HF 162

as introduced - 91st Legislature (2019 - 2020) Posted on 01/17/2019 02:46pm

A bill for an act
relating to state and local government; limiting amount a public agency may pay
to acquire real property or an interest in real property; proposing coding for new
law in Minnesota Statutes, chapter 15; repealing Minnesota Statutes 2018, section
16B.297.

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

Section 1.

new text begin [15.0541] PURCHASE OF PROPERTY.
new text end

new text begin Notwithstanding any other provision in law or rule, a public agency, as defined in section
15.71, subdivision 3, authorized to acquire real property or an interest in real property with
public money, that is purchasing real property, shall not pay more than the county-assessed
value of the real property.
new text end

Sec. 2. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2018, section 16B.297, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 19-0686

16B.297 ACQUISITION OF REAL PROPERTY.

Subdivision 1.

Definition.

For the purposes of this section, "agency" means an agency as defined in section 16B.01, subdivision 2, and the Board of Trustees of the Minnesota State Colleges and Universities, but does not include the Department of Transportation, the Department of Natural Resources, or the Board of Water and Soil Resources.

Subd. 2.

Maximum price.

When an agency is authorized to acquire real property or an interest in real property with public money, the procedure in this section applies. The agency must first prepare a fact sheet providing a legal description of the real property to be acquired and the legal authority for its acquisition. The agency must obtain an appraisal of the real property by a person licensed under chapter 82B as an appraiser for the type of real property being appraised and the appraisal must be done in accordance with the requirements of chapter 82B. The appraiser shall not have an interest directly or indirectly in any of the real property to be appraised. The agency may pay less for the property than the appraised value but must not agree to pay more than ten percent above the appraised value. If the real property is appraised at less than $100,000 by the agency and the seller, the agency may pay more than 110 percent of the agency's appraised value but no more than the seller's appraised value. New appraisals may be made at the discretion of the agency.