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The LMC 2009 Policies further state that: "Despite all of these important and valid reasons for using organized collection, legislation has been discussed in several recent sessions (as introduced on behalf of the waste hauling industry) that would allow special takings claims by the solid waste industry if local governments make decisions that limit the number of companies that can collect garbage in a community in a manner that prevents a company currently operating in the community from continuing to do so through the implementation of organized collection. " This issue of compensating a solid waste hauler for lost business has become known as "inverse condemnation". While such inverse condemnation legislative initiatives have been introduced in past sessions, they have not been successfully passed or enacted. In response to these debates at the State Capitol, LMC's 2009 Policy further states: "The League of Minnesota Cities opposes efforts to apply inverse condemnation claims to city solid waste contracting decisions. Further, the League of Minnesota Cities supports the current state policy that organized collection is a valuable tool as part of a comprehensive solid waste and recycling management program and recognizes the need to protect and preserve the authority of cities to adopt solid waste service contracts that protect public safety, the environment and public infrastructure. " 2.6.3 Minnesota Inter -County Association (MICA) Policies MICA has a similar policy that supports existing county authority to help manage solid waste. In its packet, MICA 2008 Legislative Recommendations on "Tax & Revenue" issues, MICA stated that: "The MICA Board of Directors urges the legislature to oppose efforts to authorize the inverse condemnation of private property whose owners contend they are adversely affected by government regulation. " "Recently, the solid waste industry has pushed legislation that would require local governments to condemn their businesses if they were adversely affected by "organized hauling, " where the local government designates or negotiates with a specific hauler to provide solid waste disposal services to its residents. The reason a local government may wish to set up organized hauling is two fold. First, it can save money for its residents. Second, it allows counties to meet their state -mandated obligations to manage solid waste in an environmentally sound manner. No county is presently using organized hauling but they need that option, if only to get the solid waste industry to negotiate acceptable disposal practices and to maintain the economic viability of the incinerators and RDF facilities that the counties built in response to state mandates. " [Source: http://www.mica.org/rec88.html and then more specifically: hlt2://www.mica.orfz/TAX.htmll 46 •Foth Infrastructure & Environment, LLC R - Analysis of Waste Collection Service Arrangements.doc June 2009