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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 />d) More appropriately balances awards <br />of attorney fees and costs of litigation <br />with the outcome of the eminent <br />domain proceeding. <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 />collection. The unspecified and ongoing <br />liability this change would create would <br />have the effect of eliminating organized <br />collection as a waste management option. <br />This change would also create a virtual <br />monopoly situation for any company <br />awarded a solid waste contract under <br />organized collection. The local unit of <br />government would have to "buy out" a <br />contractor in the future to change providers, <br />even if their services were no longer the <br />lowest bid. It also creates an incentive for <br />bidders under organized collection to submit <br />high bids, as they would be eligible for <br />damages if they fail to win without having to <br />provide service. Furthermore, this is a <br />precedent that, if applied to other <br />government purchasing and service <br />contracting decisions, would clearly run <br />counter to the public purpose of government <br />providing services at the lowest feasible cost <br />to taxpayers. <br />Response: The League of Minnesota <br />Cities opposes efforts to apply inverse <br />condemnation claims to city solid waste <br />contracting decisions or to allow <br />automatic contractual damage claims for <br />League of Minnesota Cities <br />2018 City Policies Page 14 <br />