HF 3895

as introduced - 89th Legislature (2015 - 2016) Posted on 04/14/2016 12:45pm

A bill for an act
relating to taxation; property; authorizing cities to create land-value taxation
districts; proposing coding for new law in Minnesota Statutes, chapter 428A.

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

Section 1.

new text begin [428A.30] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin For purposes of sections 428A.30 to 428A.34, the terms
defined in this section have meanings given them, unless the context clearly requires
otherwise.
new text end

new text begin Subd. 2. new text end

new text begin City. new text end

new text begin "City" means a statutory or home rule charter city.
new text end

new text begin Subd. 3. new text end

new text begin District. new text end

new text begin "District" means a land-value taxation district established under
section 428A.31.
new text end

new text begin Subd. 4. new text end

new text begin Ordinance. new text end

new text begin "Ordinance" means the ordinance establishing a land-value
taxation district under section 428A.31.
new text end

Sec. 2.

new text begin [428A.31] ESTABLISHMENT OF LAND-VALUE TAXATION DISTRICT.
new text end

new text begin Subdivision 1. new text end

new text begin Ordinance. new text end

new text begin The governing body of a city may adopt an ordinance
establishing a land-value taxation district. The ordinance must describe:
new text end

new text begin (1) the parcels of property constituting the district, either by specific identification
of each parcel, or by defining a geographic area or areas within the city, and then within
that area or those areas, identifying the specific types of property, as defined under section
273.13, to be included in the district; and
new text end

new text begin (2) the procedure for reallocating the collective property tax of all parcels within
the district.
new text end

new text begin In addition, the ordinance must provide for an evaluation of the economic effects of the
district, including the impact on redevelopment of and investment in the district, within a
specified period of time, but not less than 15 years after the district becomes effective.
new text end

new text begin Subd. 2. new text end

new text begin Hearing; notice. new text end

new text begin Before adopting an ordinance, the city must hold a
public hearing on the question. Notice of the hearing must include the time and place of
the hearing, a description of the parcels to be included in the district, a description of the
procedure for reallocating the tax burden among the parcels, and the duration of the district.
Each person owning property in the proposed district must be given the opportunity to be
heard at the hearing. Within 30 days after adoption of the ordinance, the governing body
shall send a copy of the ordinance to the commissioner of revenue. Notice of the hearing
must be published on the city's Web site and in at least two issues of the official newspaper
of the city. The two publications must be two weeks apart and the hearing must be held at
least three days after the last publication. Not less than ten days before the hearing, notice
must be mailed to the owner of each parcel proposed to be included in the district. For the
purpose of the mailed notice, owners are those shown on the records of the county auditor.
Other records may be used to supply the necessary information. At the public hearing, a
person affected by the proposed district may testify on any issues relevant to the proposed
district. The hearing may be adjourned from time to time and the ordinance establishing
the district may be adopted at any time within six months after the date of the conclusion
of the hearing by a vote of the majority of the governing body of the city.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective beginning with taxes payable in 2017.
new text end

Sec. 3.

new text begin [428A.32] RESTRICTIONS ON TAX REALLOCATION PROCEDURE.
new text end

new text begin A tax reallocation procedure under section 428A.31, subdivision 1, clause (2), must
distribute taxes on taxable properties in the district by applying uniform rates to one or
more of the following tax bases:
new text end

new text begin (1) net tax capacity, as defined under section 273.13, subdivision 21b;
new text end

new text begin (2) referendum market value, as defined under section 126C.01, subdivision 3;
new text end

new text begin (3) a tax base consisting of each property's estimated market value excluding the
market value attributable to improvements; or
new text end

new text begin (4) a tax base consisting of each property's estimated market value excluding the
market value attributable to improvements made after a date specified in the ordinance.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective beginning with taxes payable in 2017.
new text end

Sec. 4.

new text begin [428A.33] TAXATION WITHIN DISTRICT.
new text end

new text begin Subdivision 1. new text end

new text begin Initial taxation within district. new text end

new text begin For each property taxes payable year,
the city must compile the total property taxes imposed upon all properties within the district
for each taxing jurisdiction after final property tax statements are issued under section
276.04. For the purposes of this section, the areawide taxes under chapters 276A and 473F,
and the state general levy under section 275.025, are considered to be taxing jurisdictions.
new text end

new text begin Subd. 2. new text end

new text begin Final taxation within district. new text end

new text begin The city must allocate the tax, as
determined under subdivision 1, among all properties in the district according to the terms
of the ordinance, such that the entire amount of tax payable to each taxing jurisdiction
under subdivision 1 is allocated among the properties constituting the district. The agency
must report the revised property tax amounts for each parcel of property to the county
treasurer by April 30 of the year the tax is payable. The agency must provide for revised
property tax statements to be mailed to all properties within the district by April 30 of the
year the tax is payable. Taxpayers must make payments according to the dates specified
in section 279.01 as if the property tax statements were mailed 21 days prior to May 15
of the year the taxes are payable.
new text end

new text begin Subd. 3. new text end

new text begin Report to commissioner of revenue. new text end

new text begin By September 1 of each year,
the county treasurer must report the initial and final distribution of the net tax for each
parcel of property in the district to the commissioner of revenue on a form prescribed
by the commissioner of revenue.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective beginning with taxes payable in 2017.
new text end

Sec. 5.

new text begin [428A.34] APPEAL OF LAND VALUE.
new text end

new text begin The owner of any property included in a land-value taxation district under section
428A.31 may appeal the valuation attributable to land separately from the valuation
attributable to improvements upon the land under sections 274.01 and 274.13, or under
chapter 271.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective beginning with taxes payable in 2017.
new text end