State Rep. Sondra Erickson Responds
Richard, you are so right on the property rights issue as a result of
the Supreme Court decision and on the Ninth Commandment. The House of
Representatives has already introduced legislation to place state law
over federal court decision and will debate it in 2006.
Here is the text as introduced, but let me know what you think:
Sondra
H.F. No. 132, as introduced - 2005 1st Special Session Posted on
Jul 13, 2005
1.1 A bill for an act
1.2 relating to eminent domain; prohibiting use of
eminent
1.3 domain in certain circumstances; proposing coding for
1.4 new law in Minnesota Statutes, chapter 469.
1.5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [469.401] [LIMIT ON ACQUISITION BY EMINENT
1.7 DOMAIN UNDER THIS CHAPTER.]
1.8 Eminent domain must not be used to acquire real property
1.9 for any purpose authorized in this chapter if the property
1.10 acquired is intended to be sold, leased, transferred, or
1.11 otherwise conveyed to a person or nongovernmental entity
without
1.12 the power of eminent domain.
1.13 [EFFECTIVE DATE.] This section is effective the day
1.14 following final enactment and applies to eminent domain
1.15 proceedings commenced on or after the day following final
1.16 enactment.
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