HF 2298

as introduced - 87th Legislature (2011 - 2012) Posted on 02/15/2012 01:59pm

A bill for an act
relating to Saint Louis County; authorizing the sale of certain tax-forfeited
leased lands.

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

Section 1. new text begin SALE OF TAX-FORFEITED LEASED LANDS; SAINT LOUIS
COUNTY.
new text end

new text begin Subdivision 1. new text end

new text begin Sale authorized. new text end

new text begin Notwithstanding Minnesota Statutes, sections 92.45
and 282.018, subdivision 1, and the public sale provisions of Minnesota Statutes, chapter
282, Saint Louis County may in its sole discretion sell tax-forfeited lakeshore lots that are
currently leased. Saint Louis County may also sell other adjacent tax-forfeited lands under
this section necessary for roadway access and the creation of conforming lot sizes.
new text end

new text begin Subd. 2. new text end

new text begin Method of sale. new text end

new text begin (a) The leaseholder of a leased parcel may purchase at
private sale the leased parcel and any other lands allocated to the parcel by the county
under subdivision 6 that is offered for sale under this section. The purchase price is the
appraised value of the land under subdivision 3 exclusive of improvements on it. To
purchase a parcel, a leaseholder must pay in cash to the county an amount equal to the
appraised value of the land within 180 days from the date of mailing to or service of notice
of appraised value on the leaseholder by the county. The 180-day period runs from the
date of mailing of a copy of the appraisal to the leaseholder at the address shown upon
the most recent lease agreement between the parties, exclusive of the date of mailing or
service. The county may use any alternative method of notice under the Minnesota Rules
of Civil Procedure for the service of a summons and complaint.
new text end

new text begin (b) If the leaseholder does not purchase the parcel so offered, the county may
offer the lands for sale at public auction under the provisions of Minnesota Statutes,
section 282.01, subdivision 3. If a person other than the leaseholder purchases the parcel,
the purchaser must make payment in full to the leaseholder in the manner provided in
Minnesota Statutes, section 92.06, subdivision 4, for the value of any improvements as
determined under subdivision 3.
new text end

new text begin (c) Failure of a purchaser to comply with the terms of payment voids the sale and the
property may be reoffered for sale.
new text end

new text begin Subd. 3. new text end

new text begin Appraisal. new text end

new text begin (a) An appraisal must be made in accordance with Minnesota
Statutes, section 282.01, subdivision 3, except as modified by this subdivision.
Improvements that are owned by the lessee must be appraised separately.
new text end

new text begin (b) The county shall select the appraiser. The appraiser selected must meet the
minimal appraisal standards established by the federal Farmers Home Administration or
the federal Veterans Administration, and be licensed under Minnesota Statutes, section
82B.03, to appraise the property to be sold.
new text end

new text begin (c) The costs of appraisal must be allocated by the county to the lots offered for sale
and the successful purchaser on each lot shall reimburse the county for the appraisal costs
allocated to the lot purchased. If no one purchases a lot, the county is responsible for
the appraisal cost.
new text end

new text begin (d) If a leaseholder disagrees with the appraised value of the leasehold improvements,
the leaseholder may select an appraiser that meets the qualifications in paragraph (b) to
reappraise the improvements. The leaseholder must give notice of intent to object to the
appraised value of the improvements within ten days of the date of the mailing or service
of notice under subdivision 2, paragraph (a). The reappraisal must be delivered by the
leaseholder to the county auditor within 60 days of the date of mailing or service of notice
of appraised value under subdivision 2, paragraph (a), or the initial appraisal shall be
conclusive. The leaseholder is responsible for the costs of the reappraisal. If the parcel is
reappraised within the time required in this paragraph and the county and the leaseholder
fail to agree on the value of the improvements by a date set by the county, each of the
appraisers shall agree upon the selection of a third appraiser to conduct a third appraisal
that shall be conclusive as to the value of the improvements. The cost of this appraisal
must be paid equally by the county and the leaseholder.
new text end

new text begin Subd. 4. new text end

new text begin Proceeds. new text end

new text begin (a) Except as provided in paragraph (b), the proceeds from
the sale of land described in subdivision 1 must be deposited by the county into an
environmental trust fund as provided in Laws 1998, chapter 389, article 16, section 31,
subdivision 4.
new text end

new text begin (b) The following amounts may be withheld by a county board and not deposited
into an environmental trust fund: the costs of appraisal, abstracts, and surveys; money
received from a sale that is attributable to land owned by a county in fee; amounts paid to
lessees for improvements; and the costs of sale to lessees or other parties, including the
costs of advertising, realtors, and closing services.
new text end

new text begin Subd. 5. new text end

new text begin Survey. new text end

new text begin (a) Prior to offering it for sale, Saint Louis County shall have
each lot surveyed by a licensed surveyor.
new text end

new text begin (b) The costs of the survey must be allocated by the county to the lots offered for
sale and the successful purchaser on each lot shall reimburse the county for the survey
costs allocated to the lot purchased. If no one purchases the lot, the county is responsible
for the survey costs. All surveying must be conducted by a licensed surveyor.
new text end

new text begin Subd. 6. new text end

new text begin Adding lands; zoning conformance. new text end

new text begin Any lands to be sold under this
section must be considered lots of record for zoning purposes. Whenever possible, Saint
Louis County may add land to the lots offered for sale to permit conformance with zoning
requirements. The added lands must be included in the appraised value of the lot.
new text end

new text begin Subd. 7. new text end

new text begin Roadways. new text end

new text begin Saint Louis County has the authority to designate whether
roads within minor subdivisions under the county platting and subdivision ordinance
are public or private.
new text end

new text begin Subd. 8. new text end

new text begin Sunset. new text end

new text begin This section expires five years after the day of final enactment.
new text end