RES 06-023
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RESOLUTION 06-23
A RESOLUTION OF THE CITY OF ELK RIVER
A RESOLUTION IN GENERAL SUPPORT OF
THE LEAGUE OF MINNESOTA CITIES'
EFFORTS TO PRESERVE THE AUTHORITY OF
MINNESOTA CITIES TO USE EMINENT
DOMAIN (WITH MODIFICATIONS).
WHEREAS, the City of Elk River is currently authorized under Minnesota State Statutes to exercise
eminent domain for public purposes including redevelopment, housing and securing property for
infrastructure and other revitalization efforts that provide employment opportunities, improve the
City's tax base and to mitigate conditions caused by blight; and,
WHEREAS, redevelopment activities are essential for Minnesota cities to mitigate deteriorating
properties that cause valuation losses to surrounding properties and create an atmosphere where
property reinvestment ceases, and also to correct market conditions and to combat public safety
issues; and,
WHEREAS, the City of Elk River understands that while eminent domain is a necessary
tool for the City, it is also a great responsibility that potentially changes the lives of those it
affects; and,
WHEREAS, the City of Elk River on very few occasions has exercised or threatened to exercise its
authority of eminent domain to acquire properties to implement redevelopment plans created
through public meetings and lengthy public processes and for traditional public improvements
(and, in recent uses, such actions were only threatened at the request of the affected landowner for
tax reasons); and,
WHEREAS, it is critical that the City of Elk River maintains its authority of eminent domain for
traditional public improvement acquisitions such as public road easements, parks, utilities and
infrastructure; and,
WHEREAS, the Elk River City Council, in conjunction with the City's Economic Development
Authority and Housing and Redevelopment Authority, recognizes that the changes proposed in the
Johnson-Bakk bill and similar bills to modify state and federal statutes and regulations will severely
undermine the ability of local communities to undergo critical redevelopment activities and to secure
necessary public improvements; and,
WHEREAS, the City of Elk River recognizes that improvements to the current eminent domain
processes are appropriate to ensure transparency for all those involved and that some reasonable
restrictions on the use of eminent domain may be warranted; and,
WHEREAS, the League of Minnesota Cities is proposing legislation that would preserve the
authority of :Minnesota cities to use eminent domain while suggesting amendments to improve the
eminent domain process, but that additional reasonable restrictions on eminent domain use may be
appropriate.
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River to
generally support the League of Minnesota Cities' efforts to preserve the authority of :Minnesota
cities to use eminent domain, provided that additional restrictions on a city's approval of the use of
eminent domain be included which still reserves the decision-making in the City Council (e.g.,
requiring that such approval would require a super-majority vote of the Council instead of a mere
simple majority; and requiring that, in the case of an economic development project, that
substantially all of the property encompassing the development project area be purchased by the
developer or be subject to binding purchase agreements with the developer prior to any action by the
City Council to authorize the use of eminent domain).
Pa"ed and adopted till, 21" day of Febro"Y 200:t_, ~)(j, .'
,- ~Klinm~Ma~
KI;:?ST: ..~ /)' /~
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] o~ ~chmidt, City Clerk
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