Minnesota Legislature
HF 1944
1st Engrossment - 89th Legislature (2015 - 2016) Posted on 03/27/2015 10:20am
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A bill for an act
relating to agriculture; modifying provisions for allowed commercial and
industrial operations on agricultural preserves; providing for early termination of
an agricultural preserve under certain conditions; amending Minnesota Statutes
2014, sections 40A.18, subdivision 2; 473H.09; 473H.17, subdivision 1a.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2014, section 40A.18, subdivision 2, is amended to read:
Subd. 2.
Allowed commercial and industrial operations.
Commercial and
industrial operations are not allowed on land within an agricultural preserve except:
(1) small on-farm commercial or industrial operations normally associated with and
important to farming in the agricultural preserve area;
(2) storage use of existing farm buildings that does not disrupt the integrity of the
agricultural preserve; deleted text begin and
deleted text end
(3) small commercial use of existing farm buildings for trades not disruptive to the
integrity of the agricultural preserve such as a carpentry shop, small scale mechanics shop,
and similar activities that a farm operator might conductdeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(4) wireless communication installments and related equipment and structure
capable of providing technology potentially beneficial to farming activities.
new text end
"Existing" in clauses (2) and (3) means existing on August 1, 1989.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following enactment.
new text end
Sec. 2.
Minnesota Statutes 2014, section 473H.09, is amended to read:
473H.09 EARLY TERMINATION.
new text begin Subdivision 1. new text end
new text begin Public emergency. new text end
Termination of an agricultural preserve earlier
than a date derived through application of section 473H.08 may be permitted deleted text begin onlydeleted text end in the
event of a public emergency upon petition from the owner or authority to the governor.
The determination of a public emergency shall be by the governor through executive order
pursuant to sections 4.035 and 12.01 to 12.46. The executive order shall identify the
preserve, the reasons requiring the action and the date of termination.
new text begin Subd. 2. new text end
new text begin Death of owner. new text end
new text begin
(a) Within 180 days of the death of an owner, an owner's
spouse, or other qualifying person, the surviving owner may elect to terminate the
agricultural preserve and the covenant allowing the land to be enrolled as an agricultural
preserve by notifying the authority on a form provided by the commissioner of agriculture.
Termination of a covenant under this subdivision must be executed and acknowledged in
the manner required by law to execute and acknowledge a deed.
new text end
new text begin
(b) For purposes of this subdivision, the following definitions apply:
new text end
new text begin
(1) "qualifying person" includes a partner, shareholder, trustee for a trust that the
decedent was the settlor or a beneficiary of, or member of an entity permitted to own
agricultural land and engage in farming under section 500.24 that owned the agricultural
preserve; and
new text end
new text begin
(2) "surviving owner" includes the executor of the estate of the decedent, trustee for a
trust that the decedent was the settlor or a beneficiary of, or an entity permitted to own farm
land under section 500.24 of which the decedent was a partner, shareholder, or member.
new text end
new text begin
(c) When an agricultural preserve is terminated under this subdivision, the property
is subject to additional taxes in an amount equal to 50 percent of the taxes actually
levied against the property for the current taxes payable year. The additional taxes are
extended against the property on the tax list for taxes payable in the current year. The
additional taxes must be distributed among the jurisdictions levying taxes on the property
in proportion to the current year's taxes.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2015.
new text end
Sec. 3.
Minnesota Statutes 2014, section 473H.17, subdivision 1a, is amended to read:
Subd. 1a.
Allowed commercial and industrial operations.
(a) Commercial and
industrial operations are not allowed on land within an agricultural preserve except:
(1) small on-farm commercial or industrial operations normally associated with and
important to farming in the agricultural preserve area;
(2) storage use of existing farm buildings that does not disrupt the integrity of the
agricultural preserve; deleted text begin and
deleted text end
(3) small commercial use of existing farm buildings for trades not disruptive to the
integrity of the agricultural preserve such as a carpentry shop, small scale mechanics shop,
and similar activities that a farm operator might conductdeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(4) wireless communication installments and related equipment and structure
capable of providing technology potentially beneficial to farming activities.
new text end
(b) "Existing" in paragraph (a), clauses (2) and (3), means existing on August 1, 1987.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following enactment.
new text end