04-13-2006 Charter Packet - Laserfiche WebLink

Home Search

S.F. No. 2750, 4th Engrossment - 84th Legislative Session (2005-2006) Page 9 of 10 14 .15 not served as provided in this subdivision is not bound by the proceeding, 14.16 owner voluntarily appears in the proceeding. 14 .17 (c) within ten days of an owner's demand, the owner must be furnished a 14.18 right-of-way map or plat of all that part of the owner' s land to be taken. 14 .19 plans or profiles that the county possesses must be made available to the c 14.20 inspection. 14.21 (d) The notice must state that: 14 .22 (1) a party wishing to challenge the public use or public purpose, -necessit ---- 14.23 authority for the taking must appear at the court hearing and state the obi 14 .24 (2) a court order approving the public use or public purpose, necessity, ar. 14 .25 for the taking is final unless an appeal is brought within 60 days after se _- - - - 14.26 order on the party. 14.27 Sec. 21. Minnesota Statutes 2004, section 163 .12, subdivision 1b, is an 14 .28 Subd. lb. Finding of necessity. When proof of service of the notice rec_ 14.29 subdivision la is filed with the court, the court shall hear all competent 14.30 for or against granting the petition at the time and place fixed in the not 14.31 by the court. on finding that the proposed taking is necessary and authori2 14 .32 court shall order the proceedings to commence pursuant to the remaining prc 14.33 this section. The court order finding the taking necessary and authorized t 14.34 order and must be -appealed within 60 days from its service on the party- 15.1 Sec. 22. REVISOR'S INSTRUCTION. . .-- ._...... -- - 15.2 The revisor shall change the phrase "right of eminent domain" where found i -- ---- ._.... --- - . ----- ......-------- -- 15.3 Minnesota Statutes and Minnesota Rules to "power of eminent domain. " 15.4 Sec. 23. EFFECTIVE DATE. 15.5 This act is effective the dam following final enactment and applies to cone 15.6 proceedings for which service of notice of the petition under Minnesota Sta 15.7 117.055, is made on or after that date, except the act does not apply to ar. 15.8 condemning authority if the action satisfies one of the following conditior. ---- . 15.9 (1) if the municipality, as that term is used in Minnesota Statutes, sectic 15.10 subdivision 6, by the day following final enactment, has approved a tax inc 15.11 financing plan under Minnesota Statutes, section 469.175, before April 1, 2 .....__- - ............... -....-. --_ 15.12 or more of the following conditions exists in connection with the tax incre 15.13 plan:- 15.14 (i) the developer has acquired property by June 1, 2006, in reliance on the 15.15 condemning authority's contractual obligation to condemn property; or 15.16 (ii) the ..... ---- - ---- --__... .----- _ _ 15.17 issue or sell bonds or other financial instruments to finance the costs of 15.18 financing plan or district by June 1, 2006; or .-.. ........._- .......-- 15.19 (2) creation of the tax increment financing district was authorized under a 15.20 law that received local_approval or became effective without local approval _ 15.21 2006, and-the-condemn ing authority commences the action within the later of --- ---- --_... 15.22 (i) five years after the municipality approved the tax increment financing 15.23 (ii) the time period permitted under the special law for making expenditure 15.24 comply with Minnesota Statutes, section 469.1763, subdivision 3, but not tc 15.25 ten-year period;- or ...I....... 15.26 (3) the condemning authority has commenced a condemnation action before Jur. ..__ .......... ._.......... --- ....... - -----. ..._- -- 15.27 2006, to complete land assembly for a project, financed in whole or part wi 15.28 under Minnesota Statutes, sections 469.1813 through 469.1815, and the ............ 15.29 resolution was adopted by one of the participating political subdivisions t 15.30 1, 2006. Please direct all comments concerning issues or legislation to your House Member of State Senator. file://C:\Documents%20and%20Settings\julie.bartell\Local%20Settings\Temporary%20Inte... 4/5/2006