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MN HF2630

Bill

Status

Introduced

3/1/2012

Primary Sponsor

Steve Drazkowski

Click for details

Origin

House of Representatives

87th Legislature 2011-2012

AI Summary

  • Creates a new cause of action in Minnesota Statutes chapter 557 for property owners to seek compensation when governmental actions "inordinately burden" existing uses or vested rights to property, even if the action does not constitute a constitutional taking.

  • Requires property owners to provide 150 days' written notice to governmental entities before filing suit, including a valid appraisal demonstrating loss in fair market value.

  • Requires governmental entities to make a written settlement offer during the notice period with options including adjusting development standards, transferring developmental rights, land swaps, mitigation payments, or purchasing the property.

  • Allows district courts to determine whether an inordinate burden exists and, if so, impanel a jury to calculate compensation based on the difference in fair market value before and after the governmental action, plus prejudgment interest.

  • Authorizes courts to award costs and reasonable attorney fees to the prevailing party if the non-prevailing party failed to make or accept a bona fide settlement offer that reasonably would have resolved the claim.

Legislative Description

Regulatory taking compensation provided which do not arise to the level of taking under constitutional analysis, and attorney fee payment authorized.

Last Action

Introduction and first reading, referred to Civil Law

3/1/2012

Committee Referrals

Civil Law3/1/2012

Full Bill Text

No bill text available