Certification of Compliance 11-1-06
TAX BASE REVITALIZATION ACCOUNT
Project Name: MCbN \l.f\U.6j Ab(,;flE(;Rrf3S e.espavse:=- AclJd\J P\M
Applicant's Name: C. \'i of c MN '4-~
CERTIFICATION OF COMPLIANCE
REGARDING METROPOLITAN COUNCIL POLICY RESTRICI1NG LCA GRANTS
FOR PROJECTS USING EMINENT DOMAIN
The "Applicant" is a statutory or home rule charter city or town participating in the LCA Local Housing Incentives
Account program, or is a county, housing and redevelopment authority, economic development authority, or port
i authority.
: On January 25,2006, the Metropolitan Council adopted a "Policy Restricting Metropolitan Council LCA Grants for
, Projects Using Eminent Domain for Economic Development" The policy applied to LeA grants awarded after
I January 25, 2006 and private property that was acquired through eminent domain proceedings after January 25,
2006. As of May 20, 2006 governmental units may use eminent domain only for a "public use or public purpose"
as that term is defined in Minnesota Statutes section 117.025, subdivision 11. On June 28, 2006 the Metropolitan
i Council revised its eminent domain policy to make its policy consistent with the new state law. The Metropolitan
i Council's January 25, 2006 policy applies to LCA grant awards and grant agreements made on or after January 25,
2006 and before June 28, 2006. The Metropolitan Council's June 28, 2006 eminent domain policy applies to
LCA grant awards and grant agreements made on and after June 28, 2006. The two policies can be reviewed at:
1 http://www.metrocouncil.org/servicesllivcommlEminentDomainPolicv.htm .
The Council's revised eminent domain policy states that if a notice of petition was served in connection with an
Applicant's project between January 25, 2006 and May 20, 2006, the project is not eligible for LCA funding
unless the project: (1) would have been eligible under the Metropolitan Council's January 25, 2006 policy; or (2)
qualifies for an exemption under Minnesota Statutes section 117.012, subdivision 3 or 2006 Minnesota Laws
i chapter 214, section 22, clauses (b) through (e). See the legislation at:
! httr:1 /ros.1el?mnlbin/getpub.php?type=law&vear=2006&sn=O&num=214
Please check ( ) at least one of the following as appropriate for the Project. The Project will not be eligible for
1 LCA grant funding unless the appropriate certifications are made by the Applicant:
ON BEHALF OF THE APPLICANT and to tbe best of my knowledge, I CERTIFY that with regard to
the Project for which LCA funding is requested, no eminent domain authority was used after January
25. 2006 to acquire any private property in connection with the Project.
A notice of petition was served durin2 the time period from January 25. 2006 to Mav 20. 2006. to
acquire private property associated with the Project but, ON BEHALF OF THE APPLICANT and to
the best of my knowledge, I CERTIFY tbat: (1) tbe Project would have been eligible under the
Metropolitau Couucil's January 25, 2006 policy because it qualifies for one of the six exceptions stated
in that policy; or (2) the Project qualifies for an exemption under Minnesota Statutes section 117.012,
subdivision 3 or 2006 Minnesota Laws cbapter 214, section 22, clauses (b) through (e).
If a notice of petition was served during this four-month time period to acquire private property to remediate
or clean up pollution or contamination that threatened public health or safety or the environment as permitted
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by the Council's January 25, 2006 policy, then ON BEHALF OF THE APPLICANT, and to the best of my
knowledge, I FURTHER CERTIFY that:
(4) The property owner was/is unable or unwilling to pay for appropriate remediation or clean up; and
(5) Remediation or clean up must occur expeditiously to eliminate or mitigate the threat to public health or
safety or the environment; and
(6) No Responsible Party has been identified or is financially capable of carrying out the remediation or
clean up.
L Eminent domain authority was used on or after Mav 20. 2006, to acquire property associated with the
Project but, ON BEHALF OF THE APPLICANT and to the best of my knowledge, I CERTIFY that
eminent domain was used only for a "public use or public purpose" and otherwise complied with the
requirements of Minnesota Statutes chapter 117 and other laws authorizing the exercise of the power
of eminent domain.
THIS CERTIFICATION MUST UE SIGNED BY
THE APPLICANT'S AUTHORIZED OFFICIAL:
Name, ~Ll.M-
TItle, l4r~
SIgnature: __
Date: /J- I-tit.
v lIibrary/Liv _ Comm _Move _ FoldcrffBRA/Fall 2006 TBRAffBRAapplicationFall2006updatc 7-31 plus ED
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