HF 1211

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to agriculture; limiting the sale or lease of
certain agricultural land for nonpublic use if the
land was acquired by eminent domain within the
previous five years; proposing coding for new law in
Minnesota Statutes, chapter 40A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [40A.126] LIMITATIONS ON SALE OR LEASE OF
AGRICULTURAL LAND ACQUIRED BY EMINENT DOMAIN.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) The definitions in this
subdivision apply to this section.
new text end

new text begin (b) "Acquiring authority" means any entity authorized by
law to exercise the power of eminent domain.
new text end

new text begin (c) "Agricultural land" means land outside the counties of
Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington
that falls within any of the following definitions:
agricultural land, as defined in section 17.81, subdivision 3;
41C.02, subdivision 4; 500.221, subdivision 1; or 500.24,
subdivision 2, paragraph (g); land in agricultural use as
defined in section 40A.02, subdivision 3; or farm land as
defined in section 41.52, subdivision 6.
new text end

new text begin (d) "Nonpublic use" means privately owned or used for a
nongovernmental purpose, and includes, but is not limited to,
commercial and industrial purposes, private schools, and
privately owned housing.
new text end

new text begin (e) "Public use" means publicly owned for a governmental
purpose, and includes, but is not limited to, public schools,
public hospitals, public roads, utility infrastructure, parks
and open space, government buildings, and publicly owned housing.
new text end

new text begin Subd. 2. new text end

new text begin No sale or lease; exceptions. new text end

new text begin (a) An acquiring
authority must not sell, lease, or otherwise transfer to another
person any interest in land acquired through eminent domain that
was in use as agricultural land at some point during the five
years immediately before the eminent domain award was made.
This restriction applies for five years from the date of the
eminent domain award.
new text end

new text begin (b) Paragraph (a) does not prohibit the sale or lease
within the five-year period of land to another governmental
entity for a public use.
new text end

new text begin (c) Paragraph (a) does not prohibit the short-term lease of
the land for agricultural purposes.
new text end

new text begin Subd. 3. new text end

new text begin Sale or lease priorities after five years. new text end

new text begin If
more than five years after the date of the eminent domain award
the acquiring authority determines it does not need the land for
a public use, part or all of the land may be sold or leased for
a nonpublic use according to the priorities in this subdivision.
new text end

new text begin (a) The land must first be offered for sale to the person
from whom the acquiring authority took the land. The price must
be no more than the amount of the award paid less the amount
that person paid in attorney fees and other costs and fees in
the eminent domain action. The offer must remain open for at
least ... months.
new text end

new text begin (b) Land that is not sold under paragraph (a) must be
offered at public sale for use as agricultural land, subject to
a restriction that the land must be used as agricultural land
for at least ... years after the sale. The land must be sold
for its fair market value. The land must be offered under this
paragraph for at least ... months or until a sale is completed,
whichever comes first.
new text end

new text begin (c) Land that is not sold under paragraph (a) or (b) may be
leased or sold at public sale, but not for less than the fair
market value.
new text end