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House of Representatives 13FI, Canaus Research 17e�artmenL Room 248-E State Office Building 65I�296-5319 Memo June 14,2006 � :�� To: Rep. Mindy GreiIing r � � � L � rM1 -�� .. � From: Brad Kelly, Research Consultant, House DFL Caucus Research, 6511296-5319 � ��' �� -_�� Subject: Eminent Domain Reason for mv memo Mindy, Mary J. Murphy forwarded an email to me, stating that you wanted to know how the new eminent domain law (2006 Minnesota Session Laws Chapter 214) affects the Twin Lakes developmentproj ect in Roseville. I called Jamie Radel, the Roseville city economic development coordinator (6S 11�49U-2241) and was told that the Roseville city council certified the TT� district for the proj ect on June 20,2005. Thus, it appears to me that the new eminent domain law would not affect this project--since the proj ect has a certified T1F district prior to the requirements contained in the new law (2006 NII�T Session Laws Chapter 214, section 22; here is a linkto the SF 2750 conference report: ':«,.r'r '�•++w.,r.ti�i.��z.��i�.�ir,i�_�r��,�_�,j�ar��Ttluif;,�a9;�'�bill��k;:rsl�"��.html�scstiit�n-SS�.;ti Answer to , ��question To be sure, I forwarded your question to House Research counsel (beb Dyson, 6511296-8291) and here is her response: "The new law is phased in for TIF related projects. For �ualz�'yin� takings for TIF, if the taking is begun before Feb. 1, 2008, it is exempt from all of the new law provisions. If it is begun after Feb. 1,2008, it is exempt only frox� the public use deiinition. One way a TIF district qualifies far the exemptions above is if it was certified by Feb. 1,2006 and begins the condemnation within five years. Another way the Roseville district may qualify is if the developer acquired property by May 1,2006 in reliance on a coniraet with the condemning authority, there is no time limit in which to begin the condemnation. This is a little complex - the Act summary for chapter 214 spells it all out." More information from the House Research s�.rnmazv re ag rding the new eminent domain law's effective date In general, the new law is effective May 20,2006, and applies to eminent domain proceedings commenced on or after that date. Right of first refusal applies to disposition of property acquired by eminent domain on or after May 20,2006. Exceptions: (1) Certain acquisitions in tax increment financing or abatement areas as described below; (2) A highway project selected for federal funding by an area transportation partnership or metropolitan planning organization if the taking is begun on or before January 15,2007; and (3) A planned shelter for homeless persons in Minneapolis, if the taking is begun by May 20, 2008.