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S.F. No. 2750, 4th Engrossment - 84th Legislative Session (2005-2006) Page 4 of 10 6. 1 (c) The acquiring authority must pay the reimbursement to the owner within 6.2 days after receiving a copy of the appraisal and the reimbursement informat 6.3 agreement between the acquiring authority and the owner, the acquiring autr 6.4 the reimbursement directly to the appraiser_. 6.5 Subd. 3 . Negotiation. In addition to the appraisal requirements under 6.6 before commencing an eminent domain proceeding, the acquiring authority mus 6.7 good faith attempt to negotiate personally with the owner of the property i 6.8 acquire the property by direct purchase instead of the use of eminent domai 6.9 In making this negotiation, the acquiring authority must consider the appra 6.10 possession, including any_appraisal obtained and furnished by the owner i 6.11 and other information that may be relevant to a determination of damages ur. 6.12 chapter. If the acquiring authority is considering both a full and partial 6.13 property, the acquiring authority must make a good-faith attempt to negotia __._.. - 6.14 to both types of takings. 6.15 Subd. 4. Use of A appraisal at commissioners' hearing. n appraisal must ---- -- - _ _ ------- --- - 6.16 used or considered in a condemnation commissioners' hearing, nor may the ap ...____- _. - ... 6.17 prepared the appraisal testify, unless a copy of the appraiser's written re 6.18 the opposing warty at Least five dam before the hearing. 6.19 Sec. 5. [117.0412] LOCAL GOVERNMENT PUBLIC HEARING 6.20 REQUIREMENTS. 6.21 Subdivision 1. Definitions. For the purposes of this section: 6.22 (1) "local government" means the elected governing body of a statutory -r or 6.23 rule charter city, county, or township; and 6.24 (2) "local government agency" means a subdivision, g ncy, authority,_or of 6.25 entity- created by or whose members are appointed by the local government, i -- ---- __ ...._.. ... 6.26 port authority, economic development authority, housing and redevelopment a 6.27 other similar entity established under law. 6.28 Subd. 2. Public hearing; vote by local government governing body. (a) E 6.29 local government or local government agent commences an eminent domain prc 6.30 under section 117.055, a public hearing must be held as provided in this se - .. -- ---- - - ....- -. ............_. 6.31 local government must notify each owner of property that may be acquired ir. 6.32 by certified mail of thepublic hearing on-the-proposed taking, post the pu 6.33 information on the local government's Web site, if any, and publish notice 6.34 hearing in a newspaper of general circulation in the local government's jur 6.35 Notice must be provided at least 30 days but not more than 60 days before t -- ---be provided -- .......__ - - 7.1 (b) Any interested person must be allowed reasonable time to present releva 7.2 testimony at the public hearinq.-The proceedings of the hearing must be re 7.3 available to the public for review and comment at reasonable times and a re 7.4 At the next regular meeting of the local government that is at least 30 day 7.5 hearing, the local government must vote on the question of whether to authc - -- - ............. 7.6 government or local government agency to use eminent domain to acquire the 7.7 Subd. 3. Resolution. If the takii is for the mitigation of a blightec -- ----- 7.8 remediation of an environmentally contaminated area, reducing abandoned prc 7.9 removing a public nuisance, then the resolution of a local government or lc 7.10 agency authorizing the use of eminent domain must: 7.11 (1) identify and describe the public costs and benefits that are known or e 7.12 to result from the program or _project for_ which the property interest is pz _. --- . 7.13 acquired; and 7.14 (2) address how the acquisition of the property interest serves one or more 7.15 public uses or public purposes and why the acquisition of the property is r. - _ ......._ --- 7.16 accomplish those public uses or public purposes. 7 .17 Sec. 6. Minnesota Statutes 2004, section 117.055, is amended to read: 7.18 117.055 PETITION AND NOTICE. 7.19 Subdivision 1. Petition. In all cases a petition, describing the desire 7.20 whom and for what purposes it is proposed to be taken, and giving the names 7.21 appearing of record or known to the petitioner to be the owners thereof sha 7.22 to the district court of the county in which the land is situated praying f 7.23 of commissioners to appraise the damages which may be occasioned by such to file://C:\Documents%20and%20Settings\j ulie.bartell\Local%20Settings\Temporary%20Inte... 4/5/2006