HF 2061

1st Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to conservation easements; authorizing local 
  1.3             bonding to acquire conservation easements; amending 
  1.4             Minnesota Statutes 1998, sections 373.40, subdivision 
  1.5             1; 375.18, subdivision 12; and 475.52, subdivisions 1, 
  1.6             3, and 4. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1998, section 373.40, 
  1.9   subdivision 1, is amended to read: 
  1.10     Subdivision 1.  [DEFINITIONS.] For purposes of this 
  1.11  section, the following terms have the meanings given. 
  1.12     (a) "Bonds" means an obligation as defined under section 
  1.13  475.51. 
  1.14     (b) "Capital improvement" means acquisition or betterment 
  1.15  of public lands, development rights in the form of conservation 
  1.16  easements under chapter 84C, buildings, or other improvements 
  1.17  within the county for the purpose of a county courthouse, 
  1.18  administrative building, health or social service facility, 
  1.19  correctional facility, jail, law enforcement center, hospital, 
  1.20  morgue, library, park, qualified indoor ice arena, and roads and 
  1.21  bridges.  An improvement must have an expected useful life of 
  1.22  five years or more to qualify. "Capital improvement" does not 
  1.23  include light rail transit or any activity related to it or a 
  1.24  recreation or sports facility building (such as, but not limited 
  1.25  to, a gymnasium, ice arena, racquet sports facility, swimming 
  1.26  pool, exercise room or health spa), unless the building is part 
  2.1   of an outdoor park facility and is incidental to the primary 
  2.2   purpose of outdoor recreation. 
  2.3      (c) "Commissioner" means the commissioner of trade and 
  2.4   economic development. 
  2.5      (d) "Metropolitan county" means a county located in the 
  2.6   seven-county metropolitan area as defined in section 473.121 or 
  2.7   a county with a population of 90,000 or more. 
  2.8      (e) "Population" means the population established by the 
  2.9   most recent of the following (determined as of the date the 
  2.10  resolution authorizing the bonds was adopted): 
  2.11     (1) the federal decennial census, 
  2.12     (2) a special census conducted under contract by the United 
  2.13  States Bureau of the Census, or 
  2.14     (3) a population estimate made either by the metropolitan 
  2.15  council or by the state demographer under section 4A.02. 
  2.16     (f) "Qualified indoor ice arena" means a facility that 
  2.17  meets the requirements of section 373.43. 
  2.18     (g) "Tax capacity" means total taxable market value, but 
  2.19  does not include captured market value. 
  2.20     Sec. 2.  Minnesota Statutes 1998, section 375.18, 
  2.21  subdivision 12, is amended to read: 
  2.22     Subd. 12.  [LAND FOR PUBLIC USE.] Each county board may 
  2.23  acquire by gift or purchase and improve land within the county, 
  2.24  for use as a park, site for a building, or other public purpose, 
  2.25  and, when required by the public interest, sell and convey it.  
  2.26  The land may be paid for out of moneys in the county treasury 
  2.27  not otherwise appropriated, or by issuing bonds of the 
  2.28  county.  The county board may acquire development rights in the 
  2.29  form of a conservation easement under chapter 84C.  The holder 
  2.30  of the conservation easement may be determined by a governmental 
  2.31  body. 
  2.32     Sec. 3.  Minnesota Statutes 1998, section 475.52, 
  2.33  subdivision 1, is amended to read: 
  2.34     Subdivision 1.  [STATUTORY CITIES.] Any statutory city may 
  2.35  issue bonds or other obligations for the acquisition or 
  2.36  betterment of public buildings, means of garbage disposal, 
  3.1   hospitals, nursing homes, homes for the aged, schools, 
  3.2   libraries, museums, art galleries, parks, playgrounds, stadia, 
  3.3   sewers, sewage disposal plants, subways, streets, sidewalks, 
  3.4   warning systems; for any utility or other public convenience 
  3.5   from which a revenue is or may be derived; for a permanent 
  3.6   improvement revolving fund; for changing, controlling or 
  3.7   bridging streams and other waterways; for the acquisition and 
  3.8   betterment of bridges and roads within two miles of the 
  3.9   corporate limits for the acquisition of development rights in 
  3.10  the form of conservation easements under chapter 84C; and for 
  3.11  acquisition of equipment for snow removal, street construction 
  3.12  and maintenance, or fire fighting.  Without limitation by the 
  3.13  foregoing the city may issue bonds to provide money for any 
  3.14  authorized corporate purpose except current expenses. 
  3.15     Sec. 4.  Minnesota Statutes 1998, section 475.52, 
  3.16  subdivision 3, is amended to read: 
  3.17     Subd. 3.  [COUNTIES.] Any county may issue bonds for the 
  3.18  acquisition or betterment of courthouses, county administrative 
  3.19  buildings, health or social service facilities, correctional 
  3.20  facilities, law enforcement centers, jails, morgues, libraries, 
  3.21  parks, and hospitals, for roads and bridges within the county or 
  3.22  bordering thereon and for road equipment and machinery and for 
  3.23  ambulances and related equipment for the acquisition of 
  3.24  development rights in the form of conservation easements under 
  3.25  chapter 84C, and for capital equipment for the administration 
  3.26  and conduct of elections providing the equipment is uniform 
  3.27  countywide, except that the power of counties to issue bonds in 
  3.28  connection with a library shall not exist in Hennepin county. 
  3.29     Sec. 5.  Minnesota Statutes 1998, section 475.52, 
  3.30  subdivision 4, is amended to read: 
  3.31     Subd. 4.  [TOWNS.] Any town may issue bonds for the 
  3.32  acquisition and betterment of town halls, town roads and 
  3.33  bridges, nursing homes and homes for the aged, and for 
  3.34  acquisition of equipment for snow removal, road construction or 
  3.35  maintenance, and fire fighting for the acquisition of 
  3.36  development rights in the form of conservation easements under 
  4.1   chapter 84C and for the acquisition and betterment of any 
  4.2   buildings to house and maintain town equipment.