2006.08.21 EDA Packet - Laserfiche WebLink

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r Continued from page 5 structure,development or activity. project and address how the acquisi- • Compensation for loss of driveway tion serves a public use and why the access. Section 11,subd.4 requires property is needed. ing the entitlement to a ttorney fees, compensation if a governmental • Right of first refusal. Section 15 the final award does not include entity permanently eliminates 51 specifies that if a condemning compensation for loss of going con- percent or more of the driveway authority determines that property cern unless it was included in the access to a business that results in has not been used a nd is no longer last written offer made by the con- a loss of revenues of 51 percent or needed for a public use,the author- demning authority before filing the more.Installation of a median does ity must offer to sell the property petition. not constitute elimi nation of drive- back to the person from whom it • Compensation for loss ofgoing con- way access. was acquired at the original price cern.Section 11,subd.2 requires or the current fair market value, compensation for loss of going New procedural requirements whichever is lower. concern if a business is destroyed The new law also contains several • Relocation assistance determination by a taking unless the condemn- changes to the eminent dom ain by ALJ.Section 19 requires reloca- ing authority proves by a prepon- process,including the following: tion assistance to be determined by derance of evidence that the loss • Appraisal and negotiation. Section an administrative law judge under a is not due to the taking,the loss 5 modifies the appraisal and nego- contested case proceeding if the dis- could have been avoided with rea- tiation requirements in Minn.Stat. placed person does not accept the sonable measures,or that going 117.036 and applies these require- condemning authority's offer. concern compensation would ments to all acquisitions.It requires Public service corporations are duplicate compensation otherwise the exchange of appraisals and exempted from many of the new being awarded.It defines"owner" increases the appraisal reimburse- provisions,including the new com- to include lessees wh o operate a ment cap to$5,000 for non-resi- pensation requirements,increased business on real property that is dential property.It also provides that appraisal reimbursement caps,new the subject of an eminent domain an appraisal must not be used or public notice and hearing require- proceeding and requires an owner considered in a condemnation com- ments,and the use of administrative to give the condemning author- missioners'hearing unless a copy of law judges for arbitrating relocation ity notice of intent to seek com- the appraiser's written report was benefit disputes. pensation for loss of goi ng concern provided to the opposing party at within 60 days of the first court least five days before the hearing, Effective date and exemptions hearing. and that documentation related to for existing projects • Minimum compensation. Section a loss of going concern claim must The law is generally effective May 20, 12 provides that when an owner is not be used or conside red in a con- 2006,and applies to condemnation required to relocate,the amount of demnation commissioners'hearing proceedings and eminent domain damages payable must be sufficient unless the documentation is pro- actions commenced on or after that to purchase a"comparable property" vided to the opposing party at least date.For purposes of the law,an in the community,and not less than 14 days before the hearing. action is deemed commenced when the condemning authority's quick Public notice and hearing. Sec- service of the notice of the petition is take deposit."Owner"is defined as tion 6 establishes new public hear- made on the property owner. the person or entity that holds fee ing requirements for takings to The law identifies exceptions for title to the property. mitigate a blighted area,remediate certain actions anticipated as part of • Re-establishment reimbursement. an environmentally contaminated a tax increment financing(TIF) plan, Section 18 requires an acquiring area,reduce abandoned property,or abatement project or a special law. authority to reimburse up to remove a public nuisance.The law Actions commenced between Feb. $50,000 in re-establishment specifies certain notice and hearing 1,2006,and Feb.1,2008,that satisfy expenses to displaced businesses. requirements and requires approval one of these conditi ons are grandfa- • Compensation for removal of a non- by the local elected governing body thered in and are not subject to any of conforming use. Section 10 requires a at a subsequent meeti ng that is at the provisions of the new law.Actions local government to compensate the least 30 days after the public hear- commenced after Feb.1,2008,are not owner of a nonconforming use if the ing.It also requires the resolution subject to the new public use require- local government requires its removal authorizing eminent domain to ments,but are subject to the com- as a condition of granting a permit, identify the public costs and b en- pensation requirements and other license,or other approval for a use, efits known or expected from the procedural provisions of the new law. Page 8 LMC Cities Bulletin August 9, 2006