§ 117.012 — Preemption; Public Use or Purpose
Plain-Language Summary
This section says that all government bodies in Minnesota must follow the same eminent domain rules in this chapter. Eminent domain can only be used for a public use or public purpose. Drainage and town road projects have their own separate rules.
117.012 PREEMPTION; PUBLIC USE OR PURPOSE.
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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:
History: History:
2006 c 214 s 1