HF 1673

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:53am

A bill for an act
relating to natural resources; establishing long-term land management account;
requiring contributions; proposing coding for new law in Minnesota Statutes,
chapter 84C.

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

Section 1.

new text begin [84C.021] CONSERVATION EASEMENT PURPOSE STATEMENT.
new text end

new text begin A conservation easement executed on or after July 1, 2009, that is purchased in
whole or in part with state funds, must include a statement of the conservation purposes of
the easement including the conservation attributes associated with the real property and
the benefit to the general public intended to be served by the restriction on uses of the real
property subject to the conservation easement.
new text end

Sec. 2.

new text begin [84C.06] LONG-TERM LAND MANAGEMENT ACCOUNT.
new text end

new text begin Subdivision 1. new text end

new text begin Account established. new text end

new text begin A long-term land management account is
established in the special revenue fund. The commissioner of finance shall credit to the
long-term land management account the contributions required under subdivision 2 and
any gifts and donations made to the account.
new text end

new text begin Subd. 2. new text end

new text begin Contributions required. new text end

new text begin (a) A holder of a conservation easement executed
on or after July 1, 2009, that is purchased in whole or in part with state funds, shall
contribute five percent of the appraised value of the land to the long-term land management
account established in subdivision 1 within 30 days of purchasing the easement.
new text end

new text begin (b) A holder of a conservation easement that transfers a conservation easement to the
state on or after July 1, 2009, shall contribute five percent of the appraised value of the land
to the long-term land management account established in subdivision 1 within 30 days of
transferring the easement unless the contribution requirement has been met by the state.
new text end

new text begin (c) The owner of land acquired in fee title purchased in whole or in part with state
funds for natural resource purposes, including lands acquired by the commissioner of
natural resources and lands acquired to restore, protect, and enhance wetlands, prairies,
forests, habitat, water quality, and other natural resources, shall contribute five percent of
the appraised value of the land to the long-term land management account established in
subdivision 1 within 30 days of purchasing the land.
new text end

new text begin (d) The owner of land acquired in fee title purchased in whole or in part with state
funds for natural resource purposes, including lands acquired by the commissioner of
natural resources or lands acquired to restore, protect, and enhance wetlands, prairies,
forests, habitat, water quality, and other natural resources, that transfers land to the state
on or after July 1, 2009, shall contribute five percent of the appraised value of the land to
the long-term land management account established in subdivision 1 within 30 days of
transferring the land unless the contribution requirement has been met by the state.
new text end

new text begin (e) Nothing in this section prohibits a holder of an easement or the owner of land
in fee title from accepting gifts or other funds to be used in meeting the contribution
requirements of this section or prohibits a contribution from being made on behalf of a
holder of an easement or owner of land in fee title to meet the requirements of this section.
new text end

new text begin (f) For the purposes of this section, "appraised value" is the most recent assessor's
estimated market value under section 273.11, subdivision 1, the most recent purchase
price, or the most recent appraised value of the land, whichever is greater.
new text end

new text begin Subd. 3. new text end

new text begin Exemption. new text end

new text begin The commissioner of natural resources may waive the
contribution requirement under subdivision 2 for a holder of a conservation easement or
owner of land in fee title, upon request, provided the following conditions are met:
new text end

new text begin (1) for the holder of a conservation easement, the holder must:
new text end

new text begin (i) demonstrate a history of providing long-term management, monitoring, and
enforcement of conservation easements;
new text end

new text begin (ii) demonstrate the ability to fund long-term management, monitoring, and
enforcement of conservation easements; and
new text end

new text begin (iii) have or soon will set aside funds for the management, monitoring, and
enforcement of the conservation easement subject to the requirement under subdivision 2,
such as administration of an account similar to the long-term land management account
established under this section.
new text end

new text begin (2) for the owner of land in fee title, the owner must:
new text end

new text begin (i) demonstrate a history of providing land management in accordance with
applicable requirements and natural resource purposes;
new text end

new text begin (ii) demonstrate the ability to fund the applicable land management requirements
and purposes; and
new text end

new text begin (iii) have or soon will set aside funds for the management of the land subject to the
requirement under subdivision 2, such as administration of an account similar to the
long-term land management account established under this section.
new text end

new text begin Subd. 4. new text end

new text begin Expenditures. new text end

new text begin Money appropriated from the long-term land management
account must only be spent on the management, monitoring, and enforcement of
conservation easements to ensure that the purposes for conservation easements according
to section 84C.021 are met and on the management of lands purchased with state funds
for natural resource purposes. Funds must be appropriated by law and shall not be
appropriated until July 1, 2017.
new text end

Sec. 3. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 and 2 are effective July 1, 2009.
new text end