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Chapter: <br />Session: <br />Topic: <br />Analyst: <br />Date: <br />House Research Act Summary <br />2�4 <br />2006 Regular Session <br />Eminent domain <br />Deborah A. Dyson <br />May 25,2006 <br />This publication can be made available in alt�znative formats upon request. Please call 651-296-6753 <br />(voice); or the Nlinnesota State Relay Service at 1-800-627-3529(TTY} for assistance. Summaries are also <br />available on our website at: www.hs�use.�za/ksrdl�d.l�trn. <br />Section <br />1 1 <br />2 2 <br />Overview <br />Effective Nlay 20,2006, private property may not be taken for economic development <br />alone. In addition, attorney fees must be awarded to property owners if the final award �s <br />more than 40 percent greater than the last offer by the government aald may be awarded if <br />more thaa120 percent and less than 40 percent greater. The new law limits takings related <br />to redevelopment, provides for or increases the other elements of compensation, and <br />imposes addi�ional procedures intended to protect property owners. <br />Preemption; public use. <br />Subd. l. Preemption. Provides that Minnesota Statutes, chapter 117, preempts all <br />other laws, including special laws, home rule charters, and other statutes, that provide <br />for eminent domain procedures, definitions, remedies, or limitations. Allows <br />additional procedures, remedies, and limitations if they do not diminish or deny <br />substantive and procedural rights and protections of owners under chapter 117. <br />Subd. 2. Requirement of public use or public purpose. Requires eminent domain <br />to be used only for public use or public purpose. <br />Subd. 3. Exceptions. Maintains the existing exemptions for town roads, watershed <br />districts, and drainage authorities and allows them to follow procedures in other laws. <br />Definitions. <br />Subd. l. Words, terms, and phrases (definitions). Provides that the definitions in <br />Minnesota Statutes, section � i7,025 (the defiza.�it�o� section for the chapter of statutes <br />governing eminent domain E�r�edu���s� apply to any general or special law <br />authorizing the exercise of the power of eminent domain. <br />Subd. 3. Owner. Technical, clarification. <br />Subd. 4. Condemning authority. Defined as any person or entity with the power of <br />eminent domain. <br />Subd. 5. Abandoned property. Defined as property not legally occupied or used for <br />