Laserfiche WebLink
AN <br />THE <br />of <br />ORDINANCE NO. 762 <br />STATE OF MINNESOTA <br />COUNTY OF RAMSEY <br />CITY OF NEW BRIGHTON <br />rRDINANCE RELATING TO THE UTILIZAITON OF EMINENT DOMAIN IN THE <br />CITY OF NEW BRIGHTON <br />COUNCIL OF THE CITY OF NEW BRIGHTON ORDAINS that Chapter 2 of the Code <br />aces of the City of New Brighton, Minnesota is amended by adding Article 3 as follows: <br />Chapter 2 <br />Article 3. Eminent Domain <br />General. <br />1) The purpose of this article is to establish the guidelines that the City Council will use in <br />the future regarding the utilization of eminent domain or condemnation within the City <br />of New Brighton. <br />In 2005, the United States Supreme Court decision in Kelo v. City of New London <br />determined that a local government can utilize eminent domain to enhance its tax base <br />and that economic development may qualify as a "public use" if a legislative body <br />makes such a determination. The United States Supreme Court emphasized in its <br />opinion that state or local municipalities may place further restrictions on its utilization <br />of eminent domain or condemnation authority. <br />In 2006, the Minnesota Legislature amended Chapter 117 of the Minnesota Statutes in <br />response to the Kelo decision to further restrict the power of the state, its agencies, and <br />municipality's use of eminent domain and condemnation for private or economic <br />development. <br />The New Brighton City Council has determined that it is in the best interest of its <br />citizens to limit the utilization of eminent domain or condemnation. <br />Sec. 14-32 Legal Authorization. <br />City of New Brighton is a municipal corporation and a subdivision of the State of <br />iesota organized and operating under Minnesota law, and is authorized by Minn. Stat,. <br />. 412.211 and 465.01 and Ch. 469 to acquire real estate by exercising the power of eminent <br />ain under and pursuant to Minn. Stat. , Ch. 117. <br />Sec. 0-33. Rules and Procedures. <br />In exercising the authority to utilize eminent domain or condemnation, the City <br />Council's termination of public use or public purpose shall be limited to the uses and <br />purposes stated in Minnesota Statutes, Chapter 117. <br />