HF 1912

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to taxation; providing a reduced class rate 
  1.3             for certain property bordering public waters; amending 
  1.4             Minnesota Statutes 1996, section 273.13, subdivision 
  1.5             23. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1996, section 273.13, 
  1.8   subdivision 23, is amended to read: 
  1.9      Subd. 23.  [CLASS 2.] (a) Class 2a property is agricultural 
  1.10  land including any improvements that is homesteaded.  The market 
  1.11  value of the house and garage and immediately surrounding one 
  1.12  acre of land has the same class rates as class 1a property under 
  1.13  subdivision 22.  The value of the remaining land including 
  1.14  improvements up to $115,000 has a net class rate of .45 percent 
  1.15  of market value and a gross class rate of 1.75 percent of market 
  1.16  value.  The remaining value of class 2a property over $115,000 
  1.17  of market value that does not exceed 320 acres has a net class 
  1.18  rate of one percent of market value, and a gross class rate of 
  1.19  2.25 percent of market value.  The remaining property over the 
  1.20  $115,000 market value in excess of 320 acres has a class rate of 
  1.21  1.5 percent of market value, and a gross class rate of 2.25 
  1.22  percent of market value.  
  1.23     (b) Class 2b property is (1) real estate, rural in 
  1.24  character and used exclusively for growing trees for timber, 
  1.25  lumber, and wood and wood products; (2) real estate that is not 
  2.1   improved with a structure and is used exclusively for growing 
  2.2   trees for timber, lumber, and wood and wood products, if the 
  2.3   owner has participated or is participating in a cost-sharing 
  2.4   program for afforestation, reforestation, or timber stand 
  2.5   improvement on that particular property, administered or 
  2.6   coordinated by the commissioner of natural resources; (3) real 
  2.7   estate that is nonhomestead agricultural land; or (4) a landing 
  2.8   area or public access area of a privately owned public use 
  2.9   airport.  Class 2b property has a net class rate of 1.5 percent 
  2.10  of market value, and a gross class rate of 2.25 percent of 
  2.11  market value.  
  2.12     (c) Agricultural land as used in this section means 
  2.13  contiguous acreage of ten acres or more, primarily used during 
  2.14  the preceding year for agricultural purposes.  Agricultural use 
  2.15  may include pasture, timber, waste, unusable wild land, and land 
  2.16  included in state or federal farm or conservation programs.  
  2.17  "Agricultural purposes" as used in this section means the 
  2.18  raising or cultivation of agricultural products.  Land enrolled 
  2.19  in the Reinvest in Minnesota program under sections 103F.505 to 
  2.20  103F.531 or the federal Conservation Reserve Program as 
  2.21  contained in Public Law Number 99-198, and consisting of a 
  2.22  minimum of ten contiguous acres, shall be classified as 
  2.23  agricultural.  Agricultural classification for property shall be 
  2.24  determined with respect to the use of the whole parcel, and not 
  2.25  based upon the market value of any residential structures on the 
  2.26  parcel or contiguous parcels under the same ownership. 
  2.27     (d) Real estate of less than ten acres used principally for 
  2.28  raising or cultivating agricultural products, shall be 
  2.29  considered as agricultural land, if it is not used primarily for 
  2.30  residential purposes.  
  2.31     (e) The term "agricultural products" as used in this 
  2.32  subdivision includes:  
  2.33     (1) livestock, dairy animals, dairy products, poultry and 
  2.34  poultry products, fur-bearing animals, horticultural and nursery 
  2.35  stock described in sections 18.44 to 18.61, fruit of all kinds, 
  2.36  vegetables, forage, grains, bees, and apiary products by the 
  3.1   owner; 
  3.2      (2) fish bred for sale and consumption if the fish breeding 
  3.3   occurs on land zoned for agricultural use; 
  3.4      (3) the commercial boarding of horses if the boarding is 
  3.5   done in conjunction with raising or cultivating agricultural 
  3.6   products as defined in clause (1); 
  3.7      (4) property which is owned and operated by nonprofit 
  3.8   organizations used for equestrian activities, excluding racing; 
  3.9   and 
  3.10     (5) game birds and waterfowl bred and raised for use on a 
  3.11  shooting preserve licensed under section 97A.115.  
  3.12     (f) If a parcel used for agricultural purposes is also used 
  3.13  for commercial or industrial purposes, including but not limited 
  3.14  to:  
  3.15     (1) wholesale and retail sales; 
  3.16     (2) processing of raw agricultural products or other goods; 
  3.17     (3) warehousing or storage of processed goods; and 
  3.18     (4) office facilities for the support of the activities 
  3.19  enumerated in clauses (1), (2), and (3), 
  3.20  the assessor shall classify the part of the parcel used for 
  3.21  agricultural purposes as class 1b, 2a, or 2b, whichever is 
  3.22  appropriate, and the remainder in the class appropriate to its 
  3.23  use.  The grading, sorting, and packaging of raw agricultural 
  3.24  products for first sale is considered an agricultural purpose.  
  3.25  A greenhouse or other building where horticultural or nursery 
  3.26  products are grown that is also used for the conduct of retail 
  3.27  sales must be classified as agricultural if it is primarily used 
  3.28  for the growing of horticultural or nursery products from seed, 
  3.29  cuttings, or roots and occasionally as a showroom for the retail 
  3.30  sale of those products.  Use of a greenhouse or building only 
  3.31  for the display of already grown horticultural or nursery 
  3.32  products does not qualify as an agricultural purpose.  
  3.33     The assessor shall determine and list separately on the 
  3.34  records the market value of the homestead dwelling and the one 
  3.35  acre of land on which that dwelling is located.  If any farm 
  3.36  buildings or structures are located on this homesteaded acre of 
  4.1   land, their market value shall not be included in this separate 
  4.2   determination.  
  4.3      (g) To qualify for classification under paragraph (b), 
  4.4   clause (4), a privately owned public use airport must be 
  4.5   licensed as a public airport under section 360.018.  For 
  4.6   purposes of paragraph (b), clause (4), "landing area" means that 
  4.7   part of a privately owned public use airport properly cleared, 
  4.8   regularly maintained, and made available to the public for use 
  4.9   by aircraft and includes runways, taxiways, aprons, and sites 
  4.10  upon which are situated landing or navigational aids.  A landing 
  4.11  area also includes land underlying both the primary surface and 
  4.12  the approach surfaces that comply with all of the following:  
  4.13     (i) the land is properly cleared and regularly maintained 
  4.14  for the primary purposes of the landing, taking off, and taxiing 
  4.15  of aircraft; but that portion of the land that contains 
  4.16  facilities for servicing, repair, or maintenance of aircraft is 
  4.17  not included as a landing area; 
  4.18     (ii) the land is part of the airport property; and 
  4.19     (iii) the land is not used for commercial or residential 
  4.20  purposes. 
  4.21  The land contained in a landing area under paragraph (b), clause 
  4.22  (4), must be described and certified by the commissioner of 
  4.23  transportation.  The certification is effective until it is 
  4.24  modified, or until the airport or landing area no longer meets 
  4.25  the requirements of paragraph (b), clause (4).  For purposes of 
  4.26  paragraph (b), clause (4), "public access area" means property 
  4.27  used as an aircraft parking ramp, apron, or storage hangar, or 
  4.28  an arrival and departure building in connection with the airport.
  4.29     (h) Class 2c property consists of any parcel, part of a 
  4.30  parcel, or contiguous parcels of unimproved real estate, not 
  4.31  including agricultural land, that meets the following 
  4.32  requirements:  (1) at least 200 contiguous feet of the 
  4.33  unimproved real estate borders or is adjacent to public waters 
  4.34  as defined in section 103G.005, subdivision 15, clauses (1) to 
  4.35  (5), and (7) to (9); (2) the unimproved real estate is located 
  4.36  within 400 feet from the ordinary high water elevation of the 
  5.1   public waters; and (3) the unimproved real estate has been in 
  5.2   possession of the owner, or the owner's spouse, parent, or 
  5.3   sibling, or combination thereof, for a period of at least seven 
  5.4   years prior to classification under this paragraph. 
  5.5      Class 2c property has a class rate of .5 percent of market 
  5.6   value. 
  5.7      Sec. 2.  [EFFECTIVE DATE.] 
  5.8      Section 1 is effective for taxes levied in 1998, payable in 
  5.9   1999, and thereafter.