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AN THE of ORDINANCE NO. 762 STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF NEW BRIGHTON rRDINANCE RELATING TO THE UTILIZAITON OF EMINENT DOMAIN IN THE CITY OF NEW BRIGHTON COUNCIL OF THE CITY OF NEW BRIGHTON ORDAINS that Chapter 2 of the Code aces of the City of New Brighton, Minnesota is amended by adding Article 3 as follows: Chapter 2 Article 3. Eminent Domain 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. 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. 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. 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. 14-32 Legal Authorization. City of New Brighton is a municipal corporation and a subdivision of the State of iesota organized and operating under Minnesota law, and is authorized by Minn. Stat,. . 412.211 and 465.01 and Ch. 469 to acquire real estate by exercising the power of eminent ain under and pursuant to Minn. Stat. , Ch. 117. Sec. 0-33. Rules and Procedures. 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.