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• <br />• <br />Article 3. Eminent Domain Legislation <br />See. 2-31. General. <br />(1) The purpose of this article is to establish the guidelines that the City Council will use in <br />the fixture regarding the utilization of eminent domain or condemnation within the City <br />of New Brighton. <br />(2) 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 />(3) 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 />(4) 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. 2-32 Legal Authorization. <br />The City of New Brighton is a municipal corporation and a subdivision of the State of <br />Minnesota organized and operating under Minnesota law, and is authorized by Minn. Stat,. Secs. <br />412.211 and 465.01 and Ch. 469 to acquire real estate by exercising the power of eminent <br />domain under and pursuant to Minn. Stat. , Ch. 117. <br />Sec. 2-33. Rules and Procedures. <br />(1) 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 />(2) Three public hearings must be held by the City Council prior to a formal vote <br />authorizing the initiation of eminent domain or condemnation proceedings. An <br />affirmative vote of two-thirds of the members of the entire City Council shall be <br />required to make any finding that the proposed condemnation is for a proper public <br />purpose and is not primarily for the purpose of economic development. <br />2-5 <br />