Subdivision 1.

Words, terms, and phrases.

deleted text begin Unless the language or context clearly indicates that a different meaning is intended,deleted text end new text begin For the purposes of this chapter and any other general or special law authorizing the exercise of the power of eminent domain, new text end the words, terms, and phrases defined in this section have the meanings given them.

Subd. 2.

Taking.

new text begin "new text end Takingnew text begin "new text end and all words and phrases of like import include every interference, under the right of eminent domain, with the possession, enjoyment, or value of private property.

Subd. 3.

Owner.

"Owner" includes all persons deleted text begin interested in suchdeleted text end new text begin with any interest in the new text end property new text begin subject to a taking, whether new text end as proprietors, tenants, life estate holders, encumbrancers, new text begin beneficial interest holders, new text end or otherwise.

new text begin Subd. 4. new text end

new text begin Condemning authority. new text end

new text begin "Condemning authority" means a person or entity with the power of eminent domain. new text end

new text begin Subd. 5. new text end

new text begin Abandoned property. new text end

new text begin "Abandoned property" means property that: (1) has been substantially unoccupied or unused for any commercial or residential purpose for at least one year by a person with a legal or equitable right to occupy the property; (2) has not been maintained; and (3) for which taxes have not been paid for at least two previous years. new text end

new text begin Subd. 6. new text end

new text begin Blighted area. new text end

new text begin "Blighted area" means an area: new text end

new text begin (1) that is in urban use; and new text end

new text begin (2) where more than 50 percent of the buildings are structurally substandard. new text end

new text begin Subd. 7. new text end

new text begin Structurally substandard. new text end

new text begin "Structurally substandard" means a building: new text end

new text begin (1) that was inspected by the appropriate local government and cited for one or more enforceable housing, maintenance, or building code violations; new text end

new text begin (2) in which the cited building code violations involve one or more of the following: new text end

new text begin (i) a roof and roof framing element; new text end

new text begin (ii) support walls, beams, and headers; new text end

new text begin (iii) foundation, footings, and subgrade conditions; new text end

new text begin (iv) light and ventilation; new text end

new text begin (v) fire protection, including egress; new text end

new text begin (vi) internal utilities, including electricity, gas, and water; new text end

new text begin (vii) flooring and flooring elements; or new text end

new text begin (viii) walls, insulation, and exterior envelope; new text end

new text begin (3) in which the cited housing, maintenance, or building code violations have not been remedied after two notices to cure the noncompliance; and new text end

new text begin (4) has uncured housing, maintenance, and building code violations, satisfaction of which would cost more than 50 percent of the assessor's taxable market value for the building, excluding land value, as determined under section 273.11 for property taxes payable in the year in which the condemnation is commenced. new text end

new text begin A local government is authorized to seek from a judge or magistrate an administrative warrant to gain access to inspect a specific building in a proposed development or redevelopment area upon showing of probable cause that a specific code violation has occurred and that the violation has not been cured, and that the owner has denied the local government access to the property. Items of evidence that may support a conclusion of probable cause may include recent fire or police inspections, housing inspection, exterior evidence of deterioration, or other similar reliable evidence of deterioration in the specific building. new text end

new text begin Subd. 8. new text end

new text begin Environmentally contaminated area. new text end

new text begin "Environmentally contaminated area" means an area: new text end

new text begin (1) in which more than 50 percent of the parcels contain any substance defined, regulated, or listed as a hazardous substance, hazardous material, hazardous waste, toxic waste, pollutant, contaminant, or toxic substance, or identified as hazardous to human health or the environment under state or federal law or regulation; and new text end

new text begin (2) for which the estimated costs of investigation, monitoring and testing, and remedial action or removal, as defined in section 115B.02, subdivisions 16 and 17, respectively, including any state costs of remedial actions, exceed 100 percent of the assessor's estimated market value for the contaminated parcel, as determined under section 273.11, for property taxes payable in the year in which the condemnation commenced, or for which a court of competent jurisdiction has issued an order under law or regulations adopted by Minnesota or the United States, that clean up or remediation of a contaminated site occur and the property owner has failed to comply with the court's order within a reasonable time. new text end

new text begin Subd. 9. new text end

new text begin Public nuisance. new text end

new text begin "Public nuisance" means a public nuisance under section 609.74. new text end

new text begin Subd. 10. new text end

new text begin Public service corporation. new text end

new text begin "Public service corporation" means a utility, as defined by section 116C.52, subdivision 10; gas, electric, telephone, or cable communications company; cooperative association; natural gas pipeline company; crude oil, or petroleum products pipeline company; municipal utility; municipality when operating its municipally owned utilities; joint venture created pursuant to section 452.25 or 452.26; or municipal power or gas agency. Public service corporation also means a municipality or public corporation when operating an airport under chapter 360 or 473, a common carrier, a watershed district, or a drainage authority. Public service corporation also means an entity operating a regional distribution center within an international economic development zone designated under section 469.322. new text end

new text begin Subd. 11. new text end

new text begin Public use; public purpose. new text end

new text begin (a) "Public use" or "public purpose" means, exclusively: new text end

new text begin (1) the possession, occupation, ownership, and enjoyment of the land by the general public, or by public agencies; new text end

new text begin (2) the creation or functioning of a public service corporation; or new text end

new text begin (3) mitigation of a blighted area, remediation of an environmentally contaminated area, reduction of abandoned property, or removal of a public nuisance. new text end

new text begin (b) The public benefits of economic development, including an increase in tax base, tax revenues, employment, or general economic health, do not by themselves constitute a public use or public purpose. new text end

Subdivision 1.

Application.

This section applies to the acquisition of property deleted text begin for public highways, streets, roads, alleys, airports, mass transit facilities, or for other transportation facilities or purposesdeleted text end new text begin under this chapternew text end .

new text begin Subd. 1a. new text end

new text begin Definition of owner. new text end

new text begin For the purposes of this section, "owner" means fee owner, contract purchaser, or business lessee who is entitled to condemnation compensation under a lease. new text end

Subd. 2.

Appraisal.

(a) Before commencing an eminent domain proceeding under this chapter, the acquiring authority must obtain at least one appraisal for the property proposed to be acquired. In making the appraisal, the appraiser must confer with one or more of the owners of the property, if reasonably possible. deleted text begin At least 20deleted text end new text begin Notwithstanding section 13.44, the acquiring authority must provide the owner with a copy of each appraisal the acquiring authority has obtained for the property at the time an offer is made, but no later than 60 new text end days before presenting a petition under section 117.055, deleted text begin the acquiring authority must provide the owner with a copy of the appraisaldeleted text end and inform the deleted text begin owner of the owner'sdeleted text end new text begin owner of thenew text end right to obtain an appraisal under this section.new text begin Upon request, the acquiring authority must make available to the owner all appraisals of the property. If the acquiring authority is considering both a full and partial taking of the property, the acquiring authority shall obtain and provide the owner with appraisals for both types of takings.new text end

(b) The owner may obtain an appraisal by a qualified appraiser of the property proposed to be acquired. The owner is entitled to reimbursement for the reasonable costs of the appraisal from the acquiring authority up to a maximum of $1,500 deleted text begin within 30 days after thedeleted text end new text begin for single family and two-family residential property and minimum damage acquisitions and $5,000 for other types of property, provided that the new text end owner submits to the acquiring authority the information necessary for reimbursement, deleted text begin provided that the owner does so within 60 days after the owner receives the appraisal from the authority under paragraph (a)deleted text end new text begin including a copy of the owner's appraisal, at least five days before a condemnation commissioners' hearing. For purposes of this paragraph, a "minimum damage acquisition" means an interest in property that a qualified person with appraisal knowledge indicates can be acquired for a cost of $10,000 or less.new text end

new text begin (c) The acquiring authority must pay the reimbursement to the owner within 30 days after receiving a copy of the appraisal and the reimbursement information. Upon agreement between the acquiring authority and the owner, the acquiring authority may pay the reimbursement directly to the appraisernew text end .

Subd. 3.

Negotiation.

In addition to the appraisal requirements under subdivision 2, before commencing an eminent domain proceeding, the acquiring authority must make a good faith attempt to negotiate personally with the owner of the property in order to acquire the property by direct purchase instead of the use of eminent domain proceedings. In making this negotiation, the acquiring authority must consider the appraisals in its possessionnew text begin , including any appraisal obtained and furnished by the owner if available,new text end and other information that may be relevant to a determination of damages under this chapter. new text begin If the acquiring authority is considering both a full and partial taking of the property, the acquiring authority must make a good-faith attempt to negotiate with respect to both types of takings.new text end

new text begin Subd. 4. new text end

new text begin Use of appraisal at commissioners' hearing. new text end

new text begin An appraisal must not be used or considered in a condemnation commissioners' hearing, nor may the appraiser who prepared the appraisal testify, unless a copy of the appraiser's written report is provided to the opposing party at least five days before the hearing. new text end

new text begin Subd. 5. new text end

new text begin Documentation of business loss. new text end

new text begin Documentation related to a loss of going concern claim made under section 117.186, must not be used or considered in a condemnation commissioners' hearing unless the documentation is provided to the opposing party at least 14 days before the hearing. new text end

new text begin Subdivision 1. new text end

new text begin Petition. new text end

In all cases a petition, describing the desired land, stating by whom and for what purposes it is proposed to be taken, and giving the names of all persons appearing of record or known to the petitioner to be the owners thereof shall be presented to the district court of the county in which the land is situated praying for the appointment of commissioners to appraise the damages which may be occasioned by such taking.

new text begin Subd. 2. new text end

new text begin Notice. new text end

new text begin (a) new text end Notice of the objects of the petition and of the time and place of presenting the same shall be served at least 20 days before such time of presentation upon all persons named in the petition as owners as defined in section 117.025, subdivision 3, and upon all occupants of such land in the same manner as a summons in a civil action.

new text begin (b) The notice must state that: new text end

new text begin (1) a party wishing to challenge the public use or public purpose, necessity, or authority for a taking must appear at the court hearing and state the objection or must appeal within 60 days of a court order; and new text end

new text begin (2) a court order approving the public use or public purpose, necessity, and authority for the taking is final unless an appeal is brought within 60 days after service of the order on the party. new text end

new text begin (c) new text end If any such owner be not a resident of the state, or the owner's place of residence be unknown to the petitioner, upon the filing of an affidavit of the petitioner or the petitioner's agent or attorney, stating that the petitioner believes that such owner is not a resident of the state, and that the petitioner has mailed a copy of the notice to the owner at the owner's place of residence, or that after diligent inquiry the owner's place of residence cannot be ascertained by the affiant, then service may be made upon such owner by three weeks' published notice. If the state be an owner, the notice shall be served upon the attorney general. Any owner not served as herein provided shall not be bound by such proceeding except upon voluntarily appearing therein. Any owner shall be furnished a right-of-way map or plat of all that part of land to be taken upon written demand, provided that the petitioner shall have ten days from the receipt of the demand within which to furnish the same. Any plans or profiles which the petitioner has shall be made available to the owner for inspection.