as introduced - 89th Legislature (2015 - 2016) Posted on 03/09/2016 08:37am
A bill for an act
relating to taxation; Sustainable Forest Incentive Act; allowing early withdrawal
under certain conditions; amending Minnesota Statutes 2014, section 290C.10.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2014, section 290C.10, is amended to read:
new text begin (a) new text end An approved claimant new text begin or current owner of lands enrolled new text end under the sustainable
forest incentive program for a minimum of four years may notify the commissioner of the
intent to terminate enrollment. Within 90 days of receipt of notice to terminate enrollment,
the commissioner shall inform the claimant in writing, acknowledging receipt of this
notice and indicating the effective date of termination from the sustainable forest incentive
program. Termination of enrollment in the sustainable forest incentive program occurs
on January 1 of the fifth calendar year that begins after receipt by the commissioner of
the termination notice. After the commissioner issues an effective date of termination,
a claimant wishing to continue the land's enrollment in the sustainable forest incentive
program beyond the termination date must apply for enrollment as prescribed in section
290C.04. A claimant who withdraws a parcel of land from this program may not reenroll
the parcel for a period of three years. Within 90 days after the termination date, the
commissioner shall execute and acknowledge a document releasing the land from the
covenant required under this chapter. The document must be mailed to the claimant and is
entitled to be recorded.
new text begin (b) Notwithstanding paragraph (a), new text end the commissioner may allow early withdrawal
from the Sustainable Forest Incentive Act without penalty when the state of Minnesota,
any local government unit, or any other entity which has the power of eminent domain
acquires title or possession to the land for a public purpose deleted text begin notwithstanding the provisions
of this sectiondeleted text end . In the case of deleted text begin suchdeleted text end new text begin an eligiblenew text end acquisitionnew text begin under this paragraphnew text end , the
commissioner shall execute and acknowledge a document releasing the land acquired by
the state, local government unit, or other entity from the covenant.
new text begin
(c) Notwithstanding paragraph (a), if an approved claimant or current owner of
lands enrolled under the sustainable forest incentive program applies for withdrawal, the
commissioner shall allow early withdrawal from the Sustainable Forest Incentive Act
without penalty for land that is subject to fee or easement acquisition or lease to the state
of Minnesota or a political subdivision of the state for the public purpose of a paved trail.
In the case of an eligible fee or easement acquisition or lease under this paragraph, the
commissioner shall execute and acknowledge a document releasing the land subject to a
fee or easement acquisition or lease by the state or political subdivision of the state.
new text end
new text begin (d) new text end All other enrolled land must remain in the program.
new text begin
This section is effective the day following final enactment.
new text end