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Minnesota Legislature

Eminent domain modification (new law)

Published (4/8/2010)
By Mike Cook
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If a governing body determines that land it acquired through eminent domain for public use is no longer needed, it must offer to sell the land back to the owner from whom it was acquired at the lower of the condemnation price or the fair market value.

Signed April 6 by Gov. Tim Pawlenty, a new law will correct an oversight in a 2008 law to put Minnesota in compliance with federal law when dealing with excess property disposition in the transportation area.

Effective Aug. 1, 2010, it requires the acquiring authority to offer to sell excess, unneeded property acquired by eminent domain back to the previous owner at fair market value if the property interest was obtained with federal transit funding. This is already established in law for property acquired using federal highway funding.

Rep. Steve Simon (DFL-St. Louis Park) and Sen. Sandy Pappas (DFL-St. Paul) are the sponsors.

HF3336*/ SF3031/CH219

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