2021.10.05 WS Packet - Laserfiche WebLink

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Article 3. Eminent Domain Legislation Sec.2-31. General. (1) The purpose of this article is to establish the guidelines that the City Council will use in the future regarding the utilization of eminent domain or condemnation within the City of New Brighton. (2) In 2005,the United States Supreme Court decision in Kelo v. City of New London determined that a local government can utilize eminent domain to enhance its tax base and that economic development may qualify as a"public use"if a legislative body makes such a determination. The United States Supreme Court emphasized in its opinion that state or local municipalities may place further restrictions on its utilization of eminent domain or condemnation authority. (3) In 2006,the Minnesota Legislature amended Chapter 117 of the Minnesota Statutes in response to the Kelo decision to further restrict the power of the state, its agencies,and municipality's use of eminent domain and condemnation for private or economic development. (4) The New Brighton City Council has determined that it is in the best interest of its citizens to limit the utilization of eminent domain or condemnation. Sec.2-32 Legal Authorization. The City of New Brighton is a municipal corporation and a subdivision of the State of Minnesota organized and operating under Minnesota law,and is authorized by Minn. Stat,. Secs. 412.211 and 465.01 and Ch.469 to acquire real estate by exercising the power of eminent domain under and pursuant to Minn. Stat. , Ch. 117. Sec. 2-33. Rules and Procedures. (1) In exercising the authority to utilize eminent domain or condemnation,the City Council's termination of public use or public purpose shall be limited to the uses and purposes stated in Minnesota Statutes, Chapter 117. (2) Three public hearings must be held by the City Council prior to a formal vote authorizing the initiation of eminent domain or condemnation proceedings. An affirmative vote of two-thirds of the members of the entire City Council shall be required to make any finding that the proposed condemnation is for a proper public purpose and is not primarily for the purpose of economic development. (3) In exercising the powers of eminent domain or condemnation under Minnesota Statutes, a two-thirds vote of the entire City Council shall be required to authorize the initiation of eminent domain or condemnation proceedings. Only the New Brighton City Council may use eminent domain or condemnation to take property from private owners for a 2-6