HF 779

2nd Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to land use planning; clarifying 
  1.3             determination of benefit for assessments on land 
  1.4             subject to a conservation easement; amending 
  1.5             provisions governing the relationship of zoning and 
  1.6             planning; amending provisions relating to metropolitan 
  1.7             agricultural preserves; amending Minnesota Statutes 
  1.8             1994, section 473H.15, subdivisions 1 and 9; proposing 
  1.9             coding for new law in Minnesota Statutes, chapters 
  1.10            84C; 429; and 473. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  [84C.06] [PROPERTY VALUATION; ASSESSMENTS.] 
  1.13     In determining the value of land subject to a conservation 
  1.14  easement for property tax purposes, or the amount of an 
  1.15  assessment on land subject to a conservation easement, the 
  1.16  government body shall follow section 273.117 or 429.053. 
  1.17     Sec. 2.  [429.053] [CONSERVATION EASEMENTS.] 
  1.18     A government body shall consider the effect of a 
  1.19  conservation easement in establishing the amount of benefit, if 
  1.20  any, the land has received or will receive from the public 
  1.21  improvement for which the government body is determining the 
  1.22  amount of assessment. 
  1.23     Sec. 3.  [473.89] [ENFORCEMENT.] 
  1.24     Subdivision 1.  [CITIZEN ACTIONS.] Any person residing in 
  1.25  the state may maintain a civil action in the district court in 
  1.26  the name of the state of Minnesota against the council to seek 
  1.27  an order requiring the council to (a) implement its adopted 
  1.28  policies, or (b) require a local government to adopt and 
  2.1   implement a local comprehensive plan that is consistent with the 
  2.2   provisions of sections 462.355, subdivision 4, 473.175, and 
  2.3   473.851 to 473.871, and that promotes the adopted policies of 
  2.4   the council in the metropolitan development guide.  A person may 
  2.5   bring an action under this subdivision in the district court in 
  2.6   which the local government unit is located.  If the person 
  2.7   prevails, the court shall award the person costs and reasonable 
  2.8   attorneys fees. 
  2.9      Subd. 2.  [COUNCIL AUTHORITY.] If a local government unit 
  2.10  fails to adopt a local comprehensive plan consistent with the 
  2.11  provisions of sections 462.355, subdivision 4, 473.175, and 
  2.12  473.851 to 473.871, or if the council determines that a local 
  2.13  government has failed to adopt and implement the official 
  2.14  controls necessary to implement the approved local comprehensive 
  2.15  plan and the council's adopted policies and plans in the 
  2.16  metropolitan development guide, the council may maintain a civil 
  2.17  action to seek enforcement of the provisions of sections 
  2.18  462.355, subdivision 4, 473.175, and 473.851 to 473.871, in the 
  2.19  district court where the local government unit is located.  The 
  2.20  court shall award costs and reasonable attorneys fees to the 
  2.21  prevailing party. 
  2.22     Sec. 4.  Minnesota Statutes 1994, section 473H.15, 
  2.23  subdivision 1, is amended to read: 
  2.24     Subdivision 1.  Any agency of the state, any public benefit 
  2.25  corporation, any local, county or regional unit of government, 
  2.26  or any other entity possessing powers of eminent domain under 
  2.27  chapter 117, shall follow the procedures contained in this 
  2.28  section before (1) acquiring any land or easement having a gross 
  2.29  area over ten acres one acre in size within agricultural 
  2.30  preserves; or (2) advancing a grant, loan, interest subsidy or 
  2.31  other funds for the construction of dwellings, commercial or 
  2.32  industrial facilities, or water or sewer facilities that could 
  2.33  be used to serve nonfarm structures within agricultural 
  2.34  preserves.  
  2.35     Sec. 5.  Minnesota Statutes 1994, section 473H.15, 
  2.36  subdivision 9, is amended to read: 
  3.1      Subd. 9.  The environmental quality board shall be 
  3.2   empowered to suspend any eminent domain action for up to one 
  3.3   year which it determines to be contrary to the purposes of 
  3.4   sections 473H.02 to 473H.17 and for which it determines there 
  3.5   are feasible and prudent alternatives which have less negative 
  3.6   impact on the agricultural preserves.  Economic considerations 
  3.7   alone are not sufficient to justify an eminent domain action.  
  3.8      Sec. 6.  [APPLICATION.] 
  3.9      Section 3 applies in the counties of Anoka, Carver, Dakota, 
  3.10  Hennepin, Ramsey, Scott, and Washington.