HF 3717

as introduced - 86th Legislature (2009 - 2010) Posted on 03/22/2010 09:31am

A bill for an act
relating to local government; relating to certain public improvement special
assessment amounts on tax-forfeited property; amending Minnesota Statutes
2008, section 282.01, subdivision 3.

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

Section 1.

Minnesota Statutes 2008, section 282.01, subdivision 3, is amended to read:

Subd. 3.

Nonconservation lands; appraisal and sale.

All parcels of land classified
as nonconservation, except those which may be reserved, shall be sold as provided, if
it is determined, by the county board of the county in which the parcels lie, that it is
advisable to do so, having in mind their accessibility, their proximity to existing public
improvements, and the effect of their sale and occupancy on the public burdens. Any
parcels of land proposed to be sold shall be first appraised by the county board of the
county in which the parcels lie. The parcels may be reappraised whenever the county
board deems it necessary to carry out the intent of sections 282.01 to 282.13. In an
appraisal the value of the land and any standing timber on it shall be separately determined.
No parcel of land containing any standing timber may be sold until the appraised value
of the timber on it and the sale of the land have been approved by the commissioner of
natural resources. The commissioner shall base review of a proposed sale on the policy
and considerations specified in subdivision 1. The decision of the commissioner shall be
in writing and shall state the reasons for it. The commissioner's decision is exempt from
the rulemaking provisions of chapter 14 and section 14.386 does not apply. The county
may appeal the decision of the commissioner in accordance with chapter 14.

In any county in which a state forest or any part of it is located, the county auditor
shall submit to the commissioner at least 60 days before the first publication of the list
of lands to be offered for sale a list of all lands included on the list which are situated
outside of any incorporated municipality. If, at any time before the opening of the sale, the
commissioner notifies the county auditor in writing that there is standing timber on any
parcel of such land, the parcel shall not be sold unless the requirements of this section
respecting the separate appraisal of the timber and the approval of the appraisal by the
commissioner have been complied with. The commissioner may waive the requirement
of the 60-day notice as to any parcel of land which has been examined and the timber
value approved as required by this section.

If any public improvement is made by a municipality after any parcel of land has
been forfeited to the state for the nonpayment of taxes, and the improvement is assessed in
whole or in part against the property benefited by it, the clerk of the municipality shall
certify to the county auditor, immediately upon the determination of the assessments for
the improvement, the total amount that would have been assessed against the parcel of land
if it had been subject to assessment; or if the public improvement is made, petitioned for,
ordered in or assessed, whether the improvement is completed in whole or in part, at any
time between the appraisal and the sale of the parcel of land, the cost of the improvement
shall be included as a separate item and added to the appraised value of the parcel of land
at the time it is sold. No sale of a parcel of land shall discharge or free the parcel of land
from lien for the special benefit conferred upon it by reason of the public improvement
until the cost of it, including penalties, if any, is paid. The county board shall deleted text begin determine
the amount, if any, by which the value of the parcel was enhanced by the improvement
and deleted text end include deleted text begin the deleted text end new text begin an new text end amount new text begin equal to the portion required to be paid under section 282.08,
clauses (1) and (3), new text end as a separate item in fixing the appraised value for the purpose of sale.
In classifying, appraising, and selling the lands, the county board may designate the tracts
as assessed and acquired, or may by resolution provide for the subdivision of the tracts into
smaller units or for the grouping of several tracts into one tract when the subdivision or
grouping is deemed advantageous for the purpose of sale. Each such smaller tract or larger
tract must be classified and appraised as such before being offered for sale. If any such
lands have once been classified, the board of county commissioners, in its discretion, may,
by resolution, authorize the sale of the smaller tract or larger tract without reclassification.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for distributions made beginning
January 1, 2011.
new text end