HF 484

as introduced - 91st Legislature (2019 - 2020) Posted on 04/03/2019 12:14pm

A bill for an act
relating to local government; modifying expiration of metropolitan agricultural
preserves; amending Minnesota Statutes 2018, section 473H.08, subdivisions 1,
4, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2018, section 473H.08, subdivision 1, is amended to read:

Subdivision 1.

Till expiration started.

Agricultural preserves shall continue until deleted text begin either
deleted text end the landowner deleted text begin or deleted text end new text begin , new text end the authority new text begin , or a state agency or governmental unit new text end initiates expiration
as provided in this section.

Sec. 2.

Minnesota Statutes 2018, section 473H.08, is amended by adding a subdivision to
read:

new text begin Subd. 3a. new text end

new text begin Expiration for park and trail purposes. new text end

new text begin (a) An agricultural preserve expires
immediately when a state agency or other governmental unit purchases the property or
obtains an easement over the property for the purpose of creating or expanding a public
trail or public park. This subdivision applies only to the portion of the agricultural preserve
acquired for trail or park purposes, and any portion of the property not acquired for trail or
park purposes shall remain an agricultural preserve.
new text end

new text begin (b) The acquiring state agency or governmental unit shall give notice to the authority as
provided in subdivision 4. The notice must specify the portion of the property being removed
from the agricultural preserve and the date on which that portion expires.
new text end

Sec. 3.

Minnesota Statutes 2018, section 473H.08, subdivision 4, is amended to read:

Subd. 4.

Notice to others.

Upon receipt of the notice provided in subdivision 2 new text begin or 3a new text end ,
or upon notice served by the authority as provided in subdivision 3, the authority shall
forward the original notice to the county recorder for recording, or to the registrar of titles
if the land is registered, and shall notify the county auditor, county assessor, the Metropolitan
Council, and the county soil and water conservation district of the date of expiration.
Designation as an agricultural preserve and all benefits and limitations accruing through
sections 473H.02 to 473H.17 for the preserve shall cease on the date of expiration. The
restrictive covenant contained in the application shall terminate on the date of expiration.

Sec. 4. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 3 are effective the day following final enactment and apply to any
agricultural preserve where the previously required eight-year termination period under
Minnesota Statutes, section 473H.08, has not yet expired.
new text end