HF 1673

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:53am

A bill for an act
relating to natural resources; establishing a conservation easement management
account; requiring contributions; proposing coding for new law in Minnesota
Statutes, chapter 84C.

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

Section 1.

new text begin [84C.021] CONSERVATION EASEMENT PURPOSE STATEMENT.
new text end

new text begin A conservation easement executed on or after July 1, 2009, that is purchased in
whole or in part with state funds, must include a statement of the conservation purposes of
the easement including the conservation attributes associated with the real property and
the benefit to the general public intended to be served by the restriction on uses of the real
property subject to the conservation easement.
new text end

Sec. 2.

new text begin [84C.06] CONSERVATION EASEMENT MANAGEMENT ACCOUNT.
new text end

new text begin Subdivision 1. new text end

new text begin Account established. new text end

new text begin A conservation easement management account
is established in the special revenue fund. The commissioner of finance shall credit to
the conservation easement management account the receipts from conservation easement
holders required under subdivision 2 and any gifts and donations made to the account.
new text end

new text begin Subd. 2. new text end

new text begin Contribution required. new text end

new text begin (a) A holder of a conservation easement executed
on or after July 1, 2009, that is purchased in whole or in part with state funds, shall
contribute five percent of the appraised value of the land to the conservation easement
management account established in subdivision 1 within 30 days of purchasing the
easement.
new text end

new text begin (b) A holder of a conservation easement that transfers a conservation easement to
the state on or after July 1, 2009, shall contribute five percent of the appraised value of
the land to the conservation easement management account established in subdivision 1
within 30 days of transferring the easement unless the contribution requirement has been
met by the state.
new text end

new text begin (c) Nothing in this section prohibits a holder of an easement from accepting gifts
or other funds to be used in meeting the contribution requirements of this section or
prohibits a contribution from being made on behalf of a holder of an easement to meet
the requirements of this section.
new text end

new text begin (d) For the purposes of this section, "appraised value" is the most recent assessor's
estimated market value under section 273.11, subdivision 1, the most recent purchase
price, or the most recent appraised value of the land, whichever is greater.
new text end

new text begin Subd. 3. new text end

new text begin Exemption. new text end

new text begin The commissioner of natural resources may waive the
contribution requirement under subdivision 2 for a holder of a conservation easement,
upon request, provided the following conditions are met:
new text end

new text begin (1) the holder is a private entity with a history of providing long-term conservation
easement management, monitoring, and enforcement;
new text end

new text begin (2) the holder demonstrates the ability to fund long-term conservation easement
management, monitoring, and enforcement of conservation easements; and
new text end

new text begin (3) the holder has or soon will set aside funds for the management, monitoring, and
enforcement of the conservation easement subject to the requirement under subdivision 2,
such as administration of an account similar to the conservation easement management
account established under this section.
new text end

new text begin Subd. 4. new text end

new text begin Expenditures. new text end

new text begin Money appropriated from the conservation easement
management account must only be spent on the management, monitoring, and enforcement
of conservation easements to ensure that the purposes for conservation easements
according to section 84C.021 are met. Funds must be appropriated by law and shall not be
appropriated until July 1, 2017.
new text end

Sec. 3. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 and 2 are effective July 1, 2009.
new text end