Bill Text: MN HF78 | 2013-2014 | 88th Legislature | Introduced
Bill Title: City's eminent domain power limited outside of city.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2013-01-14 - Introduction and first reading, referred to Government Operations [HF78 Detail]
Download: Minnesota-2013-HF78-Introduced.html
1.2relating to local government; limiting a city's power of eminent domain outside
1.3of the city;amending Minnesota Statutes 2012, sections 412.211; 465.01.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2012, section 412.211, is amended to read:
1.6412.211 GENERAL STATUTORY CITY POWERS.
1.7Every city shall be a municipal corporation having the powers and rights and being
1.8subject to the duties of municipal corporations at common law. Each shall have perpetual
1.9succession, may sue and be sued, may use a corporate seal, may acquire, either within or
1.10without its corporate limits, such real and personal property as the purposes of the city
1.11may require, by purchase, gift, devise, condemnation, lease or otherwise, and may hold,
1.12manage, control, sell, convey, lease, or otherwise dispose of such property as its interests
1.13require. Notwithstanding the provisions of this section, a city's power of eminent domain
1.14under this section is subject to the provisions of section 465.01. The powers listed in this
1.15act are not exclusive and other provisions of law granting additional powers to cities or to
1.16classes of cities shall apply except where inconsistent with this chapter.
1.17 Sec. 2. Minnesota Statutes 2012, section 465.01, is amended to read:
1.18465.01 POWER OF EMINENT DOMAIN.
1.19(a)All cities A home rule charter or statutory city may exercise the power of eminent
1.20domain for the purpose of acquiring private property withinor without the corporate limits
1.21thereof of the city for any purpose for which it is authorized by law to take or hold the
1.22same by purchase or giftand. Any city may also exercise the power of eminent domain for
2.1the purpose of acquiring a right-of-way for sewerage or drainage purposes and an outlet
2.2for sewerage or drainage within or without the corporate limitsthereof. of the city. A city
2.3may also exercise the power of eminent domain outside the corporate limits of the city if:
2.4(1) specifically authorized under law to do so;
2.5(2) the eminent domain proceeding is brought under section 103B.311, subdivision
2.62; 162.09; 165.07; 165.09; 440.38; or 471A.03; or
2.7(3) the parcel of property is bordered by the city on at least three sides. For purposes
2.8of this clause, a city may not use a series of condemnations of surrounding property to
2.9meet the border requirements on the entire parcel.
2.10(b) The procedure in the event of condemnation shall be that prescribed by chapter
2.11117, or that prescribed by the charter ofsuch the city.
1.3of the city;amending Minnesota Statutes 2012, sections 412.211; 465.01.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2012, section 412.211, is amended to read:
1.6412.211 GENERAL STATUTORY CITY POWERS.
1.7Every city shall be a municipal corporation having the powers and rights and being
1.8subject to the duties of municipal corporations at common law. Each shall have perpetual
1.9succession, may sue and be sued, may use a corporate seal, may acquire, either within or
1.10without its corporate limits, such real and personal property as the purposes of the city
1.11may require, by purchase, gift, devise, condemnation, lease or otherwise, and may hold,
1.12manage, control, sell, convey, lease, or otherwise dispose of such property as its interests
1.13require. Notwithstanding the provisions of this section, a city's power of eminent domain
1.14under this section is subject to the provisions of section 465.01. The powers listed in this
1.15act are not exclusive and other provisions of law granting additional powers to cities or to
1.16classes of cities shall apply except where inconsistent with this chapter.
1.17 Sec. 2. Minnesota Statutes 2012, section 465.01, is amended to read:
1.18465.01 POWER OF EMINENT DOMAIN.
1.19(a)
1.20domain for the purpose of acquiring private property within
1.21
1.22same by purchase or gift
2.1the purpose of acquiring a right-of-way for sewerage or drainage purposes and an outlet
2.2for sewerage or drainage within or without the corporate limits
2.3may also exercise the power of eminent domain outside the corporate limits of the city if:
2.4(1) specifically authorized under law to do so;
2.5(2) the eminent domain proceeding is brought under section 103B.311, subdivision
2.62; 162.09; 165.07; 165.09; 440.38; or 471A.03; or
2.7(3) the parcel of property is bordered by the city on at least three sides. For purposes
2.8of this clause, a city may not use a series of condemnations of surrounding property to
2.9meet the border requirements on the entire parcel.
2.10(b) The procedure in the event of condemnation shall be that prescribed by chapter
2.11117, or that prescribed by the charter of
