HF 896

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

  1.1                          A bill for an act 
  1.2             relating to land use; precluding the termination of 
  1.3             lawful land uses by amortization; authorizing the 
  1.4             enforcement of a particular ordinance relating to 
  1.5             amortization; amending Minnesota Statutes 1998, 
  1.6             sections 394.21, by adding a subdivision; and 462.357, 
  1.7             by adding a subdivision. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1998, section 394.21, is 
  1.10  amended by adding a subdivision to read: 
  1.11     Subd. 1a.  [AMORTIZATION PROHIBITED.] A county, regardless 
  1.12  of population, under this chapter or under a special or local 
  1.13  law, must not enact, amend, or enforce an ordinance providing 
  1.14  for the elimination or termination of a use by amortization 
  1.15  which use was lawful at the time of its inception. 
  1.16     Sec. 2.  Minnesota Statutes 1998, section 462.357, is 
  1.17  amended by adding a subdivision to read: 
  1.18     Subd. 1c.  [AMORTIZATION PROHIBITED.] A municipality must 
  1.19  not enact, amend, or enforce an ordinance providing for the 
  1.20  elimination or termination of a use by amortization which use 
  1.21  was lawful at the time of its inception. 
  1.22     Sec. 3.  [CITY OF ST. LOUIS PARK.] 
  1.23     Notwithstanding section 2, the city of St. Louis Park may 
  1.24  enforce ordinance number 14:7-4.1 (1995), adopted by the city on 
  1.25  October 2, 1995, relating to the amortization of a nonconforming 
  1.26  ready-mix facility. 
  2.1      Sec. 4.  [EFFECTIVE DATE.] 
  2.2      Sections 1 and 2 are effective the day after their final 
  2.3   enactment.  Section 3 is effective the day after its final 
  2.4   enactment without local approval, as provided in Minnesota 
  2.5   Statutes, section 645.023.