Agenda Packets - 2005/02/07 - Laserfiche WebLink

Home Browse Search

Item No: 7 Meeting Date: February 7, 2005 Type of Business: Worksession Administrator Review : ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, Community Development Director Item Title/Subject: Review Policy on Use of Eminent Domain Introduction: At a recent City Council meeting, it was suggested that the Council review the City’s “policy” on the use of Eminent Domain—the power to condemn property. The City does not have a policy per se, however the Council has made various statements over the years with regard to the use of eminent domain. Given our two new Council members, this is a good opportunity to revisit the issue of eminent domain, first as a refresher as to what it is, and second, to ascertain when and under which conditions its use would generally be appropriate. Discussion: The laws concerning the use of eminent domain are quite extensive and depending upon the intended purpose of the acquisition, may be subject to different requirements. Kennedy & Graven provided me with a list of statutory references dealing with specific types of condemnation which is attached as Exhibit A. The general regulations relating to a city’s ability to condemn property are addressed in Minnesota Statutes, Chapter 117, attached as Exhibit B. Finally, a good summary on the eminent domain process is provided for the Council’s review in Exhibit C. The City Attorney advises against adopting any specific policy on the use of eminent domain but considers the discussion on the use of eminent domain beneficial on a general basis. Given that advice, the Council could discuss it’s position on the use of eminent domain both on an individual basis and collectively in a general sense. Such discussion will be helpful for staff as we respond to development projects brought to our attention or consider projects for the betterment of the community. Regardless, it should be reiterated that each case is unique and the Council will need to assess and determine whether the action would serve the public purpose, or in other words, be in the best interest of the community. The following generalized scenarios are intended simply to assess the Council’s tolerance for the use of eminent domain, keeping in mind that for each example, there would likely be extenuating circumstances beyond that identified. All of these assume that negotiation between the property owner and City have not been successful. 1. An abandoned building, repeated acts of vandalism Yes No 2. A blighted commercial building, declining property values Yes No 3. A vacant lot in the middle of a redevelopment proposal Yes No 4. Residential back yard areas for a stormwater pond Yes No 5. A blighted residential property, nuisance violations Yes No It may well be the case that the answer to each of these is “it depends”.