2005 Minnesota Statutes

     272.162 Restrictions on transfers of specific parts. 

    Subdivision 1.    Conditions restricting transfer.  When 
 a deed or other instrument conveying a parcel of land is 
 presented to the county auditor for transfer or division under 
 sections 272.12, 272.16, and 272.161, the auditor shall not 
 transfer or divide the land or its net tax capacity in the 
 official records and shall not certify the instrument as 
 provided in section 272.12, if:  

    (a) The land conveyed is less than a whole parcel of land 
 as charged in the tax lists; 

    (b) The part conveyed appears within the area of 
 application of municipal subdivision regulations adopted and 
 filed under section 462.36, subdivision 1; and 

    (c) The part conveyed is part of or constitutes a 
 subdivision as defined in section 462.352, subdivision 12.  

    Subd. 2.    Conditions allowing transfer.  
 Notwithstanding the provisions of subdivision 1, the county 
 auditor may transfer or divide the land and its net tax capacity 
 and may certify the instrument if the instrument contains a 
 certification by the clerk of the municipality:  

    (a) that the municipality's subdivision regulations do not 
 apply; 

    (b) that the subdivision has been approved by the governing 
 body of the municipality; or 

    (c) that the restrictions on the division of taxes and 
 filing and recording have been waived by resolution of the 
 governing body of the municipality in the particular case 
 because compliance would create an unnecessary hardship and 
 failure to comply would not interfere with the purpose of the 
 regulations.  

    If any of the conditions for certification by the 
 municipality as provided in this subdivision exist and the 
 municipality does not certify that they exist within 24 hours 
 after the instrument of conveyance has been presented to the 
 clerk of the municipality, the provisions of subdivision 1 do 
 not apply.  

    If an unexecuted instrument is presented to the 
 municipality and any of the conditions for certification by the 
 municipality as provided in this subdivision exist, the 
 unexecuted instrument must be certified by the clerk of the 
 municipality. 

    Subd. 3.    Applicability of restrictions.  This section 
 does not apply to the exceptions set forth in section 272.12.  

    This section applies only to land within municipalities 
 which choose to be governed by its provisions.  A municipality 
 may choose to have this section apply to the property within its 
 boundaries by filing a certified copy of a resolution of its 
 governing body making that choice with the auditor and recorder 
 of the county in which it is located. 

    HIST: 1982 c 564 s 1; 1983 c 239 s 1,2; 1986 c 444; 1988 c 719 
 art 5 s 84; 1989 c 329 art 13 s 20