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Eminent Domain Legislation Passes EDITOR’S CORNER ■ Continued From Cover Bonding For A Better Minnesota candidates assured for all statewide positions. The But right now, the sun is shining, the grass is green, flowers Independence Party will hold its state convention on June are blooming and someplace in Minnesota a baseball game Marnie Moore 24, 2006. But just to keep it interesting, critical primaries is being played. Enjoy your summer!! apparently will be needed to determine the DFL candidate Published by the Government Relations Group END OF SESSION • 2006 After a promising start, a roller- with a vote of 111-21 in the House to the Perpich Center for Arts for governor and 5th District congressperson, respectively. If you would like to have your name added to the mailing coaster ride of contentious and 60-6 in the Senate. Although Education in Golden Valley. Attorney general Mike Hatch will be challenged by state list for future issues of CapitolWatch, please let us know. We conference committee meetings not everyone got what they wanted senator Becky Lourey for governor; state representative hope you enjoy this issue of CapitolWatch! Please contact us Eminent Domain Legislation Passes and final negotiations behind the this year, enough projects were If you love the outdoors, $100.7 Keith Ellison is being challenged by Paul Ostrow, Ember with any questions about topics discussed in this or future EDITOR’S CORNER Julie Perrus locked door of the governor’s funded to deem the bill an overall million was provided to preserve, Reichgott Junge and Mike Erlandson. These will be issues. We always welcome your feedback. ■ office, the 2006 session brought success. enhance and further the enjoyment seriously contested primaries, consuming campaign time Peter Coyle forward a bonding bill of noteworthy of Minnesota’s natural resources. and resources, while the Republican challenger (at least in The final passage of legislation to requires proof by a “preponderance proportions. In total, the bill the governor’s race), will be able to focus on November’s reform the eminent domain process of the evidence” versus the historical The 2006 session of the Minnesota allocated nearly one billion dollars In total, the bill If you love animals, Como Zoo election. in Minnesota surprised few at the “substantial evidence” standard. Legislature is a wrap, with no for bonding projects from agricul- in St. Paul will receive $9 million, Capitol. The ability of local govern- prospect for a special session in tural labs to zoological gardens. the Minnesota Zoo in Apple Valley allocated nearly ments to use this power to facilitate Local governments argue that the sight. It was a session marked $7.5 million, the Lake Superior economic development by taking new law goes too far and will limit by minimal partisan strife, though Pressure was on from the beginning one billion dollars Zoo $600,000 and the Little Falls private property to benefit private their ability to address nuisance notably a bonding bill, two stadiums to guarantee passage of this for bonding projects Zoo $400,000. Larkin Hoffman’s business interests has been strictly properties and contaminated areas. important bill, based in part on Government Relations Department limited under the new law, most One provision that was hotly debated and major reform of the process the failure to pass a bonding bill from agricultural labs If you hate traffic, $60 million of which took effect on May 21, is a much more limited definition of for condemning property were during the 2004 session (the bill is allocated for the Northstar 2006. Property rights advocates “blight,” which in urban use areas completed. While the state’s budget was eventually passed in 2005). to zoological gardens. commuter rail line running from GERALD L. SECK is a shareholder and JULIE L. PERRUS is an associate with herald the new law as a victory for requires that 50 percent of the picture is much improved compared Both Republicans and Democrats Big Lake to Minneapolis. member of the Government Relations Larkin Hoffman and is a member of the Minnesota property owners. buildings to be taken be structurally to recent years, there was limited were well aware that a failed practice group at Larkin Hoffman. Jerry has firm’s Government Relations and Land Use substandard. The law defines a available cash to fund splashy big bonding bill could be detrimental Bonding At A Glance If you support education, over been an active lobbyist at the Minnesota and Real Estate practice groups. Julie has Sponsored by Representative Jeff “structurally substandard” building initiatives. Consequently, initiatives to legislators during an election 30% of the total bonding bill is Legislature since 1971 and has lobbied for experience working with legislators and Johnson (R-Plymouth) and Senator as a building that: (1) has been a variety of clients and issues for govern- lobbyists to resolve statutory issues and relating to education, highways, PAGE year, as local projects are critical to If you love the arts, you can look allocated for higher education, PAGE Tom Bakk (DFL-Cook) as a response inspected and cited for enforceable health care and the environment PAGE constituent contentment. Through providing both the Minnesota mental units and private concerns. His manage legislation and policy issues. Prior forward to a refurbished Schubert to the controversial 2005 United housing, maintenance or building will have to await next year and a compromise, spirited debate, a State Colleges and Universities experience includes legal director of the Minnesota Public to joining Larkin Hoffman, she was the committee admin- 2 Theatre in Minneapolis, thanks to 6 Interest Research Group, Executive Director of the Leech istrator for the State and Local Government Operations States Supreme Court case Kelo code violations; (2) the building 1 little bit of stubbornness and sheer (MnSCU) system and the University new crop of legislators. $11 million provided in bonding Lake Indian Reservation Legal Services Project, Director of Committee at the Minnesota State Senate. She also served et al v. New London, CT, the law code violations involve structural determination, key House and of Minnesota with funds for new states that eminent domain may problems with the building; (3) the funds. In addition, the Ordway the Truk Office of Micronesian Legal Service and a clerkship as a legislative assistant to State Senator Linda Higgins and Put simply, this session was more Senate members worked with each Center in St. Paul received $7.5 buildings, renovations and asset for Justice James C. Otis on the Minnesota Supreme Court. as a staff assistant to U. S. Senator Paul Wellstone. Julie only be used for a “public concern property owner has not remedied about getting the bonding bill other and the governor’s office to million, $5 million was allocated preservation. ■ He has also been recognized by the U.S. Environmental received her J.D. from William Mitchell College of Law and or purpose,” the definition of which the cited violations after two hammer out an acceptable deal. to the MacPhail Center for Music Protection Agency (EPA) for his environmental work. ■ graduated with her B.S. from Winona State University. ■ is limited to what most believe notices to cure the noncompliance; passed and ending the session on In the end, the bonding bill passed in Minneapolis and $1.05 million are traditional public uses such as and (4) the cost to cure the viola- time; everything else was secondary. PETER J. COYLE is chair of Larkin Hoffman’s MARNIE S. MOORE is a paralegal with Larkin Hoffman the construction of parks, schools, tions is more than 50 percent of Every seat in the House and Senate, Government Relations practice group. He and a member of the firm’s Government publicly-owned buildings or utilities, the assessor’s taxable market value as well as the governor’s office, is EMINENT DOMAIN LEGISLATION PASSES ■ Continued From Cover is also a member of the firm’s Land Use Relations practice group. Before joining roads and bridges, as well as the for the building (this excludes any and Real Estate practice group and serves Larkin Hoffman, she was the manager of up for grabs in November. State mitigation of blight and the remedi- additional land value). on the firm’s Board of Directors. Peter’s government affairs at Cook Hill Girard elected officials are keenly aware of involves blight mitigation or environmental remedi- attorney’s fees to the property owner. If the final government relations regulatory practice Associates and prior to that spent several ation of environmentally contami- this fact and that razor-thin margins ation requires a public hearing. award is between 20 and 40 percent greater, the encompasses local, state and federal years with the Minnesota Wild Hockey Club nated areas. The legislative authors The definition of an “environmen- separate the party caucuses. Both court is allowed to award attorney’s fees; if the final administrative agencies and the Minnesota Legislature. He as a corporate account manager. Marnie included a provision to specifically tally contaminated area” changed major political parties sought to limit the use of eminent domain as to an area where more than 50 Another provision of the law that forces local award is more than 40 percent greater, the court represents private developers, landowners and businesses is currently serving as a Governor’s appointee on the avoid being painted as obstructive before state agencies, the Metropolitan Council, county Board of Dietetics and Nutrition Practice and the Council a tool for economic development, percent of the parcels contain government accountability is the section addressing must award attorney’s fees. or belligerent, though periodic attorney’s fees. Previously, property owners who boards and city councils. Peter has previously served as of Health Boards.
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