HF 915

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to transportation; modifying provisions
relating to aeronautics; making clarifying changes;
amending Minnesota Statutes 2004, sections 360.305,
subdivision 4; 360.55, subdivisions 2, 3, 4, 4a;
360.58; 360.59, subdivisions 2, 5, 7, 8; 360.63,
subdivision 2; 360.67, subdivision 4; 394.22,
subdivision 12; 394.361, subdivisions 1, 3; 462.352,
subdivision 10; 462.355, subdivision 4; 462.359,
subdivisions 1, 3; repealing Minnesota Statutes 2004,
section 360.59, subdivisions 4, 9.

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

Section 1.

Minnesota Statutes 2004, section 360.305,
subdivision 4, is amended to read:

Subd. 4.

Costs allocated; local contribution; hangar
construction account.

(a) Except as otherwise provided in this
subdivision, the commissioner of transportation shall require as
a condition of assistance by the state that the political
subdivision, municipality, or public corporation make a
substantial contribution to the cost of the construction,
improvement, maintenance, or operation of the airport, in
connection with which the assistance of the state is sought.
These costs are referred to as project costs.

(b) For any airport, whether key, intermediate, or landing
strip, where only state and local funds are to be used, the
contribution shall be not less than one-fifth of the sum of:

(1) the project costs;

(2) acquisition costs of the land and clear zones, which
are referred to as acquisition costs.

(c) For any airport where federal, state, and local funds
are to be used, the contribution shall not be less than five
percent of the sum of the project costs and acquisition costs.

(d) The commissioner may pay the total cost of radio and
navigational aids.

(e) Notwithstanding paragraph (b) or (c), the commissioner
may pay all of the project costs of a new landing strip, but not
an intermediate airport or key airport, or may pay an amount
equal to the federal funds granted and used for a new landing
strip plus all of the remaining project costs; but the total
amount paid by the commissioner for the project costs of a new
landing strip, unless specifically authorized by an act
appropriating funds for the new landing strip, shall not exceed
$200,000.

(f) Notwithstanding paragraph (b) or (c), the commissioner
may pay all the project costs for research and development
projects, including, but not limited to noise abatement;
provided that in no event shall the sums expended under this
paragraph exceed five percent of the amount appropriated for
construction grants.

(g) To receive aid under this section for project costs or
for acquisition costs, the municipality must enter into an
agreement with the commissioner giving assurance that the
airport will be operated and maintained in a safe, serviceable
manner for aeronautical purposes only for the use and benefit of
the public:

(1) for 20 years after the date that any state funds for
project costs are received by the municipality; and

(2) for 99 years after the date that any state funds for
acquisition costs are received by the municipality. new text begin If any land
acquired with state funds ceases to be used for aviation
purposes, the municipality shall repay the state airports fund
the same percentage of the appraised value of the property as
that percentage of the costs of acquisition and participation
provided by the state to acquire the land.
new text end

The agreement may contain other conditions as the commissioner
deems reasonable.

(h) The commissioner shall establish a hangar construction
revolving account new text begin , new text end which shall be used for the purpose of
financing the construction of hangar buildings to be constructed
by municipalities owning airports. All municipalities owning
airports are authorized to enter into contracts for the
construction of hangars, and contracts with the commissioner for
the financing of hangar construction for an amount and period of
time as may be determined by the commissioner and municipality.
All receipts from the financing contracts shall be deposited in
the hangar construction revolving account and are reappropriated
for the purpose of financing construction of hangar buildings.
The commissioner may pay from the hangar construction revolving
account 80 percent of the cost of financing construction of
hangar buildings. For purposes of this deleted text begin clause deleted text end new text begin paragraph new text end , the
construction of hangars shall include their design. The
commissioner shall transfer up to $4,400,000 from the state
airports fund to the hangar construction revolving account.

(i) The commissioner may pay a portion of the purchase
price of any airport maintenance and safety equipment and of the
actual airport snow removal costs incurred by any municipality.
The portion to be paid by the state shall not exceed two-thirds
of the cost of the purchase price or snow removal. To receive
aid a municipality must enter into an agreement of the type
referred to in paragraph (g).

(j) This subdivision deleted text begin shall apply deleted text end new text begin applies new text end only to project
costs or acquisition costs of municipally owned airports deleted text begin which
are deleted text end incurred after June 1, 1971.

Sec. 2.

Minnesota Statutes 2004, section 360.55,
subdivision 2, is amended to read:

Subd. 2.

Transacting official business.

Aircraft owned
and used solely in the transaction of official business by
representatives of foreign powers, by the federal government, or
by the state or any municipality thereof deleted text begin shall be deleted text end new text begin are new text end exempt
from the provisions of sections 360.54 to 360.67 requiring the
payment of a tax, but all such aircraft, except those owned by
representatives of foreign powers or by the federal government,
deleted text begin shall deleted text end new text begin must new text end be registered as required by sections 360.54 to
360.67 deleted text begin and shall display tax-exempt number plates, labels, or
stamps furnished by the commissioner at cost deleted text end . The exemption
herein provided deleted text begin shall deleted text end new text begin does new text end not apply to any aircraft except
those owned by representatives of foreign powers or by the
federal government and except deleted text begin such deleted text end new text begin those new text end aircraft as may be used
in general police work, unless the name of the state department
or the municipality owning deleted text begin such deleted text end new text begin the new text end aircraft deleted text begin shall be deleted text end new text begin is new text end plainly
printed on both sides thereof in letters of a size and character
to be prescribed by the commissioner.

Sec. 3.

Minnesota Statutes 2004, section 360.55,
subdivision 3, is amended to read:

Subd. 3.

Civil air patrol.

Any aircraft owned and used
solely in the transaction of official business by any unit of
the civil air patrol created by Public Law 476, 79th Congress,
Public Law 557, 80th Congress, or acts amendatory thereto,
whether or not the title to deleted text begin such deleted text end new text begin the new text end aircraft is retained by the
federal government or vested in such unit unconditionally, deleted text begin shall
be deleted text end new text begin is new text end exempt from the provisions of sections 360.54 to 360.57
requiring the payment of tax, but all such aircraft deleted text begin shall deleted text end new text begin must
new text end be registered as required by sections 360.54 to 360.57 deleted text begin and shall
display tax-exempt number plates, labels or stamps furnished by
the commissioner at cost deleted text end .

Sec. 4.

Minnesota Statutes 2004, section 360.55,
subdivision 4, is amended to read:

Subd. 4.

Collector's aircraft deleted text begin ; special plates deleted text end .

(a) For
purposes of this subdivision:

(1) "antique aircraft" means an aircraft constructed by the
original manufacturer, or its licensee, on or before December
31, 1945, with the exception of certain pre-World War II
aircraft models that had only a small post-war production, such
as Beechcraft Staggerwing, Fairchild 24, and Monocoupe; and

(2) "classic aircraft" means an aircraft constructed by the
original manufacturer, or its licensee, on or after January 1,
1946, and has a first year of life that precedes the date of
registration by at least 50 years.

(b) If an antique or classic aircraft is owned and operated
solely as a collector's item, its owner may list it for taxation
and registration as follows: A sworn affidavit deleted text begin shall deleted text end new text begin must new text end be
executed stating new text begin (1) new text end the name and address of the owner, new text begin (2) new text end the
name and address of the person from whom purchased, new text begin (3) new text end the
new text begin aircraft's new text end make deleted text begin of the aircraft deleted text end , year deleted text begin and deleted text end new text begin , new text end model number deleted text begin of the
aircraft deleted text end , deleted text begin the deleted text end federal aircraft registration number, deleted text begin the deleted text end new text begin and
new text end manufacturer's identification number, and new text begin (4) new text end that the aircraft
is owned and operated solely as a collector's item and not for
general transportation or commercial operations purposes. The
affidavit deleted text begin shall deleted text end new text begin must new text end be filed with the commissioner along with a
fee of $25.

(c) Upon satisfaction that the affidavit is true and
correct, the commissioner shall issue to the applicant deleted text begin special
number plates, decalcomania labels, or stamps bearing the
inscription "Classic" or "Antique," "Minnesota" and the
registration number but no date deleted text end new text begin a registration certificate new text end . The
deleted text begin special number plates, decalcomania labels, or stamps
are deleted text end new text begin registration certificate is new text end valid without renewal as long as
the owner operates the aircraft solely as a collector's item.

(d) Should an antique or classic aircraft be operated other
than as a collector's item, the deleted text begin special number plates,
decalcomania labels, or stamps shall be deleted text end new text begin registration certificate
becomes new text end void deleted text begin and removed, deleted text end and the owner shall list the aircraft
for taxation and registration in accordance with the other
provisions of sections 360.511 to 360.67.

(e) Upon the sale of an antique or classic aircraft, the
new owner must list the aircraft for taxation and registration
in accordance with deleted text begin the provisions of deleted text end this subdivision, including
the payment deleted text begin of a $25 fee to obtain new special plates or payment
deleted text end of a $5 fee to deleted text begin retain and deleted text end transfer the deleted text begin existing special plates
deleted text end new text begin registration new text end to the deleted text begin name of the deleted text end new owner, or the other
provisions of sections 360.511 to 360.67, whichever is
applicable.

(f) In the event of deleted text begin defacement, deleted text end loss deleted text begin , deleted text end or destruction of the
deleted text begin special number plates, decalcomania labels, or
stamps deleted text end new text begin registration certificate new text end , and upon receiving and filing a
sworn affidavit of the aircraft owner setting forth the
circumstances, together with deleted text begin any defaced plates, labels, or
stamps and deleted text end a fee of $5, the commissioner shall issue new text begin a
new text end replacement deleted text begin plates, labels, or stamps deleted text end new text begin certificate new text end . deleted text begin The
commissioner shall note on the records the issue of replacement
number and shall proceed to cancel the original plates, labels,
or stamps.
deleted text end

Sec. 5.

Minnesota Statutes 2004, section 360.55,
subdivision 4a, is amended to read:

Subd. 4a.

Recreational aircraft; classic license.

new text begin (a) new text end An
aircraft that has a base price for tax purposes under section
360.531 of $10,000 or less, and that is owned and operated
solely for recreational purposes, may be listed for taxation and
registration by executing a sworn affidavit stating (1) the name
and address of the owner, (2) the name and address of the person
from whom purchased, (3) the aircraft's make, year, model
number, federal aircraft registration number, and manufacturer's
identification number, and (4) that the aircraft is owned and
operated solely as a recreational aircraft and not for
commercial operational purposes. The affidavit must be filed
with the commissioner along with an annual $25 fee.

new text begin (b) new text end On being satisfied that the affidavit is true and
correct, the commissioner shall issue to the applicant a deleted text begin decal
deleted text end new text begin registration certificate new text end .

new text begin (c) new text end Should the aircraft be operated other than as a
recreational aircraft, the owner shall list the aircraft for
taxation and registration and pay the appropriate registration
fee under sections 360.511 to 360.67.

new text begin (d) new text end If the aircraft is sold, the new owner shall list the
aircraft for taxation and registration under this subdivision,
including the payment of the annual $25 fee, or under sections
360.511 to 360.67, whichever is applicable.

Sec. 6.

Minnesota Statutes 2004, section 360.58, is
amended to read:

360.58 OPERATION WITHOUT REGISTRATION OR PAYMENT.

deleted text begin No aircraft deleted text end Except as exempted by sections 360.54 and
360.55 new text begin , a person new text end shall new text begin not new text end use or deleted text begin be operated deleted text end new text begin operate an
aircraft new text end in the air space over this state or upon any of the
airports deleted text begin thereof in the tax period of January 1, 1966, to and
including June 30, 1967, or in any fiscal year thereafter deleted text end new text begin of
this state new text end until deleted text begin it shall have deleted text end new text begin the aircraft has new text end been registered
as required in sections 360.54 to 360.67 and the aircraft tax
and fees herein provided deleted text begin shall deleted text end have been paid deleted text begin and the number
plates, labels, or stamps issued therefor shall be duly
displayed on such aircraft. A purchaser of a new aircraft may
operate the aircraft without such plates, labels, or stamps upon
securing from the commissioner, or any person designated by the
commissioner for that purpose, a permit to operate such aircraft
pending the issuance of plates, such permit shall be valid for
not more than 15 days deleted text end .

Sec. 7.

Minnesota Statutes 2004, section 360.59,
subdivision 2, is amended to read:

Subd. 2.

Agent or lienor may list.

Any act required
herein of an owner may be performed in the owner's behalf by a
duly authorized agent. Any person having a lien upon, or claim
to, any aircraft may pay any tax due thereon to prevent the
penalty for delayed registration from accruing, but the
registration certificate deleted text begin and number plates deleted text end shall not be issued
until legal ownership is definitely determined.

Sec. 8.

Minnesota Statutes 2004, section 360.59,
subdivision 5, is amended to read:

Subd. 5.

Commissioner to approve.

The commissioner shall
approve applications deleted text begin and issue number plates deleted text end for any aircraft.
When an applicant is listing the same aircraft for taxation and
registration for the second and succeeding time the registration
certificate issued for the prior year need not be delivered to
the commissioner; but in case of a transfer or sale the
registration certificate therefor issued or proof of loss
thereof by sworn statement shall be delivered to the
commissioner. The commissioner shall be satisfied from the
records that all taxes and fees due hereunder shall have been
paid, and endorsements upon said certificate or sworn proof of
loss in writing signed by the seller and purchaser, shall
furnish proof that the applicant for registration is paying or
receiving credit for the tax upon the aircraft of which the
applicant is the rightful possessor.

Sec. 9.

Minnesota Statutes 2004, section 360.59,
subdivision 7, is amended to read:

Subd. 7.

Transfer of ownership.

Upon the transfer of
ownership deleted text begin , deleted text end new text begin ; the new text end destruction, theft, new text begin or new text end dismantling deleted text begin as such, deleted text end new text begin ;
new text end or the permanent removal by the owner deleted text begin thereof deleted text end from this state new text begin ,
new text end of any aircraft registered in accordance with deleted text begin the provisions of
deleted text end sections 360.511 to 360.67, the right of the owner of deleted text begin such deleted text end new text begin the
new text end aircraft to use the registration certificate deleted text begin and number plates
deleted text end assigned deleted text begin such deleted text end new text begin the new text end aircraft deleted text begin shall expire, and such certificate
and any existing plates shall be, by such deleted text end new text begin expires. The
new text end owner deleted text begin , deleted text end new text begin shall new text end forthwith deleted text begin returned deleted text end new text begin return the certificate new text end with
transportation prepaid to the commissioner with a signed notice
of the date and manner of termination of ownership, giving the
name and post office address, with street and number deleted text begin , deleted text end if in a
city, of the person to whom transferred deleted text begin ; provided, however, that
whenever the ownership of an aircraft shall be transferred to
another who shall forthwith register the same in that person's
name, the commissioner may permit the manual delivery of such
plates to the new owner of such aircraft deleted text end . On becoming the owner
by gift, trade, or purchase of any aircraft for which a
registration certificate has been deleted text begin theretofore deleted text end issued under deleted text begin the
provisions of deleted text end sections 360.511 to 360.67, a person, including a
dealer or manufacturer, shall, within seven days after acquiring
ownership, join with the registered owner in transmitting with
an application the deleted text begin said deleted text end registration certificate with the
assignment and notice of sale duly executed upon the reverse
side deleted text begin thereof deleted text end , or in case of loss of deleted text begin such deleted text end new text begin the new text end certificate, with
such proof of loss by sworn statements in writing as shall be
satisfactory to the commissioner. Upon the transfer of any
aircraft by a manufacturer or dealer, for use within the state,
whether by sale, lease, or otherwise, deleted text begin such deleted text end new text begin the new text end manufacturer or
dealer shall, within seven days after deleted text begin such deleted text end new text begin the new text end transfer,
transmit the transferee's application for registration deleted text begin thereof
and such deleted text end new text begin . The new text end manufacturer or dealer shall each month file with
the commissioner a notice or report containing the date of
deleted text begin such deleted text end new text begin the new text end transfer, a description of deleted text begin such deleted text end new text begin the new text end aircraft, and the
name, street and number of residence deleted text begin , deleted text end if in a city, and post
office address of the transferee.

Sec. 10.

Minnesota Statutes 2004, section 360.59,
subdivision 8, is amended to read:

Subd. 8.

Amendment, suspension, modification,
revocation.

All registrations deleted text begin and issue of number plates shall
be deleted text end new text begin are new text end subject to amendment, suspension, modification, or
revocation by the commissioner summarily for any violation of or
neglect to comply with deleted text begin the provisions of deleted text end sections 360.511 to
360.67. In any case where the proper registration of an
aircraft is dependent upon procuring information entailing such
delay as to unreasonably deprive the owner of the use of the
aircraft, the commissioner may issue a tax receipt deleted text begin and plates
deleted text end conditionally. In any case when revoking a registration for
cause, the commissioner deleted text begin shall have deleted text end new text begin has the new text end authority to demand
the return of the deleted text begin number plates and deleted text end registration certificate
deleted text begin and, if necessary, to seize the number plates issued for such
registration deleted text end .

Sec. 11.

Minnesota Statutes 2004, section 360.63,
subdivision 2, is amended to read:

Subd. 2.

deleted text begin dealers' plates deleted text end new text begin aircraft demonstration new text end .

deleted text begin Any
licensed aircraft dealer may apply to the commissioner for one
or more aircraft dealers' plates. A charge of $15 shall be made
for each such plate. deleted text end Any aircraft owned by deleted text begin said deleted text end new text begin an aircraft
new text end dealer new text begin , licensed under this section, new text end may be used for the purpose
of demonstration or for any purpose incident to the usual
conduct and operation of business as an aircraft dealer;
deleted text begin provided aircraft dealers' plates are conspicuously attached to
the aircraft when so used, and deleted text end provided deleted text begin said deleted text end new text begin the new text end aircraft has
been first listed with the commissioner on an aircraft
withholding form provided by the commissioner.

Sec. 12.

Minnesota Statutes 2004, section 360.67,
subdivision 4, is amended to read:

Subd. 4.

Fraud.

Any person who deleted text begin :
deleted text end

deleted text begin (1) uses any number plates, label, or stamp or registration
certificate upon or in connection with any aircraft except the
one for which the same were duly issued, or upon any such
aircraft after the certificate, plates, label, or stamp or the
right to use the same have expired, or retains in possession or
fails to surrender as provided in sections 360.511 to 360.67 any
such number plates, label, stamp, or registration certificate;
deleted text end

deleted text begin (2) displays, or causes to be displayed, or has in
possession any canceled, revoked, suspended, or fraudulently
obtained or stolen registration plates, label, or stamp;
deleted text end

deleted text begin (3) lends the person's registration plates, label, or stamp
to any person or knowingly permits the use thereof by another;
deleted text end

deleted text begin (4) displays or represents as the person's own any
registration plates, label, or stamp not issued to the person;
provided, this shall not apply to any legal change of ownership
of the aircraft to which the plates, label, or stamp are
attached;
deleted text end

deleted text begin (5) deleted text end uses a false or fictitious name or address or
description of the aircraft, engine number, or frame number in
any application for registration of an aircraft or knowingly
makes a false statement or knowingly conceals a material fact or
otherwise commits a fraud in any such application deleted text begin ; or
deleted text end

deleted text begin (6) defaces or alters any registration certificate or
number plates or retains the same in possession after the same
have been defaced or altered,
deleted text end

deleted text begin shall be deleted text end new text begin is new text end guilty of a misdemeanor.

Sec. 13.

Minnesota Statutes 2004, section 394.22,
subdivision 12, is amended to read:

Subd. 12.

Official map.

"Official map" means a map
adopted in accordance with section 394.361 new text begin , new text end which may show
existing county roads and county state new text begin - new text end aid highways, proposed
future county roads and highways, the area needed for widening
existing county roads and highways, and existing and future
state trunk highway rights-of-way. An official map may also
show the location of existing public land and facilities and
other land needed for future public purposes, including public
facilities such as parks, playgrounds, schools, and other public
buildings, civic centers, new text begin airports, new text end and travel service
facilities. When requested in accordance with section 394.32,
subdivision 3, an official map may include existing and planned
public land uses within incorporated areas.

Sec. 14.

Minnesota Statutes 2004, section 394.361,
subdivision 1, is amended to read:

Subdivision 1.

Future public uses.

Land that is needed
for future street and highway purposes new text begin , or for aviation
purposes, new text end and as sites for other necessary public facilities and
services is frequently diverted to nonpublic uses deleted text begin which deleted text end new text begin that
new text end could have been located on other lands without hardship or
inconvenience to the owners. When this happens, public uses of
land may be denied or may be obtained later only at prohibitive
cost or at the expense of dislocating the owners and occupants
of the land. Identification on official maps of land needed for
future public uses permits both the public and private property
owners to adjust their building plans equitably and conveniently
before investments are made deleted text begin which deleted text end new text begin that new text end will make deleted text begin such
deleted text end adjustments difficult to accomplish.

Sec. 15.

Minnesota Statutes 2004, section 394.361,
subdivision 3, is amended to read:

Subd. 3.

Effect.

After an official map has been adopted
and filed, the issuance of land use or zoning permits or
approvals by the county deleted text begin shall be deleted text end new text begin is new text end subject to the provisions of
this section. Whenever any street or highway is widened or
improved or any new street is opened, or interests in lands for
other public purposes new text begin , including aviation purposes, new text end are acquired
by the county, it is not required in such proceedings to pay for
any building or structure placed without a permit or approval or
in violation of conditions of a permit or approval within the
limits of the mapped street or highway or outside of any
building line that may have been established upon the existing
street or within any area thus identified for public purposes new text begin ,
including aviation purposes new text end . The adoption of official maps does
not give the county any right, title new text begin , new text end or interest in areas
identified for public purposes thereon, but the adoption of a
map does authorize the county to acquire deleted text begin such deleted text end new text begin these new text end interests
without paying compensation for buildings or structures erected
in deleted text begin such deleted text end new text begin those new text end areas without a permit or approval or in violation
of the conditions of a permit or approval. deleted text begin The provisions of
deleted text end This subdivision deleted text begin shall deleted text end new text begin does new text end not apply to buildings or structures
in existence prior to the filing of the official map.

Sec. 16.

Minnesota Statutes 2004, section 462.352,
subdivision 10, is amended to read:

Subd. 10.

Official map.

"Official map" means a map
adopted in accordance with section 462.359 new text begin , new text end which may show
existing and proposed future streets, roads, deleted text begin and deleted text end highways new text begin , and
airports new text end of the municipality and county, the area needed for
widening of existing streets, roads, and highways of the
municipality and county, and existing and future county state
aid highways and state trunk highway rights-of-way. An official
map may also show the location of existing and future public
land and facilities within the municipality. In counties in the
metropolitan area as defined in section 473.121, official maps
may for a period of up to five years designate the boundaries of
areas reserved for purposes of soil conservation, water supply
conservation, flood control new text begin , new text end and surface water drainage and
removal new text begin , new text end including appropriate regulations protecting deleted text begin such deleted text end new text begin those
new text end areas against encroachment by buildings deleted text begin , deleted text end new text begin or new text end other physical
structures or facilities.

Sec. 17.

Minnesota Statutes 2004, section 462.355,
subdivision 4, is amended to read:

Subd. 4.

Interim ordinance.

If a municipality is
conducting studies or has authorized a study to be conducted or
has held or has scheduled a hearing for the purpose of
considering adoption or amendment of a comprehensive plan or
official controls as defined in section 462.352, subdivision 15,
or if new territory for which plans or controls have not been
adopted is annexed to a municipality, the governing body of the
municipality may adopt an interim ordinance applicable to all or
part of its jurisdiction for the purpose of protecting the
planning process and the health, safety and welfare of its
citizens. The interim ordinance may regulate, restrict new text begin , new text end or
prohibit any use, development, or subdivision within the
jurisdiction or a portion thereof for a period not to exceed one
year from the date it is effective. The period of an interim
ordinance applicable to an area that is affected by a city's
master plan for a municipal airport may be extended for such
additional periods as the municipality may deem appropriate, not
exceeding a total additional period of 18 months deleted text begin in the case
where the Minnesota Department of Transportation has requested a
city to review its master plan for a municipal airport prior to
August 1, 2004 deleted text end . In all other cases, no interim ordinance may
halt, delay, or impede a subdivision deleted text begin which deleted text end new text begin that new text end has been given
preliminary approval, nor may any interim ordinance extend the
time deadline for agency action set forth in section 15.99 with
respect to any application filed prior to the effective date of
the interim ordinance. The governing body of the municipality
may extend the interim ordinance after a public hearing and
written findings have been adopted based upon one or more of the
conditions in clause (1), (2), or (3). The public hearing must
be held at least 15 days but not more than 30 days before the
expiration of the interim ordinance, and notice of the hearing
must be published at least ten days before the hearing. The
interim ordinance may be extended for the following conditions
and durations, but, except as provided in clause (3), an interim
ordinance may not be extended more than an additional 18 months:

(1) up to an additional 120 days following the receipt of
the final approval or review by a federal, state, or
metropolitan agency when the approval is required by law and the
review or approval has not been completed and received by the
municipality at least 30 days before the expiration of the
interim ordinance;

(2) up to an additional 120 days following the completion
of any other process required by a state statute, federal law,
or court order, when the process is not completed at least 30
days before the expiration of the interim ordinance; or

(3) up to an additional one year if the municipality has
not adopted a comprehensive plan under this section at the time
the interim ordinance is enacted.

Sec. 18.

Minnesota Statutes 2004, section 462.359,
subdivision 1, is amended to read:

Subdivision 1.

Statement of purpose.

Land that is needed
for future street purposes new text begin or for aviation purposes new text end and as sites
for other necessary public facilities and services is frequently
diverted to nonpublic uses deleted text begin which deleted text end new text begin that new text end could have been located on
other lands without hardship or inconvenience to the owners.
When this happens, public uses of land may be denied or may be
obtained later only at prohibitive cost or at the expense of
dislocating the owners and occupants of the land.
Identification on an official map of land needed for future
public uses permits both the public and private property owners
to adjust their building plans equitably and conveniently before
investments are made deleted text begin which deleted text end new text begin that new text end will make deleted text begin such deleted text end adjustments
difficult to accomplish.

Sec. 19.

Minnesota Statutes 2004, section 462.359,
subdivision 3, is amended to read:

Subd. 3.

Effect.

After an official map has been adopted
and filed, the issuance of building permits by the municipality
deleted text begin shall be deleted text end new text begin is new text end subject to deleted text begin the provisions of deleted text end this section. Whenever
any street or highway is widened or improved or any new street
is opened, or interests in lands for other public purposes new text begin ,
including aviation purposes, new text end are acquired by the municipality,
it is not required in such proceedings to pay for any building
or structure placed without a permit or in violation of
conditions of a permit within the limits of the mapped street or
outside of any building line that may have been established upon
the existing street or within any area thus identified for
public purposes. The adoption of an official map does not give
the municipality any right, title, or interest in areas
identified for public purposes thereon, but the adoption of the
map does authorize the municipality to acquire deleted text begin such deleted text end interests
without paying compensation for buildings or structures erected
in deleted text begin such deleted text end new text begin those new text end areas without a permit or in violation of the
conditions of a permit.

Sec. 20. new text begin PARKING LOT LEASE.
new text end

new text begin Notwithstanding any law to the contrary, the commissioner
of administration shall negotiate a lease with a prospective
tenant regarding the use for fair market value of the parking
lot of the state-owned building at 222 East Plato Boulevard in
the city of St. Paul. Money received by reason of the lease
must be deposited in the state airports fund.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end

Sec. 21. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, section 360.59, subdivisions 4 and
9, are repealed.
new text end