1.1 	A bill for an act
1.2 	relating to local government; authorizing inverse
1.3 	condemnation by a mixed municipal solid waste services
1.4 	business when a governmental entity occupies the
1.5 	market; proposing coding for new law in Minnesota
1.6 	Statutes, chapter 117.
1.7 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8 	Section 1. [117.58] GOVERNMENT ENTRY INTO MIXED MUNICIPAL
1.9 	SOLID WASTE SERVICES BUSINESS; INVERSE CONDEMNATION.
1.10 		Subdivision 1.Person to bring action. A person may
1.11 	bring an action in district court to compel a political
1.12 	subdivision of the state to commence condemnation proceedings if:
1.13 	(1) the political subdivision of the state determines to
1.14 	provide, directly or indirectly, mixed municipal solid waste
1.15 	services previously provided by private persons within the
1.16 	jurisdiction of the state or political subdivision or limits the
1.17 	number of private persons who are permitted to provide the mixed
1.18 	municipal solid waste services within the jurisdiction so as to
1.19 	exclude a private person then providing such services from
1.20 	continuing to do so;
1.21 	(2) as a result of the political subdivision's actions, the
1.22 	person is not able to continue in business to provide
1.23 	substantially the same mixed municipal solid waste services as
1.24 	before; and 
1.25 	(3) but for the political subdivision's actions, the person
1.26 	would be able to continue to provide substantially the same
2.1 	mixed municipal solid waste services in substantially the same
2.2 	market as before the government's actions.
2.3 		Subd. 2.Limitation. A person may not maintain an action
2.4 	against a political subdivision under subdivision 1 if the
2.5 	person provides mixed municipal solid waste services to that
2.6 	political subdivision under a contract between the person and
2.7 	the political subdivision which sets forth the terms and
2.8 	conditions under which the person can provide the services in
2.9 	the political subdivision.