1st Unofficial Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to transportation; modifying provisions 1.3 relating to aeronautics; making clarifying changes; 1.4 amending Minnesota Statutes 2004, sections 360.305, 1.5 subdivision 4; 360.55, subdivisions 2, 3, 4, 4a; 1.6 360.58; 360.59, subdivisions 2, 5, 7, 8; 360.63, 1.7 subdivision 2; 360.67, subdivision 4; 394.22, 1.8 subdivision 12; 394.361, subdivisions 1, 3; 462.352, 1.9 subdivision 10; 462.355, subdivision 4; 462.359, 1.10 subdivisions 1, 3; repealing Minnesota Statutes 2004, 1.11 section 360.59, subdivisions 4, 9. 1.12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.13 Section 1. Minnesota Statutes 2004, section 360.305, 1.14 subdivision 4, is amended to read: 1.15 Subd. 4. [COSTS ALLOCATED; LOCAL CONTRIBUTION; HANGAR 1.16 CONSTRUCTION ACCOUNT.] (a) Except as otherwise provided in this 1.17 subdivision, the commissioner of transportation shall require as 1.18 a condition of assistance by the state that the political 1.19 subdivision, municipality, or public corporation make a 1.20 substantial contribution to the cost of the construction, 1.21 improvement, maintenance, or operation of the airport, in 1.22 connection with which the assistance of the state is sought. 1.23 These costs are referred to as project costs. 1.24 (b) For any airport, whether key, intermediate, or landing 1.25 strip, where only state and local funds are to be used, the 1.26 contribution shall be not less than one-fifth of the sum of: 1.27 (1) the project costs; 1.28 (2) acquisition costs of the land and clear zones, which 2.1 are referred to as acquisition costs. 2.2 (c) For any airport where federal, state, and local funds 2.3 are to be used, the contribution shall not be less than five 2.4 percent of the sum of the project costs and acquisition costs. 2.5 (d) The commissioner may pay the total cost of radio and 2.6 navigational aids. 2.7 (e) Notwithstanding paragraph (b) or (c), the commissioner 2.8 may pay all of the project costs of a new landing strip, but not 2.9 an intermediate airport or key airport, or may pay an amount 2.10 equal to the federal funds granted and used for a new landing 2.11 strip plus all of the remaining project costs; but the total 2.12 amount paid by the commissioner for the project costs of a new 2.13 landing strip, unless specifically authorized by an act 2.14 appropriating funds for the new landing strip, shall not exceed 2.15 $200,000. 2.16 (f) Notwithstanding paragraph (b) or (c), the commissioner 2.17 may pay all the project costs for research and development 2.18 projects, including, but not limited to noise abatement; 2.19 provided that in no event shall the sums expended under this 2.20 paragraph exceed five percent of the amount appropriated for 2.21 construction grants. 2.22 (g) To receive aid under this section for project costs or 2.23 for acquisition costs, the municipality must enter into an 2.24 agreement with the commissioner giving assurance that the 2.25 airport will be operated and maintained in a safe, serviceable 2.26 manner for aeronautical purposes only for the use and benefit of 2.27 the public: 2.28 (1) for 20 years after the date that any state funds for 2.29 project costs are received by the municipality; and 2.30 (2) for 99 years after the date that any state funds for 2.31 acquisition costs are received by the municipality. If any land 2.32 acquired with state funds ceases to be used for aviation 2.33 purposes, the municipality shall repay the state airports fund 2.34 the same percentage of the appraised value of the property as 2.35 that percentage of the costs of acquisition and participation 2.36 provided by the state to acquire the land. 3.1 The agreement may contain other conditions as the commissioner 3.2 deems reasonable. 3.3 (h) The commissioner shall establish a hangar construction 3.4 revolving account, which shall be used for the purpose of 3.5 financing the construction of hangar buildings to be constructed 3.6 by municipalities owning airports. All municipalities owning 3.7 airports are authorized to enter into contracts for the 3.8 construction of hangars, and contracts with the commissioner for 3.9 the financing of hangar construction for an amount and period of 3.10 time as may be determined by the commissioner and municipality. 3.11 All receipts from the financing contracts shall be deposited in 3.12 the hangar construction revolving account and are reappropriated 3.13 for the purpose of financing construction of hangar buildings. 3.14 The commissioner may pay from the hangar construction revolving 3.15 account 80 percent of the cost of financing construction of 3.16 hangar buildings. For purposes of thisclauseparagraph, the 3.17 construction of hangars shall include their design. The 3.18 commissioner shall transfer up to $4,400,000 from the state 3.19 airports fund to the hangar construction revolving account. 3.20 (i) The commissioner may pay a portion of the purchase 3.21 price of any airport maintenance and safety equipment and of the 3.22 actual airport snow removal costs incurred by any municipality. 3.23 The portion to be paid by the state shall not exceed two-thirds 3.24 of the cost of the purchase price or snow removal. To receive 3.25 aid a municipality must enter into an agreement of the type 3.26 referred to in paragraph (g). 3.27 (j) This subdivisionshall applyapplies only to project 3.28 costs or acquisition costs of municipally owned airportswhich3.29areincurred after June 1, 1971. 3.30 Sec. 2. Minnesota Statutes 2004, section 360.55, 3.31 subdivision 2, is amended to read: 3.32 Subd. 2. [TRANSACTING OFFICIAL BUSINESS.] Aircraft owned 3.33 and used solely in the transaction of official business by 3.34 representatives of foreign powers, by the federal government, or 3.35 by the state or any municipality thereofshall beare exempt 3.36 from the provisions of sections 360.54 to 360.67 requiring the 4.1 payment of a tax, but all such aircraft, except those owned by 4.2 representatives of foreign powers or by the federal government, 4.3shallmust be registered as required by sections 360.54 to 4.4 360.67and shall display tax-exempt number plates, labels, or4.5stamps furnished by the commissioner at cost. The exemption 4.6 herein providedshalldoes not apply to any aircraft except 4.7 those owned by representatives of foreign powers or by the 4.8 federal government and exceptsuchthose aircraft as may be used 4.9 in general police work, unless the name of the state department 4.10 or the municipality owningsuchthe aircraftshall beis plainly 4.11 printed on both sides thereof in letters of a size and character 4.12 to be prescribed by the commissioner. 4.13 Sec. 3. Minnesota Statutes 2004, section 360.55, 4.14 subdivision 3, is amended to read: 4.15 Subd. 3. [CIVIL AIR PATROL.] Any aircraft owned and used 4.16 solely in the transaction of official business by any unit of 4.17 the civil air patrol created by Public Law 476, 79th Congress, 4.18 Public Law 557, 80th Congress, or acts amendatory thereto, 4.19 whether or not the title tosuchthe aircraft is retained by the 4.20 federal government or vested in such unit unconditionally,shall4.21beis exempt from the provisions of sections 360.54 to 360.57 4.22 requiring the payment of tax, but all such aircraftshallmust 4.23 be registered as required by sections 360.54 to 360.57and shall4.24display tax-exempt number plates, labels or stamps furnished by4.25the commissioner at cost. 4.26 Sec. 4. Minnesota Statutes 2004, section 360.55, 4.27 subdivision 4, is amended to read: 4.28 Subd. 4. [COLLECTOR'S AIRCRAFT; SPECIAL PLATES.] (a) For 4.29 purposes of this subdivision: 4.30 (1) "antique aircraft" means an aircraft constructed by the 4.31 original manufacturer, or its licensee, on or before December 4.32 31, 1945, with the exception of certain pre-World War II 4.33 aircraft models that had only a small post-war production, such 4.34 as Beechcraft Staggerwing, Fairchild 24, and Monocoupe; and 4.35 (2) "classic aircraft" means an aircraft constructed by the 4.36 original manufacturer, or its licensee, on or after January 1, 5.1 1946, and has a first year of life that precedes the date of 5.2 registration by at least 50 years. 5.3 (b) If an antique or classic aircraft is owned and operated 5.4 solely as a collector's item, its owner may list it for taxation 5.5 and registration as follows: A sworn affidavitshallmust be 5.6 executed stating (1) the name and address of the owner, (2) the 5.7 name and address of the person from whom purchased, (3) the 5.8 aircraft's makeof the aircraft, yearand, model numberof the5.9aircraft,thefederal aircraft registration number,theand 5.10 manufacturer's identification number, and (4) that the aircraft 5.11 is owned and operated solely as a collector's item and not for 5.12 general transportation or commercial operations purposes. The 5.13 affidavitshallmust be filed with the commissioner along with a 5.14 fee of $25. 5.15 (c) Upon satisfaction that the affidavit is true and 5.16 correct, the commissioner shall issue to the applicantspecial5.17number plates, decalcomania labels, or stamps bearing the5.18inscription "Classic" or "Antique," "Minnesota" and the5.19registration number but no datea registration certificate. The 5.20special number plates, decalcomania labels, or stamps5.21areregistration certificate is valid without renewal as long as 5.22 the owner operates the aircraft solely as a collector's item. 5.23 (d) Should an antique or classic aircraft be operated other 5.24 than as a collector's item, thespecial number plates,5.25decalcomania labels, or stamps shall beregistration certificate 5.26 becomes voidand removed,and the owner shall list the aircraft 5.27 for taxation and registration in accordance with the other 5.28 provisions of sections 360.511 to 360.67. 5.29 (e) Upon the sale of an antique or classic aircraft, the 5.30 new owner must list the aircraft for taxation and registration 5.31 in accordance withthe provisions ofthis subdivision, including 5.32 the paymentof a $25 fee to obtain new special plates or payment5.33 of a $5 fee toretain andtransfer theexisting special plates5.34 registration to thename of thenew owner, or the other 5.35 provisions of sections 360.511 to 360.67, whichever is 5.36 applicable. 6.1 (f) In the event ofdefacement,loss,or destruction of the 6.2special number plates, decalcomania labels, or6.3stampsregistration certificate, and upon receiving and filing a 6.4 sworn affidavit of the aircraft owner setting forth the 6.5 circumstances, together withany defaced plates, labels, or6.6stamps anda fee of $5, the commissioner shall issue a 6.7 replacementplates, labels, or stampscertificate.The6.8commissioner shall note on the records the issue of replacement6.9number and shall proceed to cancel the original plates, labels,6.10or stamps.6.11 Sec. 5. Minnesota Statutes 2004, section 360.55, 6.12 subdivision 4a, is amended to read: 6.13 Subd. 4a. [RECREATIONAL AIRCRAFT; CLASSIC LICENSE.] (a) An 6.14 aircraft that has a base price for tax purposes under section 6.15 360.531 of $10,000 or less, and that is owned and operated 6.16 solely for recreational purposes, may be listed for taxation and 6.17 registration by executing a sworn affidavit stating (1) the name 6.18 and address of the owner, (2) the name and address of the person 6.19 from whom purchased, (3) the aircraft's make, year, model 6.20 number, federal aircraft registration number, and manufacturer's 6.21 identification number, and (4) that the aircraft is owned and 6.22 operated solely as a recreational aircraft and not for 6.23 commercial operational purposes. The affidavit must be filed 6.24 with the commissioner along with an annual $25 fee. 6.25 (b) On being satisfied that the affidavit is true and 6.26 correct, the commissioner shall issue to the applicant adecal6.27 registration certificate. 6.28 (c) Should the aircraft be operated other than as a 6.29 recreational aircraft, the owner shall list the aircraft for 6.30 taxation and registration and pay the appropriate registration 6.31 fee under sections 360.511 to 360.67. 6.32 (d) If the aircraft is sold, the new owner shall list the 6.33 aircraft for taxation and registration under this subdivision, 6.34 including the payment of the annual $25 fee, or under sections 6.35 360.511 to 360.67, whichever is applicable. 6.36 Sec. 6. Minnesota Statutes 2004, section 360.58, is 7.1 amended to read: 7.2 360.58 [OPERATION WITHOUT REGISTRATION OR PAYMENT.] 7.3No aircraftExcept as exempted by sections 360.54 and 7.4 360.55, a person shall not use orbe operatedoperate an 7.5 aircraft in the air space over this state or upon any of the 7.6 airportsthereof in the tax period of January 1, 1966, to and7.7including June 30, 1967, or in any fiscal year thereafterof 7.8 this state untilit shall havethe aircraft has been registered 7.9 as required in sections 360.54 to 360.67 and the aircraft tax 7.10 and fees herein providedshallhave been paidand the number7.11plates, labels, or stamps issued therefor shall be duly7.12displayed on such aircraft. A purchaser of a new aircraft may7.13operate the aircraft without such plates, labels, or stamps upon7.14securing from the commissioner, or any person designated by the7.15commissioner for that purpose, a permit to operate such aircraft7.16pending the issuance of plates, such permit shall be valid for7.17not more than 15 days. 7.18 Sec. 7. Minnesota Statutes 2004, section 360.59, 7.19 subdivision 2, is amended to read: 7.20 Subd. 2. [AGENT OR LIENOR MAY LIST.] Any act required 7.21 herein of an owner may be performed in the owner's behalf by a 7.22 duly authorized agent. Any person having a lien upon, or claim 7.23 to, any aircraft may pay any tax due thereon to prevent the 7.24 penalty for delayed registration from accruing, but the 7.25 registration certificateand number platesshall not be issued 7.26 until legal ownership is definitely determined. 7.27 Sec. 8. Minnesota Statutes 2004, section 360.59, 7.28 subdivision 5, is amended to read: 7.29 Subd. 5. [COMMISSIONER TO APPROVE.] The commissioner shall 7.30 approve applicationsand issue number platesfor any aircraft. 7.31 When an applicant is listing the same aircraft for taxation and 7.32 registration for the second and succeeding time the registration 7.33 certificate issued for the prior year need not be delivered to 7.34 the commissioner; but in case of a transfer or sale the 7.35 registration certificate therefor issued or proof of loss 7.36 thereof by sworn statement shall be delivered to the 8.1 commissioner. The commissioner shall be satisfied from the 8.2 records that all taxes and fees due hereunder shall have been 8.3 paid, and endorsements upon said certificate or sworn proof of 8.4 loss in writing signed by the seller and purchaser, shall 8.5 furnish proof that the applicant for registration is paying or 8.6 receiving credit for the tax upon the aircraft of which the 8.7 applicant is the rightful possessor. 8.8 Sec. 9. Minnesota Statutes 2004, section 360.59, 8.9 subdivision 7, is amended to read: 8.10 Subd. 7. [TRANSFER OF OWNERSHIP.] Upon the transfer of 8.11 ownership,; the destruction, theft, or dismantlingas such,; 8.12 or the permanent removal by the ownerthereoffrom this state, 8.13 of any aircraft registered in accordance withthe provisions of8.14 sections 360.511 to 360.67, the right of the owner ofsuchthe 8.15 aircraft to use the registration certificateand number plates8.16 assignedsuchthe aircraftshall expire, and such certificate8.17and any existing plates shall be, by suchexpires. The 8.18 owner,shall forthwithreturnedreturn the certificate with 8.19 transportation prepaid to the commissioner with a signed notice 8.20 of the date and manner of termination of ownership, giving the 8.21 name and post office address, with street and number,if in a 8.22 city, of the person to whom transferred; provided, however, that8.23whenever the ownership of an aircraft shall be transferred to8.24another who shall forthwith register the same in that person's8.25name, the commissioner may permit the manual delivery of such8.26plates to the new owner of such aircraft. On becoming the owner 8.27 by gift, trade, or purchase of any aircraft for which a 8.28 registration certificate has beentheretoforeissued underthe8.29provisions ofsections 360.511 to 360.67, a person, including a 8.30 dealer or manufacturer, shall, within seven days after acquiring 8.31 ownership, join with the registered owner in transmitting with 8.32 an application thesaidregistration certificate with the 8.33 assignment and notice of sale duly executed upon the reverse 8.34 sidethereof, or in case of loss ofsuchthe certificate, with 8.35 such proof of loss by sworn statements in writing as shall be 8.36 satisfactory to the commissioner. Upon the transfer of any 9.1 aircraft by a manufacturer or dealer, for use within the state, 9.2 whether by sale, lease, or otherwise,suchthe manufacturer or 9.3 dealer shall, within seven days aftersuchthe transfer, 9.4 transmit the transferee's application for registrationthereof9.5and such. The manufacturer or dealer shall each month file with 9.6 the commissioner a notice or report containing the date of 9.7suchthe transfer, a description ofsuchthe aircraft, and the 9.8 name, street and number of residence,if in a city, and post 9.9 office address of the transferee. 9.10 Sec. 10. Minnesota Statutes 2004, section 360.59, 9.11 subdivision 8, is amended to read: 9.12 Subd. 8. [AMENDMENT, SUSPENSION, MODIFICATION, 9.13 REVOCATION.] All registrationsand issue of number plates shall9.14beare subject to amendment, suspension, modification, or 9.15 revocation by the commissioner summarily for any violation of or 9.16 neglect to comply withthe provisions ofsections 360.511 to 9.17 360.67. In any case where the proper registration of an 9.18 aircraft is dependent upon procuring information entailing such 9.19 delay as to unreasonably deprive the owner of the use of the 9.20 aircraft, the commissioner may issue a tax receiptand plates9.21 conditionally. In any case when revoking a registration for 9.22 cause, the commissionershall havehas the authority to demand 9.23 the return of thenumber plates andregistration certificate 9.24and, if necessary, to seize the number plates issued for such9.25registration. 9.26 Sec. 11. Minnesota Statutes 2004, section 360.63, 9.27 subdivision 2, is amended to read: 9.28 Subd. 2. [DEALERS' PLATESAIRCRAFT DEMONSTRATION.]Any9.29licensed aircraft dealer may apply to the commissioner for one9.30or more aircraft dealers' plates. A charge of $15 shall be made9.31for each such plate.Any aircraft owned bysaidan aircraft 9.32 dealer, licensed under this section, may be used for the purpose 9.33 of demonstration or for any purpose incident to the usual 9.34 conduct and operation of business as an aircraft dealer; 9.35provided aircraft dealers' plates are conspicuously attached to9.36the aircraft when so used, andprovidedsaidthe aircraft has 10.1 been first listed with the commissioner on an aircraft 10.2 withholding form provided by the commissioner. 10.3 Sec. 12. Minnesota Statutes 2004, section 360.67, 10.4 subdivision 4, is amended to read: 10.5 Subd. 4. [FRAUD.] Any person who:10.6(1) uses any number plates, label, or stamp or registration10.7certificate upon or in connection with any aircraft except the10.8one for which the same were duly issued, or upon any such10.9aircraft after the certificate, plates, label, or stamp or the10.10right to use the same have expired, or retains in possession or10.11fails to surrender as provided in sections 360.511 to 360.67 any10.12such number plates, label, stamp, or registration certificate;10.13(2) displays, or causes to be displayed, or has in10.14possession any canceled, revoked, suspended, or fraudulently10.15obtained or stolen registration plates, label, or stamp;10.16(3) lends the person's registration plates, label, or stamp10.17to any person or knowingly permits the use thereof by another;10.18(4) displays or represents as the person's own any10.19registration plates, label, or stamp not issued to the person;10.20provided, this shall not apply to any legal change of ownership10.21of the aircraft to which the plates, label, or stamp are10.22attached;10.23(5)uses a false or fictitious name or address or 10.24 description of the aircraft, engine number, or frame number in 10.25 any application for registration of an aircraft or knowingly 10.26 makes a false statement or knowingly conceals a material fact or 10.27 otherwise commits a fraud in any such application; or10.28(6) defaces or alters any registration certificate or10.29number plates or retains the same in possession after the same10.30have been defaced or altered,10.31shall beis guilty of a misdemeanor. 10.32 Sec. 13. Minnesota Statutes 2004, section 394.22, 10.33 subdivision 12, is amended to read: 10.34 Subd. 12. [OFFICIAL MAP.] "Official map" means a map 10.35 adopted in accordance with section 394.361, which may show 10.36 existing county roads and county state-aid highways, proposed 11.1 future county roads and highways, the area needed for widening 11.2 existing county roads and highways, and existing and future 11.3 state trunk highway rights-of-way. An official map may also 11.4 show the location of existing public land and facilities and 11.5 other land needed for future public purposes, including public 11.6 facilities such as parks, playgrounds, schools, and other public 11.7 buildings, civic centers, airports, and travel service 11.8 facilities. When requested in accordance with section 394.32, 11.9 subdivision 3, an official map may include existing and planned 11.10 public land uses within incorporated areas. 11.11 Sec. 14. Minnesota Statutes 2004, section 394.361, 11.12 subdivision 1, is amended to read: 11.13 Subdivision 1. [FUTURE PUBLIC USES.] Land that is needed 11.14 for future street and highway purposes, or for aviation 11.15 purposes, and as sites for other necessary public facilities and 11.16 services is frequently diverted to nonpublic useswhichthat 11.17 could have been located on other lands without hardship or 11.18 inconvenience to the owners. When this happens, public uses of 11.19 land may be denied or may be obtained later only at prohibitive 11.20 cost or at the expense of dislocating the owners and occupants 11.21 of the land. Identification on official maps of land needed for 11.22 future public uses permits both the public and private property 11.23 owners to adjust their building plans equitably and conveniently 11.24 before investments are madewhichthat will makesuch11.25 adjustments difficult to accomplish. 11.26 Sec. 15. Minnesota Statutes 2004, section 394.361, 11.27 subdivision 3, is amended to read: 11.28 Subd. 3. [EFFECT.] After an official map has been adopted 11.29 and filed, the issuance of land use or zoning permits or 11.30 approvals by the countyshall beis subject to the provisions of 11.31 this section. Whenever any street or highway is widened or 11.32 improved or any new street is opened, or interests in lands for 11.33 other public purposes, including aviation purposes, are acquired 11.34 by the county, it is not required in such proceedings to pay for 11.35 any building or structure placed without a permit or approval or 11.36 in violation of conditions of a permit or approval within the 12.1 limits of the mapped street or highway or outside of any 12.2 building line that may have been established upon the existing 12.3 street or within any area thus identified for public purposes, 12.4 including aviation purposes. The adoption of official maps does 12.5 not give the county any right, title, or interest in areas 12.6 identified for public purposes thereon, but the adoption of a 12.7 map does authorize the county to acquiresuchthese interests 12.8 without paying compensation for buildings or structures erected 12.9 insuchthose areas without a permit or approval or in violation 12.10 of the conditions of a permit or approval.The provisions of12.11 This subdivisionshalldoes not apply to buildings or structures 12.12 in existence prior to the filing of the official map. 12.13 Sec. 16. Minnesota Statutes 2004, section 462.352, 12.14 subdivision 10, is amended to read: 12.15 Subd. 10. [OFFICIAL MAP.] "Official map" means a map 12.16 adopted in accordance with section 462.359, which may show 12.17 existing and proposed future streets, roads,andhighways, and 12.18 airports of the municipality and county, the area needed for 12.19 widening of existing streets, roads, and highways of the 12.20 municipality and county, and existing and future county state 12.21 aid highways and state trunk highway rights-of-way. An official 12.22 map may also show the location of existing and future public 12.23 land and facilities within the municipality. In counties in the 12.24 metropolitan area as defined in section 473.121, official maps 12.25 may for a period of up to five years designate the boundaries of 12.26 areas reserved for purposes of soil conservation, water supply 12.27 conservation, flood control, and surface water drainage and 12.28 removal, including appropriate regulations protectingsuchthose 12.29 areas against encroachment by buildings,or other physical 12.30 structures or facilities. 12.31 Sec. 17. Minnesota Statutes 2004, section 462.355, 12.32 subdivision 4, is amended to read: 12.33 Subd. 4. [INTERIM ORDINANCE.] If a municipality is 12.34 conducting studies or has authorized a study to be conducted or 12.35 has held or has scheduled a hearing for the purpose of 12.36 considering adoption or amendment of a comprehensive plan or 13.1 official controls as defined in section 462.352, subdivision 15, 13.2 or if new territory for which plans or controls have not been 13.3 adopted is annexed to a municipality, the governing body of the 13.4 municipality may adopt an interim ordinance applicable to all or 13.5 part of its jurisdiction for the purpose of protecting the 13.6 planning process and the health, safety and welfare of its 13.7 citizens. The interim ordinance may regulate, restrict, or 13.8 prohibit any use, development, or subdivision within the 13.9 jurisdiction or a portion thereof for a period not to exceed one 13.10 year from the date it is effective. The period of an interim 13.11 ordinance applicable to an area that is affected by a city's 13.12 master plan for a municipal airport may be extended for such 13.13 additional periods as the municipality may deem appropriate, not 13.14 exceeding a total additional period of 18 monthsin the case13.15where the Minnesota Department of Transportation has requested a13.16city to review its master plan for a municipal airport prior to13.17August 1, 2004. In all other cases, no interim ordinance may 13.18 halt, delay, or impede a subdivisionwhichthat has been given 13.19 preliminary approval, nor may any interim ordinance extend the 13.20 time deadline for agency action set forth in section 15.99 with 13.21 respect to any application filed prior to the effective date of 13.22 the interim ordinance. The governing body of the municipality 13.23 may extend the interim ordinance after a public hearing and 13.24 written findings have been adopted based upon one or more of the 13.25 conditions in clause (1), (2), or (3). The public hearing must 13.26 be held at least 15 days but not more than 30 days before the 13.27 expiration of the interim ordinance, and notice of the hearing 13.28 must be published at least ten days before the hearing. The 13.29 interim ordinance may be extended for the following conditions 13.30 and durations, but, except as provided in clause (3), an interim 13.31 ordinance may not be extended more than an additional 18 months: 13.32 (1) up to an additional 120 days following the receipt of 13.33 the final approval or review by a federal, state, or 13.34 metropolitan agency when the approval is required by law and the 13.35 review or approval has not been completed and received by the 13.36 municipality at least 30 days before the expiration of the 14.1 interim ordinance; 14.2 (2) up to an additional 120 days following the completion 14.3 of any other process required by a state statute, federal law, 14.4 or court order, when the process is not completed at least 30 14.5 days before the expiration of the interim ordinance; or 14.6 (3) up to an additional one year if the municipality has 14.7 not adopted a comprehensive plan under this section at the time 14.8 the interim ordinance is enacted. 14.9 Sec. 18. Minnesota Statutes 2004, section 462.359, 14.10 subdivision 1, is amended to read: 14.11 Subdivision 1. [STATEMENT OF PURPOSE.] Land that is needed 14.12 for future street purposes or for aviation purposes and as sites 14.13 for other necessary public facilities and services is frequently 14.14 diverted to nonpublic useswhichthat could have been located on 14.15 other lands without hardship or inconvenience to the owners. 14.16 When this happens, public uses of land may be denied or may be 14.17 obtained later only at prohibitive cost or at the expense of 14.18 dislocating the owners and occupants of the land. 14.19 Identification on an official map of land needed for future 14.20 public uses permits both the public and private property owners 14.21 to adjust their building plans equitably and conveniently before 14.22 investments are madewhichthat will makesuchadjustments 14.23 difficult to accomplish. 14.24 Sec. 19. Minnesota Statutes 2004, section 462.359, 14.25 subdivision 3, is amended to read: 14.26 Subd. 3. [EFFECT.] After an official map has been adopted 14.27 and filed, the issuance of building permits by the municipality 14.28shall beis subject tothe provisions ofthis section. Whenever 14.29 any street or highway is widened or improved or any new street 14.30 is opened, or interests in lands for other public purposes, 14.31 including aviation purposes, are acquired by the municipality, 14.32 it is not required in such proceedings to pay for any building 14.33 or structure placed without a permit or in violation of 14.34 conditions of a permit within the limits of the mapped street or 14.35 outside of any building line that may have been established upon 14.36 the existing street or within any area thus identified for 15.1 public purposes. The adoption of an official map does not give 15.2 the municipality any right, title, or interest in areas 15.3 identified for public purposes thereon, but the adoption of the 15.4 map does authorize the municipality to acquiresuchinterests 15.5 without paying compensation for buildings or structures erected 15.6 insuchthose areas without a permit or in violation of the 15.7 conditions of a permit. 15.8 Sec. 20. [PARKING LOT LEASE.] 15.9 Notwithstanding any law to the contrary, the commissioner 15.10 of administration shall negotiate a lease with a prospective 15.11 tenant regarding the use for fair market value of the parking 15.12 lot of the state-owned building at 222 East Plato Boulevard in 15.13 the city of St. Paul. Money received by reason of the lease 15.14 must be deposited in the state airports fund. 15.15[EFFECTIVE DATE.] This section is effective the day 15.16 following final enactment. 15.17 Sec. 21. [REPEALER.] 15.18 Minnesota Statutes 2004, section 360.59, subdivisions 4 and 15.19 9, are repealed.