HF3567 (Legislative Session 94 (2025-2026))
Exemptions removed from eminent domain procedures for certain takings of property by a watershed district or a drainage authority.
Related bill: SF3678
AI Generated Summary
Purpose
This bill changes how eminent domain rules apply to takings of property by watershed districts and drainage authorities. It aims to ensure that takings related to drainage projects or town roads follow a formal procedure, potentially limiting exemptions that currently allow those takings to bypass certain eminent domain processes.
Main Provisions
- The bill amends Minnesota Statutes 2024, section 117.012, subdivision 3 (the Exceptions section) to address takings in drainage-related contexts.
- It states that, notwithstanding the rules in chapters 103D (watershed districts) and 103E (drainage authorities), this chapter’s procedures may apply to takings of property under laws relating to drainage or town roads when those laws expressly provide for the taking and prescribe the procedure.
- For takings carried out by a watershed district (chapter 103D) or by a drainage authority (chapter 103E), the bill clarifies that such takings may be done under the procedure provided by those chapters, but are legally null and void unless the district or authority complied with the procedures under this chapter.
What the bill aims to accomplish
- Increase procedural safeguards for property takings connected to drainage projects or town roads.
- Reduce or eliminate exemptions that allow certain takings by watershed districts or drainage authorities to bypass standard eminent domain procedures, unless those takings align with the specified procedures.
- Create a requirement that takings must comply with the applicable eminent domain process to be valid, aligning or overlapped with the procedures in this chapter.
Significant changes to existing law
- Recasts the Exceptions section to emphasize that takings related to drainage and town road laws must follow the relevant procedures, and that takings by watershed districts or drainage authorities must be conducted under the defined procedures to be valid.
- Potentially narrows existing exemptions by ensuring compliance with the standard eminent domain process in Chapter 117 for these projects.
Implications for stakeholders
- Property owners near drainage projects or town roads may gain stronger procedural protections.
- Watershed districts and drainage authorities may need to follow the formal eminent domain process more consistently to ensure takings are valid.
- Local governments and agencies could face more scrutiny and potential delays if takings do not fully comply with the established procedures.
Relevant Terms - eminent domain - taking of property - watershed district - drainage authority - Minnesota Statutes 2024 section 117.012 subdivision 3 - exceptions - Notwithstanding - chapters 103D - chapter 103E - laws relating to drainage - town roads - procedure - null and void
Bill text versions
- Introduction PDF PDF file
Actions
| Date | Chamber | Where | Type | Name | Committee Name |
|---|---|---|---|---|---|
| February 23, 2026 | House | Action | Introduction and first reading, referred to | Environment and Natural Resources Finance and Policy |
Citations
[
{
"analysis": {
"added": [],
"removed": [],
"summary": "This bill amends Minnesota Statutes 2024 section 117.012, subdivision 3, to modify eminent domain procedures for takings by watershed districts under chapter 103D and drainage authorities under chapter 103E, clarifying when those takings may follow the procedures in those chapters and when this chapter's procedures apply.",
"modified": [
"117.012, subdivision 3 is amended to address exemptions and the applicability of eminent domain procedures for takings by watershed districts or drainage authorities under chapters 103D and 103E."
]
},
"citation": "117.012",
"subdivision": "3"
}
]Progress through the legislative process
In Committee