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Response: State law must continue to <br />provide cities with the tools needed to <br />balance the rights of private property <br />owners with the interests of the public. <br />The League of Minnesota Cities opposes <br />legislation that diminishes the ability of <br />cities to act in the best interest of the <br />health, safety, and welfare of its citizens; <br />that increases the cost of doing business <br />for the public good; or that creates the <br />possibility of additional lawsuits against <br />cities. <br />Specifically, the League opposes <br />legislation that: <br />a) Allows businesses to seek inverse <br />condemnation when a city provides <br />competing goods or services, or limits <br />the number of private operators. <br />b) Creates an automatic cause of action <br />for damages any time a local <br />regulatory action impacts the use or <br />reduces the value of private property. <br />The League supports legislation that: <br />a) Authorizes cities to use eminent <br />domain for economic development <br />and redevelopment projects that <br />advance a greater public good that <br />benefits the community. <br />b) Empowers local elected officials to <br />determine whether a particular taking <br />of property serves a public purpose. <br />c) Creates incentives to encourage <br />landowners to voluntarily sell their <br />property to the public for <br />development or redevelopment. <br />SD-23. Organized Solid Waste <br />Collection <br />Issue: "Organized collection" refers to a <br />situation where a local unit of government, <br />for any of a variety of reasons, decides that <br />there is a public interest served by limiting <br />the number of solid waste and recycling <br />collection services available in the area. The <br />reasons for implementing organized <br />collection can vary, but include: <br />a) Public safety concerns caused by the <br />number and frequency of large trucks <br />moving quickly through residential <br />neighborhoods; <br />b) Reducing wear on public infrastructure <br />from heavy truck traffic; <br />c) Improving the efficiency, cost and <br />quality of garbage and recycling service <br />provided to local residents; <br />d) Cooperating with other local <br />governments to best meet solid waste <br />management and recycling objectives; <br />e) Taking local steps to reduce energy <br />impacts of public services; and <br />f) Meeting the requirements of county <br />ordinances and solid waste management <br />plans as required under Minn. Stat. § <br />115.94. <br />Organized collection is also encouraged in <br />state solid waste policies as a means of <br />improving the efficiency and coordination of <br />solid waste management between local units <br />of government. There are very specific and <br />burdensome public procedures laid out in <br />statute defining how such a decision must be <br />publicly vetted and approved and over what <br />time period that can occur. <br />Despite all of these important and valid <br />reasons for using organized collection, <br />legislation has been discussed in several <br />recent sessions that would allow special <br />takings claims or contractual damages to be <br />claimed by the solid waste industry if local <br />governments make decisions that limit the <br />number of companies that can collect <br />garbage in a community in a manner that <br />prevents a company currently operating in <br />the community from continuing to do so <br />through the implementation of organized <br />League of Minnesota Cities <br />2015 City Policies Page 14 <br />