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2004_0517_Packet
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2004_0517_Packet
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�� <br />. Cilv of Roseville. Minnesota <br />� <br />4. Eminent Domain <br />� (Minnesota Statutes 465.01,117,469.126,469.131) <br />Eminent domain, or "condemnationn as it is commonly referred to, is a tool which <br />� can be used to obtain control over redevelopment sites where mutual agreement <br />between the buyer and seller cannot be reached. Eminent domain is most often <br />the option of last resort, but sometimes it can be used amicably ("fnendly <br />� condemnation") to assist the seller with benefits allowed under the Federal Tax <br />Code. <br />A city may exercise the right of eminent domain for the purpose of acquinng <br />� pnvate property for any purpose for which it is authonzed by law. Its use in the <br />process of economic development or redevelopment is authonzed by the City's <br />designation of a development district within the boundaries of the City. Within <br />� such districts the City may, among other things, acquire land or easements <br />through negotiation or through powers of eminent domain. <br />"Site control^ is of great significance in the realm of a redevelopment project. <br />r� VUthout site control, whether by ownership, option agreement, or at minimum an <br />indication from the property owner regarding their willingness to sell, most other <br />discussion points are moot. Discussions about any level of development <br />� assistance would generally not be a high prionty without knowing the most <br />� significant factor upon which they depend — the pnce of the property. I n some <br />cases attempting to attract developers to a site may be impossible due to the <br />unknowns surrounding the purchase or even availability of the site. <br />Within the context of Eminent Domain, site control is a sensitive issue. Such <br />discussion is generally resewed for specific redevelopment project components, <br />� and almost always as a last resort. Aside from the inherent nsk, case law <br />generally prohibits using Eminent Domain to assemble properties on a speculative <br />basis. <br />� <br />� <br />�� <br />� <br />� <br />.� <br />� <br />� <br />_� <br />r�' SPRINCSTED Page 8 <br />
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