08-09-2006 Council Agenda - Laserfiche WebLink

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2006 Development Legislation Eminent Domain The 2006 legislature overhauled Minnesota's eminent domain statute this pass session. On the whole municipal advocates are not in support of the changes made to the law. The new law greatly restricts a condemning authority's ability to take property for blight and contamination. It also significantly increases the cost of acquisitions almost to the point of making them cost prohibitive. However, municipal organizations are pleased with provisions in the new law which grandfather in existing TIP districts. We are also pleased the burden of proof requirement was lowered from clear and convincing to preponderance of evidence. The AMM is monitoring the effect of this new legislation and is hoping to provide the upcoming legislatures with a comprehensive list of development projects that could not be completed because of this new law. Annexation Legislation passed in the 2006 session included some procedural pieces such as notice requirements, property tax modifications, joint informational meetings required and procedures dealing with when a property owner initiating the annexation process is authorized. Many of those changes were relatively small but a definite move in the right direction. Legislation also passed in the 2006 session which created a task force that will be meeting after the November election cycle to again try and come to some determinations and joint recommendations on state wide annexation reform. AMM looks forward to working with both cities and townships over the summer and fall to come to a resolution on this very divisive and difficult issue. Construction and Building Codes Legislation passed this year that would require the commissioner of administration to adopt rules establishing competency criteria for individuals serving as construction code inspectors and rules for continuing education requirements. This legislation was a modified version of a very overreaching bill from the 2005 session and it is AMM's intent to participate in the rulemalcing process over the sununer. Park Dedication Fee Legislation passed this year which amended the municipal park land dedication requirements by incorporating county provisions in to the municipal planning act. The law requires that the portion of land to be dedicated be based upon the "buildable" land, as defined by municipal ordinance. It also requires the municipality to adopt a capital improvement budget and have a parks and open space plan, or a parks and open space component in its comprehensive plant, if the municipality adopts an ordinance requiring Land dedication or payment of fees in lieu of land dedication. AMM and other municipal organizations will be working with the building associations over the summer to put together a legislative package that will address any concerns lingering from the 2006 session. It is anticipated that a formula determining park dedication fees will be the center of discussion over the summer. -13-