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HomeMy WebLinkAbout2011 10-20 CHCAOCTOBER 20, 2011 MEETING OF THE BROOKLYN CENTER CHARTER COMMISSION Brooklyn Center, Minnesota City Hall Council/Commission Conference Room AGENDA 1. Call to Order: 6:30 p.m. 2. Roll Call 3. Consideration of the Minutes of September 22, 2011 Meeting a. Commissioners not at that Meeting will be shown as abstaining 4. Old Business a. Introduction of new Commissioners b. Report of sub-committee on eminent domain language c. Consideration of eminent domain changes 5. New Business a. Gifts for former Commissioners b. Any other new business? 6. Future Meeting dates a. Appointment of Nominating Committee 7. Adjournment i CHAPTER 9 EMINENT DOMAIN �-a c0 VV% Section 901 POWER TO ACQUIRE PROPERTY The City may acquire by purchase, gift, devise or condemnation any property, real or personal, corporeal or incorporeal, either within or without its corporate boundaries, which may be needed by the City for-any a`public use or public purpose. Easements for slopes, fills, access, drainage, sewers, building lines, poles, wires, pipes, and conduits for water, gas, heat and power may be acquired by gift, devise, purchase or condemnation in the manner provided by law. Subdivision 1 Public use; public purpose. (a) "Public use" or "Public,purpose" means, exclusively: (1) the possession, occu ation, ownership and enjoyment of the land by the general public, or by public agencies; (2) the creation or functioning of a public service corporation; or (3) mitigation of a blighted area, remediation of an environmentally contaminated area reduction of aban(31)11!!: 2 property, or removal of a public nuisance. (b) The public benefits of economic development, including an increase in tax base, tax revenues, emp oyment, or genera econom alth, do no y emse v-8; norn—s i u e a is use or p—UDIIC purpose. Section 902 PROCEEDINGS IN ACQUIRING PROPERTY The necessity for the taking of any C property by the City shall be determined by the Council and shall be declared by a resolution which shall describe such property clearly and state the use to which it is to be devoted, In acquiring property by exercising the power of eminent domain the City shall proceed according to the laws of this state except as otherwise provided in this charter, Section 903 PAYMENT OF AWARD The City shalljwithin seventy 70 days after the filing of the commissioner's repo or in case of an appeal within forty five 45 days after the final judgments or stipulations of settlement thereon, pay any award of damages allowed pursuant to this section and State law whether by the commissioners or upon appeal. If not paid on time the court, on motion of the owner of the land, shall vacate the award_ and dismiss the procee ings against the land. Section 904 CITY MAY DISMISS PROCEEDINGS The City may dismiss all or part of the property being acquired in a condemnation proceedings so long as the dismissal is filed with the proper court prior to the expiration of the time for an appeal or before entry of judgment if an appeal has been taken. When the proceeding is dismissed, the City shall pay all reasonable costs and expenses incurred by the condemnee including attorney's fees. The city has a 20 day free-look period from the initiation of eminent domain to dismiss proceedings or the city is obligate to pursue the offer. Section 905 CITY MAY TAKE ENTIRE PLANT If the City condemns a public utility which is operated at the time of the commencement of the condemnation proceeding as one property or one system it shall not be necessary in the condemnation proceedings or any of the proceedings of the Council to describe or treat separately the different kinds of property composing such system but all of the property lands articles franchises franchise values and rights which comprise such system may unless otherwise ordered by the court be treated together as one property and an award for the whole property in one lump sum may be made by the commissioners or other body assessing the damages on condemnation This does not prevent the City when the plant and property are separable into distinct parts from acquiring only such part or parts thereof as may be necessary in the public interest.