Purpose

This bill restricts how certain state funds can be used to acquire private property. Specifically, money from three funds—the parks and trails fund, the clean water fund, and the arts and cultural heritage fund—cannot be spent to take property through eminent domain unless the property owner requests that their property be taken.

Main Provisions

• For the parks and trails fund (Minnesota Statutes 2024 section 85.53), the bill adds a new subdivision: eminent domain is prohibited. Money from the parks and trails fund must not be spent to acquire property by eminent domain unless the property owner requests that their property be acquired.
• For the clean water fund (Minnesota Statutes 2024 section 114D.50), the bill adds a similar new subdivision: eminent domain is prohibited. Money from the clean water fund must not be spent to acquire property by eminent domain unless the property owner requests that their property be acquired.
• For the arts and cultural heritage fund (Minnesota Statutes 2024 section 129D.17), the bill adds a similar new subdivision: eminent domain is prohibited. Money from the arts and cultural heritage fund must not be spent to acquire property by eminent domain unless the property owner requests that their property be acquired.

Significant Changes to Existing Law

• Adds explicit prohibitions across three separate funds on using those funds to seize private property via eminent domain.
• Requires owner consent (owner requests) before any eminent domain action using these funds can occur.
• Each section adds the new subdivision with the same core restriction, applying to parks and trails, clean water, and arts and cultural heritage funding.

Practical Impact

• Public agencies cannot rely on these funds to take private land through eminent domain unless the landowner specifically requests it.
• Land acquisitions related to projects funded by these sources may require negotiations, alternative funding sources, or different processes if owner consent is not given.
• This strengthens property owners’ control over land affected by state-funded projects that touch these particular funds.

Definitions and Terms Highlight

• Eminent domain
• Money appropriated from the parks and trails fund
• Money appropriated from the clean water fund
• Money appropriated from the arts and cultural heritage fund
• Owner requests / property owner consent
• Minnesota Statutes 2024 sections 85.53, 114D.50, 129D.17

Related Considerations

• The bill does not remove eminent domain authority entirely; it confines it by tying it to owner consent for these specific funds.
• Agencies may need to adjust project financing strategies or seek alternative ways to fund land acquisitions.

Relevant Terms

eminent domain, parks and trails fund, clean water fund, arts and cultural heritage fund, owner requests, property acquisition, Minnesota Statutes 2024, Subd.8, Subd.7, authorization.