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SF3678 (Legislative Session 94 (2025-2026))

Eminent domain procedures exemptions removal for certain takings of property by a watershed district or drainage authority

Related bill: HF3567

AI Generated Summary

Purpose

  • Clarify and tighten when eminent domain procedures must be used for property takings by watershed districts and drainage authorities.
  • Remove or limit exemptions that allowed certain takings to proceed under alternative procedures without fully following the state eminent domain process.

Main Provisions

  • Amends Minnesota Statutes 2024 section 117.012, subdivision 3.
  • Exceptions in the current law that say some takings are not subject to the chapter’s procedures do not apply to takings governed by drainage laws or town road laws when those laws themselves expressly provide for the taking and prescribe the procedure.
  • For takings by a watershed district (under chapter 103D) or by a drainage authority (under chapter 103E):
    • These takings may be carried out under the procedures in those chapters, but only if the district or authority also complies with the procedures in this chapter (117.012).
    • If the district or authority does not comply with the procedures in this chapter, the taking is legally null and void.

Effect on Existing Law

  • Removes a broad exemption that allowed certain takings by watershed districts or drainage authorities to bypass the standard eminent domain process.
  • Requires takings by watershed districts and drainage authorities to be conducted in accordance with Minnesota’s eminent domain procedures (as set out in chapter 117), and not solely under the other chapters’ procedures unless those procedures are combined with compliance with 117.
  • Retains the possibility that some takings under drainage or town road laws can proceed if those laws themselves prescribe a taking procedure, but those exemptions do not automatically shield takings from adherence to the 117 procedures when applicable.

Practical Implications

  • Increased oversight and procedural safeguards for property takings by watershed districts and drainage authorities.
  • Potentially longer or more transparent processes for condemned properties, as takings must meet the state’s eminent domain requirements.
  • Possible reduction in the use of expedited or less formal procedures for certain public works projects carried out by drainage authorities or watershed districts.

Terminology and Key Concepts

  • Eminent domain / condemnation
  • Watershed district (Chapter 103D)
  • Drainage authority (Chapter 103E)
  • Minnesota Statutes 2024 section 117.012, subdivision 3
  • Proceedings / procedures
  • Town roads
  • Drainage laws
  • Compliance / noncompliance
  • Legally null and void

Relevant Terms

eminent domain, condensation (condemnation), watershed district, drainage authority, 103D, 103E, Minnesota Statutes 2024, section 117.012, subdivision 3, takings, procedures, compliance, null and void, town roads, drainage laws, exemptions

Bill text versions

Actions

DateChamberWhereTypeNameCommittee Name
February 19, 2026SenateActionIntroduction and first reading
February 19, 2026SenateActionReferred toJudiciary and Public Safety

Citations

 
[
  {
    "analysis": {
      "added": [
        "Adds an Exceptions subsection to section 117.012, subdivision 3, allowing takings under other drainage/town road procedures to be governed by those laws when explicitly provided."
      ],
      "removed": [
        "Removes a blanket exemption from this chapter for takings by watershed districts or drainage authorities."
      ],
      "summary": "This bill amends Minnesota Statutes 2024 section 117.012, subdivision 3, by adding an Exceptions subsection and clarifying the applicability of this chapter's eminent domain procedures to takings related to drainage and town roads. It states that not withstanding chapters 103D and 103E, this chapter does not apply to takings where drainage or town road laws expressly provide for the taking and prescribe the procedure. It also specifies that takings by a watershed district under chapter 103D or by a drainage authority under chapter 103E may be carried out under the procedures of those chapters, and such takings are void unless the district or authority followed the procedures of this chapter.",
      "modified": [
        "Modifies the applicability of this chapter's eminent domain procedures in relation to chapters 103D and 103E."
      ]
    },
    "citation": "117.012",
    "subdivision": "subdivision 3"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "The bill references Minnesota Statutes chapter 103D as the framework under which takings by watershed districts may be carried out, in addition to this chapter. No amendments to chapter 103D itself are included in this act; it is cited as the applicable external procedures in certain takings.",
      "modified": []
    },
    "citation": "103D",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "The bill references Minnesota Statutes chapter 103E as the framework for takings by drainage authorities, alongside this chapter. No amendments to chapter 103E itself are included in this act; it is cited as the applicable external procedures in certain takings.",
      "modified": []
    },
    "citation": "103E",
    "subdivision": ""
  }
]

Progress through the legislative process

17%
In Committee

Sponsors

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