02-14-1990 Council Agenda - Laserfiche WebLink

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Land Use Control sale or to further municipal planning objectives, it may, before sale, plat into lots and blocks land it holds in fee simple. 72 A city may acquire a conservation easement from landowners. /3 Eminent Domain Eminent domain is the right of the state to ap- propriate private property to public use upon the payment of just compensation. The statutes give every city this right in order to acquire private property either within or without the corporate limits for any lawful purpose. 74 Under the right of eminent domain cities may only take property for a public purpose. Eminent domain, or "condemnation," allows a city to acquire property against the will of the owner by paying the value of property, fixed in Minnesota by court - appointed commissioners. The refusal of a property owner to sell, however, does not mean the council has the right to institute eminent domain proceedings. 75 The council must decide whether it should exer- cise the right of eminent domain and begin con- demnation proceedings. 76 To acquire property by eminent domain, cities must follow the procedure in the comprehensive eminent domain law. 77 Under that law, the coun- cil begins proceedings, normally by resolution. The city must then file a petition with the district court. If the court determines that the purpose is an authorized public purpose, it appoints commis- sioners to appraise damages. The parties may ap- peal the commissioners' award. When one city needs part of a tract of land for some public purpose and some other city needs other parts for a public purpose, they may enter into an agreement for joint acquisition of the land by eminent domain. 76 A city may condemn land that another public body holds, but only if it can show a strong neces- sity for the condemnation. 79 Relocation and Appraisal Fees The city must pay relocation assistance and benefits 80 to residents or businesses the city dis- places through eminent domain or by purchase of property if federal relocation assistance and benefits are not available. 81 This is a cost of al- most every acquisition and the council should con- sider it in making a decision to acquire Land. In some limited circumstances, owner- occupants may waive relocation benefits. 82 The purchase of property with the proceeds of industrial revenue bonds does not constitute an acquisition which would require payment of relocation benefits. 83 Also, utilities forced to move from a right -of -way do not qualify for relocation benefits. 84 In both acquisitions by purchase and by eminent domain, the owner is entitled to reimbursement for appraisal fees, not to exceed $500, if the owner is otherwise entitled to reimbursement under federal law. The city, as purchaser, must inform the owner of the right, if any, to reimbursement for appraisal fees, together with relocation costs, moving costs, and any other related expenses to which an owner is entitled under federal law. 85 Advertising Devices Cities cannot remove lawfully erected advertis- ing devices until the city has acquired all rights in the property. 86 A city cannot use amortization. However, this law affects only signs adjacent to highways. 87 Vacating Publicly Owned Utility Easements and Land Dedicated to Streets and Alleys Statutory cities and home rule cities of the third and fourth class may abandon ownership or con- trol over all or any part of land they have set aside, dedicated, or used as streets or alleys. 88 A statutory city may also vacate any publicly owned utility easement or boulevard reserve. 89 The steps are as follows. 1. The council may initiate the action by resolution, or a majority of owners of property abutting upon the land to be vacated, may petition for this action. Such petitions probably need signatures from both a majority of landowners and the owners of at least 50 percent of the land area. 90 2. The council must hold a public hearing on the proposal following two weeks' published and posted notice. Page 234 Handbook for Minnesota Cities Page 95