HF 1798

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:55am

A bill for an act
relating to taxation; property; requiring compliance with certain laws to
participate in certain agriculture property tax programs; amending Minnesota
Statutes 2008, sections 40A.09; 273.111, by adding a subdivision; 473H.04,
subdivision 2.

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

Section 1.

Minnesota Statutes 2008, section 40A.09, is amended to read:

40A.09 AGRICULTURAL PRESERVE; ELIGIBILITY.

An owner or owners of land that has been designated for exclusive long-term
agricultural use under a plan submitted to or approved by the commissioner is eligible
to apply for the creation of an agricultural preserve. Eligibility continues unless the
commissioner determines that the plan and official controls do not address the elements
contained in this chapter or unless the county fails to implement the plan and official
controls as required by this chapter. new text begin An owner of land in the agricultural preserve shall
lose eligibility for participation and be subject to repayment of all tax benefits received
under the program if the owner is:
new text end

new text begin (1) subject to an administrative, civil, or criminal penalty under chapter 18D for a
violation of pesticide or fertilizer control law in chapter 18B or 18C; or
new text end

new text begin (2) subject to enforcement action for a violation of state water law as contained
in chapters 103E, 103F, 103G, and 103H.
new text end

Sec. 2.

Minnesota Statutes 2008, section 273.111, is amended by adding a subdivision
to read:

new text begin Subd. 9a. new text end

new text begin Cross-compliance with applicable laws. new text end

new text begin A person with real property
otherwise qualifying under subdivision 3 shall lose eligibility for deferment and be subject
to additional taxes under subdivision 9 if the person is:
new text end

new text begin (1) subject to an administrative, civil, or criminal penalty under chapter 18D for a
violation of pesticide or fertilizer control law in chapter 18B or 18C; or
new text end

new text begin (2) subject to enforcement action for a violation of state water law as contained
in chapters 103E, 103F, 103G, and 103H.
new text end

Sec. 3.

Minnesota Statutes 2008, section 473H.04, subdivision 2, is amended to read:

Subd. 2.

When eligibility ends.

Land shall cease to be eligible for designation as
an agricultural preserve when the comprehensive plan and zoning for the land have been
amended so that the land is no longer planned for long-term agricultural use and is no
longer zoned for long-term agricultural use, evidenced by a maximum residential density
permitting more than one unit per 40 acres. When changes have been made, the authority
shall certify by resolution and appropriate maps which lands are no longer eligible. At
least two weeks before the resolution is to be adopted, the authority shall publish a notice
of its intended action in a newspaper having a general circulation within the area of
jurisdiction of the authority. new text begin An owner of land in a metropolitan agricultural preserve shall
lose eligibility for participation and be subject to repayment of all tax benefits received
under the program if the owner is:
new text end

new text begin (1) subject to an administrative, civil, or criminal penalty under chapter 18D for a
violation of pesticide or fertilizer control law in chapter 18B or 18C; or
new text end

new text begin (2) subject to enforcement action for a violation of state water law as contained
in chapters 103E, 103F, 103G, and 103H.
new text end