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TTfi and abatement area effective dates: <br />For qualifying condemnation actions (described below), the effective date phases-in the new eminent domain rules as <br />follows: <br />► t Takings begun by February l, 2008, are exempt from a11 of the new rules. <br />� f Takings begun after February 1,2008, are exempt �rca� the new restrictions on public use, but are <br />subj ect to the other changes in the act (e.g., the potential to pay compensation for going concern value, <br />attorneys fees, etc.). <br />TIF �roiect_s. To be grandfathered in, a'I'��' plan must be approved by the cityby February 1,2008 and must identify the <br />property as intended to be acquired. (Under Minnesota Statutes, section 469.175, subdivision 1, clause (Z), a T��' plan <br />must list the properties that development authority intends to acquire.) In addition, one of three conditions must be <br />satisfied: <br />1. The developer aequired property by May 1,2006 in reliance on a contract with the condemning authority to <br />condemn other property for the project. Note: There is no speci�ic time limit on when these actions must be <br />brought, aside from those listed above. <br />2. The condemning authority issued bonds (or entered a contract to issue bonds) to �inance the project and begins <br />the condemnation action within 2 years after issuing the bonds. <br />The TIF district was certified by February 1,2006 and the condemnation action is begun within 5 years after <br />certi�ication of the T� district. Certification occurs after the TIF approval process by filing a request for <br />certi�ication with the county auditor. It cat�, occur as soon as a few months after plan approval or a year or more <br />later, depending upon when the authority requested certification and how quickly the county processed the <br />request. This 5-year period corresponds to the rule under the TIF Act that allows the same period for completing <br />in-district expenditures. Mir�ri. Stat. � 469.1763, subd. 3. <br />TIF districts authorized b�• s�eciallaws (�az�a�za�ph fb� , clause {3}). A speciallaw authorizing creation of a�'�' district <br />must have received 1oca1 approval or become effective before February 1,2006. The condemning authority must start <br />the eminent domain action by the time period permitted under the 5-year ru1e, but not to exceed 10 years if the special <br />1aw allows a longer period. <br />Economic development abatement ��'ol�cis (pa�'a�raph ��� clause (4��. Similar to the TIF exemption under <br />clause (3}, the condemnation action must be started by February 1,201�, and at least one of the political <br />subdivisions must adopt the abatement resolution before February 1,2006. <br />� <br />