05/12/2006
CONTACT: Mike Hickey, (651) 293-1283 or Mandy Minick, (614) 221-4107
ST. PAUL, Minn. -- A great victory for small business and other landowners occurred Wednesday night when the conference committee, on a unanimous vote, agreed to significant changes to the eminent domain law. The key changes include:
- Making it difficult for a condemning authority to continue to do Kelo-type takings where property is turned over to a private developer for other private development.
- Awarding attorney fees and other court costs to property owners when they ultimately receive 40 percent or more for their property than the condemning authority's last offer. NFIB/Minnesota pushed very hard for this provision. This provision also allows a judge to award fees if the property owner receives an amount that is 20 percent to 40 percent greater than the condemning authority's final offer.
- Compensating property owners for "loss of going concern." This compensates the business owner for the actual value of their business, in addition to the value of the land and the building, when the taking forces them out of business.
The bill made many other changes to benefit landowners who are being removed from their property.
"The attorney fee provision was a big victory for small business and any other landowner -- it will help a lot of people," said NFIB/Minnesota State Director Mike Hickey.
"When small-business owners or other average people are put up against taxpayer funded attorneys, there is a very uneven playing field and many people cannot afford to fight in court so they just give in and get shortchanged on their economic future," added Hickey.
