Section 11) The followin� items were in the House bill but were removed in the final conference cornrni�ee report: The U of M fraternityhouse provision from Rep. Erhart although this has been adopted as part of a jobs policy bill. Prohibitionon use of eminent domain outsidethe condemning authority's�urisdict�on unless the jurisdictionin which the property is located consents. (Koenen) ■ Compensation for loss of going concern for garbage haulers. (Thissen) ■ Information on owners' rights and proceduresregarding eminent domain frt�m the AG's office (Marquart). $1"ii SUMMARY: Overview: This bill requires that a taking (through the use of eminent domain) may only be used for a public use or publzc purpose. Section 2: Definitions: The crux oft�ie bill centers on the definition of "public use and publicpurpose,"which is defined to mean: (�) The possession, occupation, ownership, and enjoyment of the land by the general public, or by public agencies; (2) The'creation or functioning of a public service corporation; or (3) Mitigation of a blighted area, remediationof an environmentallycontaminated area, reduction of abandoned properiy, or removal of a public nuisance. The public benefits of economic development, including an increase in t� base, tax revenues, employment, or general economic health, do not by themselves constitute a public use or public purpose. Section 3:Condemnation for removal of blight and contamination remediation: This allows some uncontaminated or nonbligY�ted land to be taken if there is no feasible alternative and all possible steps are taken to minimize the taking of buildings that are not structurally substandard or uncontaminated parcels are not taken. Section 4: Attorne, fT� This section is described above under the section entitled "some changes in the bill." Also, under if a court deteri7ii7ies that a taking is not for a public use, the court shall award attorney fees. Sections 5 and 6 outline the appzazsal and negotiation�rocess- Upon request, the acquiring authoritymust make available to the owner all appraisals of the property. Also, the owner of a non-residentialproperty is entitled to receive up to $5,000 to pay appraisal costs. Finally, documentation regarding a business loss of going enhc�m must be shared with the opposing party at least 14 days before the hearing. Section 7: Petition and notice z'��ardin� a pro�osed taking - The notice must state that a party wishing to challenge the public use or public purpose of a taking must appear at the court hearing or must appeal within 60 days of a court order. Additionally, a court order approving the public use or public purpose of a taking is final, unless an appeal is brought within 60 days. Section 8: Eyidentzary Standard: - The Senate position of "preponderance of evidence" was adopted. See above section under "some changes m the bill." Section 9: Awraisal fees - Maximum allowable appraisal fees for residentialproperty are increased from $500 to $1,500 - for other types ofproperty, the limitis $5,000.