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02-14-2024 Workshop Packet
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02-14-2024 Workshop Packet
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<br />17 <br />4859-6924-4449\6 <br />2. The redevelopment plans for the redevelopment areas in the locality will afford maximum <br />opportunity consistent with needs of the locality as a whole for the redevelopment of the <br />areas by private enterprise (Minn. Stat. § 469.028, Subd. 2). <br />3. The redevelopment plan conforms to the general comprehensive plan for the development <br />of the locality as a whole. (Minn. Stat. § 469.028, Subd. 2). <br />Municipal Development District <br />When the EDA exercises certain powers of cities identified in the City Development District law <br />(Minn. Stat. §§ 469.124-469.143), it must do so within the boundaries of a Municipal Development <br />District. A development district may be designated anywhere within the boundaries of a City, and <br />the City must adopt a Development Program for the development district. A Development Program <br />is a statement of objectives for the development district which contains the information set forth <br />in Minn. Stat. § 469.125, Subd. 3. The City may develop a program for improving the district to <br />encourage commercial development, increase employment, protect pedestrians, provide open <br />space relief, and or pursue other public purposes. (Minn. Stat. § 469.125, Subd. 3 and Subd. 4). <br />Prior to designation, the City must consult with its planning agency or department, publish notice, <br />and hold a public hearing. (Minn. Stat. § 469.126, Subd. 1). <br />Specific Powers <br />Because EDAs derive powers both directly from EDA law and indirectly by cross reference with <br />other development statutes, there is often considerable overlap in the statutes authorizing a given <br />power. <br />For example, the power to acquire and develop property under EDA law must be exercised within <br />the boundaries of an “economic development district.” Since the definition of an economic <br />development district is very restrictive, the EDA power to acquire land cannot be exercised in <br />many circumstances. However, the comparable HRA power to acquire and develop property is <br />far more general and can be exercised in a broad range of development circumstances. By picking <br />and choosing the particular statutory authority best suited to a given proposed action, an EDA can <br />optimize its authority. <br />Many EDA powers are listed below, including powers derived from EDA law, HRA law, and <br />municipal authorities. When considering the exercise of any specific power cited, you should <br />always review the available legislation and consult with your legal and development advisors. <br />Acquisition of Property <br />An EDA “may acquire by lease, purchase, gift, devise, or condemnation proceedings the needed <br />right, title, and interest in property to create economic development districts. It shall pay for the <br />property out of money it receives under sections 469.090 to 469.108. It may hold and dispose of <br />the property subject to the limits and conditions in sections 469.090 to 469.108. The title to <br />property acquired by condemnation or purchase must be in fee simple, absolute. The authority may <br />accept an interest in property acquired in another way subject to any condition of the grantor or <br />donor. The condition must be consistent with the proper use of the property under sections 469.090
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