HF 2603

2nd Engrossment - 89th Legislature (2015 - 2016) Posted on 04/01/2016 10:16am

A bill for an act
relating to natural resources; requiring notice, public hearing, and response to
questions and comments before purchasing real property with public money;
proposing coding for new law in Minnesota Statutes, chapters 94; 103B.

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

Section 1.

new text begin [94.167] NOTICE, HEARING BEFORE PURCHASING LAND.
new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin This section applies when the commissioner of
natural resources intends to purchase real property in fee using public money and is in
addition to any other requirement in law governing the acquisition of real property by the
commissioner. The requirements of this section must be met before the commissioner
enters into a purchase agreement or other contract to purchase the property. Nothing in
this section authorizes the commissioner to disclose data that is not public pursuant to
chapter 13 or other law.
new text end

new text begin Subd. 2. new text end

new text begin Notice. new text end

new text begin The commissioner must provide public notice that the
commissioner intends to purchase the property. The notice must be made at least 30 days,
but not more than 60 days, before the hearing required in subdivision 3. The notice must
be published in a newspaper of general circulation in the area, the State Register, and on
the department's Web site. In addition, the commissioner must mail notice to any person
who has requested notice of land acquisition by the commissioner, the governing bodies
of the towns, home rule charter and statutory cities, and county in which the property to
be purchased is located, and all owners and residents of real property adjacent to the
property the commissioner intends to purchase.
new text end

new text begin Subd. 3. new text end

new text begin Public hearing. new text end

new text begin The commissioner must hold a public hearing at a
convenient location in the county in which the property to be purchased is located or, if
none is available, in an adjacent county. Any interested person must be allowed reasonable
time to present relevant testimony or ask questions at the public hearing. The person
conducting the hearing may respond to questions or defer response until the commissioner
provides the written responses required in this subdivision. The proceedings of the hearing
must be recorded and available to the public for review on the department's Web site. The
commissioner must accept written comments and questions from the time the notice under
subdivision 2 is given until ten days after the public hearing. Within 30 days after the
public hearing, the commissioner must provide written responses to the comments made
and questions raised at the public hearing or those submitted in writing.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2016, and applies to the
purchase of real property with an appropriation enacted on or after that date.
new text end

Sec. 2.

new text begin [103B.105] NOTICE, HEARING BEFORE PURCHASING LAND.
new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin This section applies when the Board of Water and Soil
Resources intends to purchase real property in fee using public money and is in addition
to any other requirement in law governing the acquisition of real property by the board.
This section does not apply to the acquisition of easements. The requirements of this
section must be met before the board enters into a purchase agreement or other contract to
purchase the property. Nothing in this section authorizes the board to disclose data that is
not public pursuant to chapter 13 or other law.
new text end

new text begin Subd. 2. new text end

new text begin Notice. new text end

new text begin The board must provide public notice that the board intends to
purchase the property. The notice must be made at least 30 days, but not more than 60
days, before the hearing required in subdivision 3. The notice must be published in a
newspaper of general circulation in the area, the State Register, and on the board's Web
site. In addition, the board must mail notice to any person who has requested notice of
land acquisition by the board, the governing bodies of the towns, home rule charter and
statutory cities, and county in which the property to be purchased is located, and all owners
and residents of real property adjacent to the property the board intends to purchase.
new text end

new text begin Subd. 3. new text end

new text begin Public hearing. new text end

new text begin The board must hold a public hearing at a convenient
location in the county in which the property to be purchased is located or, if none is
available, in an adjacent county. Any interested person must be allowed reasonable time to
present relevant testimony or ask questions at the public hearing. The person conducting
the hearing may respond to questions or defer response until the board provides the
written responses required in this subdivision. The proceedings of the hearing must be
recorded and available to the public for review on the board's Web site. The board must
accept written comments and questions from the time the notice under subdivision 2 is
given until ten days after the public hearing. Within 30 days after the public hearing, the
board must provide written responses to the comments made and questions raised at the
public hearing or those submitted in writing.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2016, and applies to the
purchase of real property with an appropriation enacted on or after that date.
new text end