reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 116R - 116X — Business Development › Chapter 116R — Aircraft Facilities; State Financing › Section 116R.11 — Aircraft Facilities Funds And Debt Service Accounts.

116R.11 AIRCRAFT FACILITIES FUNDS AND DEBT SERVICE ACCOUNTS.
Subdivision 1.
Funds.
The commissioner or any trustee appointed by the commissioner under sections 116R.01 to 116R.15 shall establish and maintain an aircraft facilities fund for the project described in section 116R.02, subdivision 5. Except for amounts required by the commissioner to be deposited in a debt service account, proceeds of each issue of bonds authorized under section 116R.02, subdivision 1, must be deposited in a separate account, debt service reserve, or other account designated by the commissioner. Money in the account is appropriated to the commissioner. The commissioner or the owner of the project described in section 116R.02, subdivision 5, may withdraw proceeds of bonds for application to the appropriated purposes in the manner provided by order of the commissioner or in any indenture authorized by order of the commissioner. The commissioner may establish whatever accounts might be necessary to carry out sections 116R.01 to 116R.15. All deposits into and disbursements from accounts for the purposes and from the sources of revenue authorized by sections 116R.01 to 116R.15 and provided in an order of the commissioner or an indenture or other agreement authorized by the commissioner are appropriated for that purpose.
Subd. 2.
Accounts.
The commissioner of management and budget or any trustee appointed by the commissioner under sections 116R.01 to 116R.15 shall maintain permanently on official books and records debt service accounts separate from all other funds and accounts, to record all receipts and disbursements of money for principal and interest payments on each series of bonds. No later than the due date of each principal and interest payment on the bonds, the commissioner shall withdraw from the proceeds of the bonds, or from revenues on hand and available for the purpose, and shall deposit in the debt service accounts the amount, if any, required to be deposited in the account by the order of the commissioner or any indenture authorized by an order of the commissioner. All amounts in any debt service account are appropriated for the payment of principal, premiums, and interest for the bonds to which the account relates. If the Minnesota Constitution, article XI, section 7, applies to any series of bonds, amounts in the debt service account and any debt service reserve account established under section 116R.13 for the bonds, regardless of who holds or invests the amounts, must be special accounts of the state bond fund, for which the commissioner of management and budget shall maintain records. Amounts in the accounts must reduce any levy otherwise required by the Minnesota Constitution for payment of principal or interest on the bonds.
History:
1991 c 350 art 1 s 11; 2003 c 112 art 2 s 50; 2007 c 138 s 8,16; 2009 c 101 art 2 s 109
2023 Minnesota Statutes › Chapters 116R - 116X — Business Development › Chapter 116R — Aircraft Facilities; State Financing › Section 116R.12 — Powers And Duties Of Trustee.

116R.12 POWERS AND DUTIES OF TRUSTEE.
Subdivision 1.
General.
The trustee, if any, designated in any indenture or order securing an issue of bonds may, in the trustee's own name, if so provided in the indenture or order:
(1) enforce all rights of the bondholders, including the right to require the commissioner to collect fees, charges, interest, and payments on leases, loans, or interests therein held by the commissioner and eligible securities purchased by it adequate to carry out any agreement as to, or pledge of, those fees, charges, and payments, and to require the commissioner to carry out any other agreements with the holders of the bonds and to perform the duties required under sections 116R.01 to 116R.15;
(2) bring suit upon the bonds;
(3) require the commissioner to account as if it were the trustee of any express trust for the holders of the bonds;
(4) enjoin any acts or things which may be unlawful or in violation of the rights of holders of the bonds; or
(5) upon a default as defined in any bond, order, or indenture, declare all the bonds due and payable, enforce any remedy available under law, and if all defaults are made good, the trustee may annul the declaration and consequences.
Subd. 2.
Additional powers.
In addition to the powers in subdivision 1, the trustee has all of the powers necessary or appropriate for the exercise of any functions specifically set forth in this section or incident to the general representation of bondholders in the enforcement and protection of their rights.
Subd. 3.
Venue.
The venue of any action or proceedings brought by a trustee is in Ramsey County.
Subd. 4.
Approval.
The approval of the commissioner is not required if the bond trustee has taken control of the facility as a result of a default.
History:
1991 c 350 art 1 s 12; 2007 c 138 s 9,16
2023 Minnesota Statutes › Chapters 116R - 116X — Business Development › Chapter 116R — Aircraft Facilities; State Financing › Section 116R.14 — Construction.

116R.14 CONSTRUCTION.
Sections 116R.01 to 116R.15 are necessary for the welfare of the state of Minnesota and its inhabitants; therefore, they shall be liberally construed to effect their purpose.
History:
1991 c 350 art 1 s 14; 2007 c 138 s 16
2023 Minnesota Statutes › Chapters 116R - 116X — Business Development › Chapter 116R — Aircraft Facilities; State Financing › Section 116R.15 — Severability; Actions.

116R.15 SEVERABILITY; ACTIONS.
Each of the provisions of sections 116R.01 to 116R.15, and each application thereof to particular circumstances, is severable. If any provision or application is found to be unconstitutional and void, it is the intention that the remaining provisions and applications shall be valid and enforceable to the full extent possible under section 645.20.
History:
1991 c 350 art 1 s 15; 2007 c 138 s 16
2023 Minnesota Statutes › Chapters 116R - 116X — Business Development › Chapter 116S — Minnesota Business Finance, Inc. › Section 116S.01 — Definitions.

116S.01 DEFINITIONS.
Subdivision 1.
Applicability.
The definitions in this section apply to this chapter.
Subd. 2.
Board.
"Board" means the Board of Directors of Minnesota Business Finance, Inc.
Subd. 3.
Corporation.
"Corporation" means Minnesota Business Finance, Inc.
History:
1993 c 177 s 2
2023 Minnesota Statutes › Chapters 116R - 116X — Business Development › Chapter 116S — Minnesota Business Finance, Inc. › Section 116S.03 — Corporate Personnel.

116S.03 CORPORATE PERSONNEL.
Subdivision 1.
Generally.
The board shall appoint and set the compensation for the executive director, who serves as chief executive officer of the corporation. The executive director's compensation may not exceed 95 percent of the salary of the governor set under section 15A.082. The board may designate the executive director as its general agent. Subject to the approval of the board, the executive director shall employ staff consultants and other agents necessary to carry out the mission of the corporation.
Subd. 2.
Status of employees.
Employees, officers, and directors of the corporation are not state employees, but are covered by section 3.736 and, at the option of the board, may participate in the state retirement plan, the state deferred compensation plan for employees in the unclassified service, and an insurance plan administered by the commissioner of management and budget.
History:
1993 c 177 s 4; 2008 c 204 s 42; 2009 c 101 art 2 s 109
2023 Minnesota Statutes › Chapters 116R - 116X — Business Development › Chapter 116S — Minnesota Business Finance, Inc. › Section 116S.04 — Powers Of Corporation.

116S.04 POWERS OF CORPORATION.
Subdivision 1.
General corporate powers.
(a) The corporation has the powers granted to a nonprofit corporation by section 317A.161, except as otherwise provided in this chapter.
(b) Except as specified in section 116S.02, subdivision 10, the state is not liable for the obligations of the corporation.
(c) Section 317A.161 applies to this chapter and the corporation in the same manner that it applies to business corporations established under chapter 317A.
(d) The corporation is a state agency for purposes of the following accounting and budgeting requirements:
(1) financial reports and other requirements under section 16A.06;
(2) the state budget system under sections 16A.095, 16A.10, and 16A.11;
(3) the state allotment and encumbrance, and accounting systems under sections 16A.14, subdivisions 2, 3, 4, and 5; and 16A.15, subdivisions 2 and 3; and
(4) indirect costs under section 16A.127.
Subd. 2.
Duties.
(a) The corporation must qualify as a state development company for purposes of United States Code, title 15, section 697, as amended, and must comply with applicable Small Business Administration organizational, operational, regulatory, and reporting requirements.
(b) The corporation must also comply with the requirements of the Small Business Administration's section 504 loan program, United States Code, title 15, section 697a, as amended.
Subd. 3.
Membership.
The governor shall appoint at least 25 members of the corporation, who must be representatives of government, private-sector lending institutions, community organizations, and business organizations, as described in Code of Federal Regulations, title 13, section 108.503-1(d), as amended. The membership shall select the members of the board of directors in accordance with section 116S.02, subdivision 3. The board may submit names of persons for consideration by the governor in filling vacancies in the membership under this subdivision.
History:
1993 c 177 s 5
2023 Minnesota Statutes › Chapters 116R - 116X — Business Development › Chapter 116S — Minnesota Business Finance, Inc. › Section 116S.05 — Registered Name.

116S.05 REGISTERED NAME.
Notwithstanding section 317A.115, the secretary of state shall register the name "Minnesota Business Finance, Inc." on behalf of the corporation.
History:
1993 c 177 s 6
2023 Minnesota Statutes › Chapters 116R - 116X — Business Development › Chapter 116S — Minnesota Business Finance, Inc. › Section 116S.06 — Minnesota Business Finance Account.

116S.06 MINNESOTA BUSINESS FINANCE ACCOUNT.
The Minnesota business finance account is an account in the special revenue fund. Money in the account not needed for the immediate purposes of the corporation may be invested by the state Board of Investment in any way authorized by section 11A.24. Money in the account is appropriated to the corporation to be used as provided in this chapter.
History:
1993 c 177 s 7
2023 Minnesota Statutes › Chapters 116R - 116X — Business Development › Chapter 116S — Minnesota Business Finance, Inc. › Section 116S.08 — Annual Reports.

116S.08 ANNUAL REPORTS.
The board shall submit annual reports to the chairs of the Committee on Commerce and Economic Development of the house of representatives and the Committee on Jobs, Energy and Community Development of the senate and to the Small Business Administration on the activities of the corporation. The board shall supply more frequent reports if requested.
History:
1993 c 177 s 9
2023 Minnesota Statutes › Chapters 116R - 116X — Business Development › Chapter 116S — Minnesota Business Finance, Inc. › Section 116S.09 — Dissolution.

116S.09 DISSOLUTION.
In the event of dissolution of the corporation for any reason, the state, upon action by the governor, and after consultation with the Legislative Advisory Commission, may require the liquidation of all holdings and investments and the return of the proceeds of that liquidation and any wholly owned assets of the corporation to the state, in exchange for the assumption of all outstanding obligations of the corporation.
If the corporation is dissolved, or certain of its functions transferred to another entity, the assets and liabilities and property associated with the dissolved or transferred functions must return to the state or to the entity designated by laws.
History:
1993 c 177 s 10
2023 Minnesota Statutes › Chapters 116R - 116X — Business Development › Chapter 116S — Minnesota Business Finance, Inc. › Section 116S.10 — Successor Status.

116S.10 SUCCESSOR STATUS.
(a) Minnesota Business Finance, Inc. is the legal successor in all respects of Opportunities Minnesota Incorporated established under section 116J.985, and all assets and liabilities are transferred to it. The board of directors shall promptly upon appointment amend the relevant documents and file them with the secretary of state.
(b) The balance of the funds in the special revenue fund account currently allocated to Opportunities Minnesota Incorporated are transferred to the Minnesota business finance account for the purposes of sections 13.598, subdivision 3, and 116S.01 to 116S.09.
History:
1993 c 177 s 11; 1999 c 227 s 22
2023 Minnesota Statutes › Chapters 116R - 116X — Business Development › Chapter 116S — Minnesota Business Finance, Inc. › Section 116S.11 — Relationship To Other Certified Development Companies.

116S.11 RELATIONSHIP TO OTHER CERTIFIED DEVELOPMENT COMPANIES.
The corporation must refer all Small Business Administration 504 projects to a local certified development company if a local certified development company serves the area where the project is located. If the local certified development company is unable to assist a business it must inform the business that it can apply for the project through the corporation.
History:
1993 c 177 s 12
2023 Minnesota Statutes › Chapters 116R - 116X — Business Development › Chapter 116T — Northern Technology Initiative, Inc. › Section 116T.01 — Definitions.

116T.01 DEFINITIONS.
For purposes of this chapter:
(1) "board" means the Board of Directors of Northern Technology Initiative, Inc.; and
(2) "corporation" means Northern Technology Initiative, Inc.
History:
1Sp2001 c 10 art 2 s 53
2023 Minnesota Statutes › Chapters 116R - 116X — Business Development › Chapter 116T — Northern Technology Initiative, Inc. › Section 116T.03 — Corporate Personnel.

116T.03 CORPORATE PERSONNEL.
Subdivision 1.
Generally.
The board shall appoint and set the compensation for the executive director who serves as chief executive officer of the corporation. The compensation of the executive director may not exceed 85 percent of the governor's salary. The board may designate the executive director as its general agent. Subject to the approval of the board, the executive director shall employ staff consultants and other agents necessary to carry out the mission of the corporation.
Subd. 2.
Status of employees.
Employees, officers, and directors of the corporation are not state employees, but are covered by section 3.736 and, at the option of the board, employees may participate in the state retirement plan for employees in the unclassified service, the state deferred compensation plan, and an insurance plan administered by the commissioner of management and budget.
History:
1Sp2001 c 10 art 2 s 55; 2008 c 204 s 42; 2009 c 101 art 2 s 109
2023 Minnesota Statutes › Chapters 116R - 116X — Business Development › Chapter 116T — Northern Technology Initiative, Inc. › Section 116T.04 — Powers And Duties Of Corporation.

116T.04 POWERS AND DUTIES OF CORPORATION.
Subdivision 1.
Powers and duties.
(a) The corporation has the powers granted to a nonprofit corporation by section 317A.161, except as otherwise provided in this chapter.
(b) Except as specified in section 116T.02, subdivision 10, the state is not liable for the obligations of the corporation.
(c) Section 317A.161 applies to this chapter and the corporation in the same manner that it applies to business corporations established under chapter 317A.
Subd. 2.
Rules.
The corporation must publish in the State Register any guidelines, policies, or eligibility criteria prepared or adopted by the corporation for its programs.
History:
1Sp2001 c 10 art 2 s 56
2023 Minnesota Statutes › Chapters 116R - 116X — Business Development › Chapter 116T — Northern Technology Initiative, Inc. › Section 116T.06 — Dissolution.

116T.06 DISSOLUTION.
In the event of dissolution of the corporation for any reason, the bylaws must provide for return of the proceeds of that liquidation and any wholly owned assets of the corporation to the entities participating in Northern Technology Initiative, Inc. in exchange for the assumption of all outstanding obligations of the corporation.
History:
1Sp2001 c 10 art 2 s 58
2023 Minnesota Statutes › Chapters 116R - 116X — Business Development › Chapter 116U — Explore Minnesota › Section 116U.05 — Explore Minnesota.

116U.05 EXPLORE MINNESOTA.
Explore Minnesota is an office in the executive branch with a director appointed by the governor. The director is under the supervision of the commissioner of employment and economic development and oversees Explore Minnesota Tourism and Explore Minnesota for Business divisions. The director serves in the unclassified service and must be qualified by experience and training in related fields.
History:
2004 c 171 s 5; 2023 c 53 art 16 s 1
2023 Minnesota Statutes › Chapters 116R - 116X — Business Development › Chapter 116U — Explore Minnesota › Section 116U.06 — Explore Minnesota Tourism.

116U.06 EXPLORE MINNESOTA TOURISM.
Explore Minnesota Tourism is a division of Explore Minnesota and exists to support Minnesota's economy through promotion and facilitation of travel to and within the state of Minnesota.
History:
2023 c 53 art 16 s 2
2023 Minnesota Statutes › Chapters 116R - 116X — Business Development › Chapter 116U — Explore Minnesota › Section 116U.07 — Explore Minnesota For Business.

116U.07 EXPLORE MINNESOTA FOR BUSINESS.
Explore Minnesota for Business is a division of Explore Minnesota. Its mission is to promote overall livability and workforce and economic opportunity in Minnesota. Explore Minnesota for Business works in conjunction with the department of employment and economic development to establish and meet statewide goals in these areas.
History:
2023 c 53 art 16 s 3
2023 Minnesota Statutes › Chapters 116R - 116X — Business Development › Chapter 116U — Explore Minnesota › Section 116U.10 — Definitions.

116U.10 DEFINITIONS.
Subdivision 1.
Scope.
For the purposes of this chapter, the terms in this section have the meanings given them.
Subd. 2.
Director.
"Director" means the executive director of Explore Minnesota.
Subd. 3.
Office.
"Office" means Explore Minnesota.
History:
2004 c 171 s 6; 2023 c 53 art 16 s 4
2023 Minnesota Statutes › Chapters 116R - 116X — Business Development › Chapter 116U — Explore Minnesota › Section 116U.15 — Mission.

116U.15 MISSION.
(a) The mission of Explore Minnesota is to promote and facilitate increased travel to and within the state of Minnesota, promote overall livability, and promote workforce and economic opportunity in Minnesota. To further the mission of Explore Minnesota, the office is advised by councils focused on tourism and talent attraction and business marketing. Its goals are to:
(1) expand public and private partnerships through increased interagency efforts and increased tourism and business industry participation;
(2) increase productivity through enhanced flexibility and options; and
(3) use innovative fiscal and human resource practices to manage the state's resources and operate the office as efficiently as possible.
(b) The director shall report to the legislature on the performance of the office's operations and the accomplishment of its goals in the office's biennial budget according to section 16A.10, subdivision 1.
History:
2004 c 171 s 7; 2023 c 53 art 16 s 5
2023 Minnesota Statutes › Chapters 116R - 116X — Business Development › Chapter 116U — Explore Minnesota › Section 116U.20 — Organization.

116U.20 ORGANIZATION.
The director shall:
(1) employ assistants and other officers, employees, and agents that the director considers necessary to discharge the functions of the office;
(2) define the duties of the officers, employees, and agents, and delegate to them any of the director's powers, duties, and responsibilities, subject to the director's control and under conditions prescribed by the director;
(3) oversee the overall strategy and budgets of the Tourism and Business divisions; and
(4) chair or cochair and oversee the Tourism and Business councils.
History:
2004 c 171 s 8; 2023 c 53 art 16 s 6
2023 Minnesota Statutes › Chapters 116R - 116X — Business Development › Chapter 116U — Explore Minnesota › Section 116U.242 — Explore Minnesota For Business Council.

116U.242 EXPLORE MINNESOTA FOR BUSINESS COUNCIL.
(a) The director shall be advised by the Explore Minnesota for Business Council consisting of up to 14 voting members appointed by the governor for four-year terms, including:
(1) the director of Explore Minnesota and the commissioner of employment and economic development, who serve as cochairs;
(2) three representatives in marketing, human resources, or executive leadership from Minnesota-based companies with more than 100 employees representing Minnesota's key industries, including health care, technology, food and agriculture, manufacturing, retail, energy, and support services;
(3) two representatives from statewide or regional marketing or business association leadership, the Iron Range, and nonprofits focused on economic development or human resource management;
(4) one representative from a Minnesota college or university staff, faculty, leadership, student leadership, or alumni association;
(5) one member representing Minnesota's start-up and entrepreneurial industry who has started at least one Minnesota-based business in the last five years and has at least 20 employees;
(6) two representatives from the Minnesota Indian Affairs Council and Minnesota Tribal leadership, including casino management;
(7) two representatives from Minnesota's Ethnic Chambers of Commerce Leadership and the Minnesota Chamber of Commerce; and
(8) one at-large representative in the field of general marketing, talent attraction, or economic development.
(b) The council shall act to serve the broader interest of promoting overall livability and workforce and economic opportunity in Minnesota. Members shall advise Explore Minnesota for Business' marketing efforts by emphasizing and prioritizing diversity, equity, inclusion, and accessibility and providing professional marketing insights.
History:
2023 c 53 art 16 s 8
2023 Minnesota Statutes › Chapters 116R - 116X — Business Development › Chapter 116U — Explore Minnesota › Section 116U.35 — Promotional Expenses.

116U.35 PROMOTIONAL EXPENSES.
To promote travel, tourism, workforce and economic development, and overall livability of the state, the director may expend money appropriated by the legislature for these purposes in the same manner as private persons, firms, corporations, and associations make expenditures for these purposes. Policies on promotional expenses must be approved by the commissioner of administration. A policy for expenditures on food, lodging, and travel must be approved by the commissioner of management and budget. No money may be expended for the appearance in radio or television broadcasts by an elected public official.
History:
2004 c 171 s 11; 2008 c 204 s 42; 2009 c 101 art 2 s 109; 2023 c 53 art 16 s 10
2023 Minnesota Statutes › Chapters 116R - 116X — Business Development › Chapter 116U — Explore Minnesota › Section 116U.40 — Specific Agreements Prohibited.

116U.40 SPECIFIC AGREEMENTS PROHIBITED.
The director may not enter into an agreement which would obligate the state to pay any part of a debt incurred by a public or private facility, organization, or attraction.
History:
2004 c 171 s 12
2023 Minnesota Statutes › Chapters 116R - 116X — Business Development › Chapter 116U — Explore Minnesota › Section 116U.45 — Sale Of Publications And Promotional Materials; Fees; Advertising.

116U.45 SALE OF PUBLICATIONS AND PROMOTIONAL MATERIALS; FEES; ADVERTISING.
(a) The director may sell reports, publications, or related publicity or promotional material of the office as the director determines.
(b) Fees for reports, publications, or related publicity or promotional material are not subject to section 14.386 or to the rulemaking requirements of chapter 14 in general and are not subject to section 16A.1283 or 16A.1285. The fees prescribed by the director must be commensurate with the distribution objective of the office for the material produced or with the cost of furnishing the services.
(c) Office publications may contain advertising and may receive advertising revenue from profit and nonprofit organizations, associations, individuals and corporations, and other state, federal, or local government agencies. The director shall set advertising rates and fees commensurate with services rendered and distribution objectives.
Revenue under this section is governed by section 116U.50.
History:
2004 c 171 s 13
2023 Minnesota Statutes › Chapters 116R - 116X — Business Development › Chapter 116U — Explore Minnesota › Section 116U.50 — Revenue.

116U.50 REVENUE.
All revenue received by the office must be deposited in a special revenue account and is appropriated to the director for the purposes of this chapter. The money does not cancel and is available until expended.
History:
2004 c 171 s 14
2023 Minnesota Statutes › Chapters 116R - 116X — Business Development › Chapter 116U — Explore Minnesota › Section 116U.55 — Gifts, Grants, And Endowments; Account.

116U.55 GIFTS, GRANTS, AND ENDOWMENTS; ACCOUNT.
Subdivision 1.
Acceptance of gifts and grants.
The office may accept gifts of money, property, or services, may apply for and accept grants from the United States, the state, a subdivision of the state, or a person for any of its purposes; may enter into an agreement required in connection with it; and may hold, use, and dispose of the money, property, or services in accordance with the terms of the gift, grant, or agreement relating to it. The office may also make grants, gifts, and bequests of money, property, or services and enter into contracts to carry out the same. The gift acceptance procedures of sections 16A.013 to 16A.016 do not apply to this section.
Subd. 2.
Outdoor recreation promotion account.
Gifts and grants received by the office for promoting outdoor recreation must be deposited in an outdoor recreation promotion account in the special revenue fund. Money in the account, including interest earned, is appropriated to the director for the purposes specified in the gift or grant.
History:
2004 c 171 s 15; 1Sp2019 c 4 art 3 s 106
2023 Minnesota Statutes › Chapters 116R - 116X — Business Development › Chapter 116V — Agricultural Utilization Research Institute › Section 116V.02 — Agricultural Project Utilization Account.

116V.02 AGRICULTURAL PROJECT UTILIZATION ACCOUNT.
The agricultural project utilization account is an account in the special revenue fund. Money in the account is appropriated to the Agricultural Utilization Research Institute to be used for agricultural research grants as provided in section 116V.01, subdivision 5, and for the Agricultural Utilization Research Institute.
History:
1987 c 386 art 2 s 13; 1989 c 335 art 4 s 60; 2008 c 290 s 13
2023 Minnesota Statutes › Chapters 116R - 116X — Business Development › Chapter 116X — Environment And Natural Resources Trust Fund Community Grants › Section 116X.01 — Definitions.

116X.01 DEFINITIONS.
Subdivision 1.
Applicability.
The definitions in this section apply to this chapter.
Subd. 2.
Advisory council.
"Advisory council" means the council created under section 116X.05.
Subd. 3.
Commissioner.
"Commissioner" means the commissioner of natural resources.
Subd. 4.
Grant program.
"Grant program" means the program established under section 116X.03.
History:
2023 c 67 art 2 s 3
NOTE:
This section, as added by Laws 2023, chapter 67, article 2, section 3, is effective the day after the day on which the constitutional amendment in Laws 2023, chapter 67, article 1, section 1, is approved by the voters at the 2024 general election. Laws 2023, chapter 67, article 2, section 3, the effective date.
2023 Minnesota Statutes › Chapters 117 - 119 — Eminent Domain; Local Depositories And Investments › Chapter 117 — Eminent Domain › Section 117.012 — Preemption; Public Use Or Purpose.

117.012 PREEMPTION; PUBLIC USE OR PURPOSE.
Subdivision 1.
Preemption.
Notwithstanding any other provision of law, including any charter provision, ordinance, statute, or special law, all condemning authorities, including home rule charter cities and all other political subdivisions of the state, must exercise the power of eminent domain in accordance with the provisions of this chapter, including all procedures, definitions, remedies, and limitations. Additional procedures, remedies, or limitations that do not deny or diminish the substantive and procedural rights and protections of owners under this chapter may be provided by other law, ordinance, or charter.
Subd. 2.
Requirement of public use or public purpose.
Eminent domain may only be used for a public use or public purpose.
Subd. 3.
Exceptions.
This chapter does not apply to the taking of property under laws relating to drainage or to town roads when those laws themselves expressly provide for the taking and specifically prescribe the procedure. The taking of property for a project undertaken by a watershed district under chapter 103D or for a project undertaken by a drainage authority under chapter 103E may be carried out under the procedure provided by those chapters.
History:
2006 c 214 s 1
2023 Minnesota Statutes › Chapters 117 - 119 — Eminent Domain; Local Depositories And Investments › Chapter 117 — Eminent Domain › Section 117.016 — Joint Acquisition Of Land.

117.016 JOINT ACQUISITION OF LAND.
Subdivision 1.
State or any of its agencies or political subdivisions.
Whenever the state or any of its agencies or political subdivisions thereof is acquiring property for a public purpose and it is determined that a portion or a part of a tract of land is necessary for its particular public purpose and that other portions or parts of the same tract of land or the remainder thereof are needed by another agency or political subdivision of the state for a public purpose, the state or its agencies or political subdivisions desiring such lands or parts thereof may enter into an agreement each with the other for the joint acquisition of such lands by eminent domain proceedings.
Subd. 2.
Agreement to state purpose and describe land.
Such agreement shall state the purpose of the land acquisitions and shall describe the particular portion or part of the tract of land desired by each of the public bodies and shall include provisions for the division of the cost of acquisition of such properties and all expenses incurred therein.
Subd. 3.
Procedure.
The proceedings in eminent domain for the acquisition of the lands so desired shall be instituted and carried to completion in the names of the parties to the agreement describing the lands each shall acquire but for the purposes of the proceedings and for ascertaining the damages for the taking, the lands so acquired shall be treated as one parcel.
History:
1971 c 595 s 2
2023 Minnesota Statutes › Chapters 117 - 119 — Eminent Domain; Local Depositories And Investments › Chapter 117 — Eminent Domain › Section 117.027 — Condemnation For Blight Mitigation And Contamination Remediation.

117.027 CONDEMNATION FOR BLIGHT MITIGATION AND CONTAMINATION REMEDIATION.
Subdivision 1.
Buildings not structurally substandard in areas of blight mitigation; feasible alternatives.
In taking property to mitigate blight, a condemning authority must not take buildings that are not structurally substandard unless there is no feasible alternative to the taking of the parcels on which the buildings are located in order to remediate the blight and all possible steps are taken to minimize the taking of buildings that are not structurally substandard.
Subd. 2.
Uncontaminated property in environmental contamination remediation areas; feasible alternatives.
In taking property to remediate environmental contamination, a condemning authority must not take uncontaminated parcels in the area unless there is no feasible alternative to the taking of the uncontaminated parcels in order to complete remediation of the contaminated parcels and all possible steps are taken to minimize the taking of the uncontaminated parcels.
Subd. 3.
Contribution to condition by developer disallowed.
If a developer involved in the redevelopment of the project area contributed to the blight or environmental contamination within the project area, the condition contributed to by the developer must not be used in the determination of blight or environmental contamination.
History:
2006 c 214 s 3
2023 Minnesota Statutes › Chapters 117 - 119 — Eminent Domain; Local Depositories And Investments › Chapter 117 — Eminent Domain › Section 117.031 — Attorney Fees.

117.031 ATTORNEY FEES.
(a) If the final judgment or award for damages, as determined at any level in the eminent domain process, is more than 40 percent greater than the last written offer of compensation made by the condemning authority prior to the filing of the petition, the court shall award the owner reasonable attorney fees, litigation expenses, appraisal fees, other experts fees, and other related costs in addition to other compensation and fees authorized by this chapter. If the final judgment or award is at least 20 percent, but not more than 40 percent, greater than the last written offer, the court may award reasonable attorney fees, expenses, and other costs and fees as provided in this paragraph. The final judgment or award of damages shall be determined as of the date of taking. No attorney fees shall be awarded under this paragraph if the final judgment or award of damages does not exceed $25,000. For the purposes of this section, the "final judgment or award for damages" does not include any amount for loss of a going concern unless that was included in the last written offer by the condemning authority.
(b) In any case where the court determines that a taking is not for a public use or is unlawful, the court shall award the owner reasonable attorney fees and other related expenses, fees, and costs in addition to other compensation and fees authorized by this chapter.
History:
2006 c 214 s 4
2023 Minnesota Statutes › Chapters 117 - 119 — Eminent Domain; Local Depositories And Investments › Chapter 117 — Eminent Domain › Section 117.035 — Proceedings, By Whom Instituted.

117.035 PROCEEDINGS, BY WHOM INSTITUTED.
If such property be required for any authorized purpose of the state, the proceeding shall be taken in the name of the state by the attorney general upon request of the officer, board, or other body charged by law with the execution of such purpose; if by a corporation or other body, public or private, authorized by law to exercise the power of eminent domain, in its corporate or official name and by the governing body thereof; and if by an individual so authorized, in the individual's own name.
History:
1971 c 595 s 4; 1986 c 444; 2006 c 214 s 20
2023 Minnesota Statutes › Chapters 117 - 119 — Eminent Domain; Local Depositories And Investments › Chapter 117 — Eminent Domain › Section 117.0412 — Local Government Public Hearing Requirements.

117.0412 LOCAL GOVERNMENT PUBLIC HEARING REQUIREMENTS.
Subdivision 1.
Definitions.
For the purposes of this section:
(1) "local government" means the elected governing body of a statutory or home rule charter city, county, or township; and
(2) "local government agency" means a subdivision, agency, authority, or other entity created by or whose members are appointed by the local government, including a port authority, economic development authority, housing and redevelopment authority, or other similar entity established under law.
Subd. 2.
Public hearing; vote by local government governing body.
(a) If the taking is for the mitigation of a blighted area, remediation of an environmentally contaminated area, reducing abandoned property, or removing a public nuisance, a public hearing must be held before a local government or local government agency commences an eminent domain proceeding under section 117.055. The local government must notify each owner of property that may be acquired in writing by certified mail of the public hearing on the proposed taking, post the public hearing information on the local government's website, if any, and publish notice of the public hearing in a newspaper of general circulation in the local government's jurisdiction. Notice must be provided at least 30 days but not more than 60 days before the hearing.
(b) Any interested person must be allowed reasonable time to present relevant testimony at the public hearing. The proceedings of the hearing must be recorded and available to the public for review and comment at reasonable times and a reasonable place. At the next regular meeting of the local government that is at least 30 days after the public hearing, the local government must vote on the question of whether to authorize the local government or local government agency to use eminent domain to acquire the property.
Subd. 3.
Resolution.
If the taking is for the mitigation of a blighted area, remediation of an environmentally contaminated area, reducing abandoned property, or removing a public nuisance, then the resolution of a local government or local government agency authorizing the use of eminent domain must:
(1) identify and describe the public costs and benefits that are known or expected to result from the program or project for which the property interest is proposed to be acquired; and
(2) address how the acquisition of the property interest serves one or more identified public uses or public purposes and why the acquisition of the property is needed to accomplish those public uses or public purposes.
History:
2006 c 214 s 6
2023 Minnesota Statutes › Chapters 117 - 119 — Eminent Domain; Local Depositories And Investments › Chapter 117 — Eminent Domain › Section 117.042 — Possession.

117.042 POSSESSION.
Whenever the petitioner shall require title and possession of all or part of the owner's property prior to the filing of an award by the court appointed commissioners, the petitioner shall, at least 90 days prior to the date on which possession is to be taken, notify the owner of the intent to possess by notice served by certified mail and before taking title and possession shall pay to the owner or deposit with the court an amount equal to petitioner's approved appraisal of value. Amounts deposited with the court shall be paid out under the direction of the court. If it is deemed necessary to deposit the above amount with the court the petitioner may apply to the court for an order transferring title and possession of the property or properties involved from the owner to the petitioner. In all other cases, petitioner has the right to the title and possession after the filing of the award by the court appointed commissioners as follows:
(1) if appeal is waived by the parties upon payment of the award;
(2) if appeal is not waived by the parties upon payment or deposit of three-fourths of the award. The amount deposited shall be deposited by the court administrator in an interest bearing account no later than the business day next following the day on which the amount was deposited with the court. All interest credited to the amount deposited from the date of deposit shall be paid to the ultimate recipient of the amount deposited.
Nothing in this section shall limit rights granted in section 117.155.
History:
1971 c 595 s 6; 1975 c 218 s 1; 1976 c 72 s 1; 1978 c 674 s 60; 1981 c 8 s 1; 1Sp1986 c 3 art 1 s 82
2023 Minnesota Statutes › Chapters 117 - 119 — Eminent Domain; Local Depositories And Investments › Chapter 117 — Eminent Domain › Section 117.043 — Compelling Delivery Of Possession.

117.043 COMPELLING DELIVERY OF POSSESSION.
Subdivision 1.
Conditions required for court to issue relief.
A court having jurisdiction over an eminent domain proceeding may issue an order compelling delivery of possession of the property under any of the following conditions:
(1) the court has issued an order authorizing transfer of title and possession and the petitioner has paid or deposited its approved appraisal value under section 117.042; or
(2) the petitioner has acquired title of the real estate.
If one of these conditions is met, the court may issue an order compelling delivery of possession of the property upon: (i) the affidavit of the petitioner; (ii) notice to the occupants of the acquired real estate and others claiming a right to remain in possession of it; and (iii) a hearing. Notice of the hearing must be given in the same way as notice of a motion under the Rules of Civil Procedure. In case of hardship the court may delay enforcement of an order compelling delivery of possession for a period not to exceed seven days. Unless otherwise allowed by the court, the matter must be considered solely on the basis of arguments of counsel and affidavits.
Subd. 2.
Award of fees and costs.
Following notice and hearing, if the occupant, in bad faith, has failed to deliver possession of the real estate in accordance with either an order issued under section 117.042 or an order issued under this section, the court, upon application by the petitioner, may award to the petitioner, and against the occupant, the attorney fees, costs, and disbursements that were actually incurred by the petitioner in getting possession of the real estate.
History:
1987 c 287 s 1
2023 Minnesota Statutes › Chapters 117 - 119 — Eminent Domain; Local Depositories And Investments › Chapter 117 — Eminent Domain › Section 117.045 — Compelling Acquisition In Certain Cases.

117.045 COMPELLING ACQUISITION IN CERTAIN CASES.
Upon successfully bringing an action compelling an acquiring authority to initiate eminent domain proceedings relating to a person's real property which was omitted from any current or completed eminent domain proceeding, such person shall be entitled to petition the court for reimbursement for reasonable costs and expenses, including reasonable attorney, appraisal and engineering fees, actually incurred in bringing such action. Such costs and expenses shall be allowed only in accordance with the applicable provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Statutes at Large, volume 84, page 1894 (1971), any acts amendatory thereof, any regulations duly adopted pursuant thereto, or rules duly adopted by the state of Minnesota, its agencies or political subdivisions pursuant to law.
History:
1971 c 595 s 7; 1985 c 248 s 70; 1986 c 444
2023 Minnesota Statutes › Chapters 117 - 119 — Eminent Domain; Local Depositories And Investments › Chapter 117 — Eminent Domain › Section 117.054 — Copies Of Appraisal To Landowner.

117.054 COPIES OF APPRAISAL TO LANDOWNER.
A public utility, municipal utility, cooperative electric association, natural gas pipeline or crude oil or petroleum products pipeline company must provide the property owner with a copy of each appraisal it has obtained for a property before presenting a petition under section 117.055 to acquire the property.
History:
2008 c 296 art 1 s 4
2023 Minnesota Statutes › Chapters 117 - 119 — Eminent Domain; Local Depositories And Investments › Chapter 117 — Eminent Domain › Section 117.055 — Petition And Notice.

117.055 PETITION AND NOTICE.
Subdivision 1.
Petition.
In all cases a petition, describing the desired land, stating by whom and for what purposes it is proposed to be taken, and giving the names of all persons appearing of record or known to the petitioner to be the owners thereof shall be presented to the district court of the county in which the land is situated praying for the appointment of commissioners to appraise the damages which may be occasioned by such taking.
Subd. 2.
Notice.
(a) Notice of the objects of the petition and of the time and place of presenting the same shall be served at least 20 days before such time of presentation upon all persons named in the petition as owners as defined in section 117.025, subdivision 3, and upon all occupants of such land in the same manner as a summons in a civil action.
(b) The notice must state that:
(1) a party wishing to challenge the public use or public purpose, necessity, or authority for a taking must appear at the court hearing and state the objection or must appeal within 60 days of a court order; and
(2) a court order approving the public use or public purpose, necessity, and authority for the taking is final unless an appeal is brought within 60 days after service of the order on the party.
(c) If any such owner be not a resident of the state, or the owner's place of residence be unknown to the petitioner, upon the filing of an affidavit of the petitioner or the petitioner's agent or attorney, stating that the petitioner believes that such owner is not a resident of the state, and that the petitioner has mailed a copy of the notice to the owner at the owner's place of residence, or that after diligent inquiry the owner's place of residence cannot be ascertained by the affiant, then service may be made upon such owner by three weeks' published notice. If the state be an owner, the notice shall be served upon the attorney general. Any owner not served as herein provided shall not be bound by such proceeding except upon voluntarily appearing therein. Any owner shall be furnished a right-of-way map or plat of all that part of land to be taken upon written demand, provided that the petitioner shall have ten days from the receipt of the demand within which to furnish the same. Any plans or profiles which the petitioner has shall be made available to the owner for inspection.
History:
1971 c 595 s 8; 1986 c 444; 2006 c 214 s 7
2023 Minnesota Statutes › Chapters 117 - 119 — Eminent Domain; Local Depositories And Investments › Chapter 117 — Eminent Domain › Section 117.065 — Notices Of Pendency And Abandonment; Required Recordings.

117.065 NOTICES OF PENDENCY AND ABANDONMENT; REQUIRED RECORDINGS.
At the time of filing the petition the petitioner shall record a notice of the pendency of the proceeding, describing with reasonable certainty the lands affected and for what purpose they are to be taken. The notice shall be recorded as follows:
(1) if the lands are registered lands, with the registrar of titles;
(2) if the lands are nonregistered, with the county recorder;
(3) if the lands are both registered and nonregistered, with both the registrar and the county recorder.
If the proceeding be abandoned in whole or in part the petitioner shall within ten days thereafter record a notice to that effect, describing with reasonable certainty the lands so abandoned. The notice of abandonment shall be recorded in the same places as the notice of the pendency of the proceeding.
History:
1971 c 595 s 9; 1976 c 181 s 2; 1995 c 106 s 1; 2005 c 4 s 29