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INFORMATION #3 EDSR 05-08-2006Eminent domain conference committee <br>begins work this week Page 1 of 2 INFORMATION Cities Bulletin ONLI N.E EUI TI ON Eminent domain conference committee begins work this week Issue 11 Published: Apri120, 2006 By Laura Harris Last week the House and Senate appointed a 10-member conference committee on HF 2846 /SF 2750, legislation severely restricting eminent domain authority. The following members were appointed to the conference committee: Sen. Tom.. Bakk (DFL-Cook), Sen. Steve Murohv (DFL-Red Wing), Sen. Don Betzold (DFL-Fridley), Sen. Linda Higgins (DFL-Minneapolis), Sen. Julianne Ortman (R- Chanhassen), Re~Jeff Johnson (R-Plymouth), Rte. Ron Abrams (R-Minnetonka), ReyGreg Davids (R-Preston), Rep. Bruce Anderson (R-Buffalo) and Rem. Paul Thissen (DFL-Minneapolis). The conference committee is expected to meet on Apri] 21 to review the provisions in the two bills. At this meeting, the conferees may also consider action on identical language. The League of Minnesota Cities is encouraging local officials to contact their legislators and members of the conference committee to express concerns with this legislation from a local government perspective (see the contact information below). As the conferees meet to work out the differences between the two bills, LMC is urging the following actions on several key issues: Blight. Support the negotiated blight language in the Senate bill. Although the Senate definition is also quite restrictive, it recognizes that conditions other than structural building code violations may indicate blight and is more workable than the House language. Burden of proof. Support the Senate position requiring a preponderance of the evidence for takings for redevelopment purposes. The cumulative effect of the restrictive definitions of blight and environmental contamination make the House bill's cleaz and convincing evidence standard unnecessary. Transition rules and effective date. Support the House TIF transition rules. These transition rules allow some cities in the midst of redevelopment projects to continue these projects under current law. In addition, the conference committee must also clarify that new requirements in the eminent domain bills (i.e., the public notice and hearing provision) apply prospectively and will not affect existing actions or litigation. Compensation. Support compensation provisions that can be implemented procedurally, that require property owners to prove their damages, and that aze not duplicative. Other issues. • Oppose a provision in the House bill providing for inverse condemnation when garbage haulers are affected by municipal organized collection efforts. http://www.lmnc.org/bulletin/story.cfrn?id=1124&title_id=1 4/21/2006 Eminent domain conference committee <br>begins work this week Page 2 of 2 • Oppose further limitations on the ability of cities to regulate nonconforming uses. • Oppose a provision in the House bill that requires compensation if a historic preservation designation affects the use or value of an historic property. • Oppose a provision in the House bill that limits the ability of local governments to acquire property to provide road access. • Oppose provisions in both bills that require compensation when driveway access is reduced. • Oppose a provision in the House bill that prohibits a condemning authority from using eminent domain outside of its jurisdictional boundaries unless the jurisdiction where the property is located consents. For more information. The League has created a "hot. topic" web uaee_on_eminent domain that contains many resources for local officials. If you have questions about this issue, contact Laura Harris, LMC, at (651) 281-1260 or lharris@hnnc.org; or Tom Grundboefer, LMC, at (651) 281-1266 or t¢rundho n lmnc_org. With the end of the legislative session insight, it is important for city officials to contact conference committee members as soon as possible to weigh-in on on HF 2846/SF 2750. Contact information for the conferees is listed below: Conference Committee Members-HF 2846/SF 2750: • Sen. Tom Bakk-226 Capitol, (651) 296-8881 • Sen. Steve Murphy-306 Capitol, (651) 296-4264 • Sen. Linda Higgins-328 Capitol, (651) 296-9246, sen.lind_a,hi~einsCa~senate.mn • Sen. Don Betzold-111 Capitol, (651) 296-2556, sen.donbetzold(a~senate.mn • Sen. Julianne Ortman-G-21 State Office Building, (651) 296-4837, sen~iatute,ortmanna enate.mn . Rep. Jeff Johnson-401 State Office Building, (651) 296-5511, reo•ieffjohnson a~house.mn . Rep. Greg Davids-477 State Office Building, (651) 296-9278, rep.greg.davids housemn . Rep. Bruce Anderson-437 State Office Building, (651) 296-5063, re~..bruceanderson house.mn • Rep. Ron Abrams-585 State Office Building, (651) 296-9934, rep,ron.abr_ams house.mn • Rep. Paul Thissen-301 State Office Building, (651) 296-5375, rep.paul.thissen house.mn LMC Board Editor: Dess~ner: Executive Director: of Directors Laura Zenz Laura Zenz Jim Miller Copyright ©2006 Lea ue o Minnesota Ci[ies 145 University Ave. West, St. Paul, MN 55103 Phone: 651-281-1200 ~ Toll Free: I-800-925-1122 Fax: 651-281-1299 ~ TDD: 651-281-1290 Return to Home http://www.lmne.org/bulletin/story.cfm?id=1124&title id=1 4/21/2006 -