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7 <br /> DORSEY & WHITNEY <br /> • <br /> Mr. Michael J. Mornson <br /> December 14, 1995 <br /> Page 2 <br /> before purchasing the property and if there are competing developers, it may be <br /> difficult for the HRA to determine which developer to select. <br /> These are practical considerations that you and the Council need to consider <br /> further. The purpose of this letter will be to outline the legal issues involved and to <br /> address the question of whether there is authority for providing HRA financial <br /> assistance without having the HRA or the City acquire title to the property. <br /> As we discussed earlier, the redevelopment which was done in the City of Big <br /> Lake without acquiring the property was done under the authority of Minnesota <br /> Statutes §469.09 through §469.123, which applies to economic redevelopment. <br /> Redevelopment under these statutes has certain requirements that the property be <br /> "rural" in character or that there be persistent unemployment of certain levels, etc. <br /> These statutes, unfortunately, probably would not apply to St. Anthony. <br /> The redevelopment in St. Anthony would need to occur under the • <br /> provisions of §469.001 to §469.047 relating to housing and redevelopment <br /> authorities. Under §469.001(2) an HRA has authority "to clear and redevelop <br /> blighted areas". Under §469.012(4) an HRA has authority: <br /> "to undertake, prepare, carry out, and operate projects and to provide <br /> for the construction, reconstruction, improvement, extension, <br /> alteration, or repair of any project or part thereof;" <br /> In your memorandum, you refer to Minnesota Statutes §469.028, which sets <br /> forth the necessary findings for a redevelopment plan and project. As you will note, <br /> much of this section deals with the acquisition of property. As you know, in the <br /> typical redevelopment project the land is acquired by the HRA. The question then is <br /> whether we can apply these provisions without acquiring the property. I find no <br /> specific statutes that authorize this, but §469.012, Subd. 1 states as follows: <br /> "An authority shall be a public body corporate and politic and shall <br /> have all of the powers necessary or convenient to carry out the <br /> purposes of sections 469.001 to 469.047,..." <br /> This subdivision goes on to state that the HRH's powers include the power: <br /> "(24) to make expenditures necessary to carry out the purposes of is <br /> sections 469.001 to 469.047;" <br />