HF 730

1st Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to counties; imposing certain conditions on 
  1.3             state acquisition of lands in counties having 50 
  1.4             percent or more of acreage in public or nonprofit 
  1.5             ownership. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [CONDITIONS ON LAND ACQUISITION.] 
  1.8      Subdivision 1.  [GENERAL RULE.] Notwithstanding any law to 
  1.9   the contrary, the state must not acquire land located in a 
  1.10  county that has 50 percent or more of its acreage in public or 
  1.11  nonprofit ownership unless the state makes a qualified transfer 
  1.12  of other property by the state. 
  1.13     Subd. 2.  [APPLICATION; EXEMPTIONS.] (a) This section 
  1.14  applies to purchases, gifts, and eminent domain acquisitions of 
  1.15  property by the state. 
  1.16     (b) The section does not apply if: 
  1.17     (1) the property was not subject to ad valorem property 
  1.18  taxation at any time within the three calendar years before the 
  1.19  purchase unless the property was owned by a nonprofit 
  1.20  organization; 
  1.21     (2) the acquisition was made through tax forfeiture; or 
  1.22     (3) the acquisition resulted from a foreclosure or sale 
  1.23  under a tax lien or another security interest of the state 
  1.24  obtained by legal process other than a voluntary transfer by the 
  1.25  landowner or eminent domain. 
  2.1      Subd. 3.  [QUALIFIED TRANSFER.] (a) A qualified transfer 
  2.2   means a transfer to the county by the state of other real 
  2.3   property that meets all of the following: 
  2.4      (1) the property transferred has a value for ad valorem 
  2.5   property tax purposes at least equal to the property to be 
  2.6   acquired by the state; 
  2.7      (2) the property transferred was exempt from ad valorem 
  2.8   taxation for the three calendar years before the transfer; 
  2.9      (3) the property is located in the same county as the 
  2.10  property to be acquired by the state; and 
  2.11     (4) the transferred property will be subject to ad valorem 
  2.12  taxation after the transfer. 
  2.13     (b) The terms of qualified transfer are subject to approval 
  2.14  of the county board.  The county must then proceed to offer the 
  2.15  property for sale or exchange to potential property taxpayers.  
  2.16  If a parcel offered for sale or exchange under this section is 
  2.17  not sold or exchanged within two years of the transfer from the 
  2.18  state, the county may derive income from the transferred 
  2.19  property in the same way as otherwise provided by law for 
  2.20  counties to derive income from tax-forfeited property. 
  2.21     Subd. 4.  [COUNTY MAY WAIVE.] The governing body of the 
  2.22  county in which the property is located may waive, by 
  2.23  resolution, the application of this section. 
  2.24     Sec. 2.  [EFFECTIVE DATE.] 
  2.25     Section 1 is effective for interests to be acquired by the 
  2.26  state in a qualifying county after July 31, 1999.