On Monday, May 15 th , 2006 both the Minnesota Senate and Minnesota House passed the legislation supported by Minnesotans for Eminent Domain Reform. The Senate passed the bill by a vote of 56-9, and the House of Representatives passed the legislation 115-17.

Eminent domain is the power of government to take private property for public use. The Takings Clause of the fifth Amendment of the U.S. Constitution says that private property may not be taken for public use without just compensation. Similar provisions exist in the Minnesota Constitution.

Traditionally eminent domain has been used to acquire land for such public uses as roads, public buildings, and parks. In recent years, the trend has been to use eminent domain for economic development purposes or as a tool for redeveloping blighted areas. In some instances, rather than acquiring land for a specific public works project, local governments have been taking land from one private owner and giving it to another private owner, reasoning that the new development will be economically beneficial to the residents of the community, even if it is a private development. The issue of whether such public benefits can be considered a public use under the federal Takings Clause was at the center of the Kelo v. City of New London , U.S. Supreme Court decision in June 2005. The court ruled that the city of New London 's economic development plan qualified as a public use within the meaning of the Takings Clause.

Concern over this ruling - and especially the interpretation of the phrase "public use" - led to calls for clarification of Minnesota 's existing laws. The 2006 Minnesota Legislature responded by passing Laws of Minnesota 2006, Chapter 214 . The law states that "eminent domain may only be used for a public use or public purpose", and further clarifies that the "public benefits of economic development, including an increase in tax base, tax revenues, employment, or general economic health, do not by themselves constitute a public use or public purpose". Other issues addressed are condemnation for blight mitigation or contamination remediation, local government public hearing requirements, and compensation procedures.

The Ulanowski Law Firm can assist you from the initial notice of an eminent domain action through potential court action, if necessary. We advocate for our clients and work towards achieving the highest price for your real property. Eminent domain cases are very detail orientated and litigation may or may not be in our clients' best financial interests. We will advocate and pursue a resolution for you in order to reach a settlement for your real property.

** The above information is meant to be informative only. Please consult with an attorney for legal advice.