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I I I I I I I I I I I I I I I I I I I Conservation Easements Under Minnesota Statutes chapter 84C, the term, "conservation easement" means: a non possessory interest of a holder in real property imposing limitations or affirmative obligations the purposes of which include retaining or protecting natural, scenic or open-space values of real property, assuring its availability for agricultural, forest, recreational, or open-space use, protecting natural resources of real property. In Minnesota, conservation easements can be tailored to the particular piece of property to protect the interests of the individual owner and the resource (Haapoja, 1995). In the case of Trott Brook, these could be tailored to give the landowner reduced taxes, security as to how the land will be used, and consideration towards the development of the rest of their land. Conservation easements are tax-deductible as a charitable gift, provided they are perpetual and exclusively for conservation purposes (see Appendix). Eminent Domain Eminent domain is the right of the state to appropriate private property to public use upon the payment of just compensation. Every city is granted this right by Minnesota Statute 465.01. The right of eminent domain permits the acquisition of property against the will of the owner upon payment of the value of property, fixed in Minnesota by court- appointed commissioners. Property may be taken under the right of eminent domain only for a public purpose. To acquire property by eminent domain, cities must follow the procedure set out in Minnesota Statutes 117. In the case of Trott Brook, the trail corridor may be taken by eminent domain if this is what the city council resolves. Upon resolution, the city must then file a petition with the district court. The court determines if the purpose is an authorized public purpose. The court then appoints a board of commissioners to determine property compensation (see Appendix for Volume 18, Dunnell Minnesota Digest, Elections to Eminent Domain, Eminent Domain Part 1.03 through 2.02 pages 196-211. Also found in the appendix is the Municipal Acquisition of Property by Right of Eminent Domain- Notes and Forms~ A Research Memo for City Officials 190, Revised April 1988, League 19