07-26-2006 Council Agenda - Laserfiche WebLink

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Mr. Joel R. Hanson July 19, 2006 Page Three " "blighted area" means any area with buildings or improvements which, by reason of dilapidation, obsolescence, overcrowding, faulty arrangement or design, lack of ventilation, light and sanitary facilities, excessive land coverage, deleterious land use, or obsolete layout, or any combination of these or other factors, are detrimental to the safety, health, morals, or welfare of the community. ' The second condition for a redevelopment taking is "remediation of an environmentally contaminated area." The new law defines "environmentally contaminated area" as an area where more than 50% of the parcels contained contamination and the estimated costs of investigation, monitoring and testing, and remediation are more than the assessor's estimated market value of the parcel, or property subject to a court order requiring clean up or mediation within a reasonable time. The third condition for a redevelopment taking is "abandoned property", which is defined as property that has been unoccupied or unused for at least one year, that has not been maintained, and property on which taxes have not been paid for the previous two years. The fourth condition for a redevelopment taking is "removal of a public nuisance ", which incorporates the definition of "public nuisance" that exists in Minn. Stat. §609.74. Chapter 214, Laws 2006, §3 relates to condemnation on an area wide basis. The new law prohibits the taking of non - structurally substandard buildings and non - contaminated parcels unless there is "no feasible alternative" in order to remediate blight or contamination in the area and unless all possible steps are taken to minimize the taking of non - structurally substandard buildings or non - contaminated parcels. Chapter 214, Laws 2006, §6 sets forth new procedures applicable only to takings for redevelopment projects, which relate to written notice, recording of proceedings of hearings, the timing of the vote on the project and specific findings necessary in any approving resolution. Chapter 214, Laws 2006, §8 of the new law proposes a new evidentiary standard, applicable only to the four types of redevelopment taking. The condemning authority must show the District Court "by preponderance of the evidence that the taking is necessary and for the designated public use." This new standard does not apply to traditional public use takings. Therefore, courts should continue to grant deference to the decisions of condemning authorities for such takings. This section also provides that a court order approving the public use or public purpose, necessity, and authority for the taking is final unless an appeal is brought within sixty days after service of the order. 7