2006.03.20 EDA Packet - Laserfiche WebLink

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02/13/06 REVISOR JSK/CG 06-5594 9.1 Subdivision 1. Application. Sections 469.401 to 469.403 apply to the exercise of 9.2 eminent domain powers by a condemning authority under this chapter if the property 9.3 interest to be acquired by eminent domain is intended to be sold,transferred,or otherwise 9.4 conveyed to a person or nongovernmental entity without the power of eminent domain. 9.5 Subd. 2. Public hearing and notice required. Prior to adoption of a resolution 9.6 authorizing the use of eminent domain, the,governing body of the condemning authority 9.7 must hold a public hearing on the proposed acquisition after published notice in a 9.8 newspaper of general circulation in the governing body's jurisdiction and on the governing 9.9 body's Web site,if applicable,which must be made at least one time not less than two mo weeks nor more than 60 days prior to the date of the hearing. The notice must reasonably 9.11 describe the property interest to be acquired, state that the purpose of the hearing is to 9.12 consider acquisition by eminent domain,state that comments may be submitted orally 9.13 at the hearing or in writing prior to or at the hearing, and specify an address to which 9.14 written comments may be mailed.Not less than two weeks before the hearing,notice of 9.15 the hearing must also be mailed to the owner of each parcel proposed to be acquired,but 9.16 defects in the notice do not invalidate the acquisition. For the purpose of giving mailed 9.17 notice,owners are determined as provided by section 429.031, subdivision 1,paragraph 9.18 (a). The resolution authorizing the use of eminent domain must not be adopted at the same 9.19 meeting or on the same day as the public hearing. 9.20 Subd. 3. Resolution. The resolution authorizing the use of eminent domain must: 9.21 (1)identify and describe the public benefits that are known or expected to result 9.22 from the program or project for which the property interest is proposed to be acquired; 9.23 (2)identify and describe the private benefits that are known or expected to result 9.24 from the anticipated conveyance of the property interest proposed to be acquired; 9.25 (3) summarize and respond to any oral comments made at the public hearing or 9.26 written comments received at or prior to the public hearing; and 9.27 (4)address how the acquisition of the property interest serves one or more identified 9.28 public purposes and why the acquisition of the property is reasonably necessary to 9.29 accomplish those purposes. 9.30 Subd_ 4. Summary of findings. The governing body of a condemning authority 9.31 must summarize the findings adopted in the resolution authorizing the use of eminent 9.32 domain in the notice of petition required under section 117.055. 9.33 Sec. 14. f469.4021 DEFINITIONS. 9.34 Subdivision 1. Scope. For purposes of sections 469.401 to 469.403, the following 9.35 terms have the meanings given to them. Sec. 14. 9