SF 671

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to state and local government; requiring 
  1.3             certain state and local governmental units to give 
  1.4             public notice before transferring ownership or 
  1.5             changing the use of publicly owned undeveloped land; 
  1.6             proposing coding for new law in Minnesota Statutes, 
  1.7             chapter 465. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  [465.027] [PUBLIC NOTICE.] 
  1.10     Subdivision 1.  [APPLICATION.] This section applies to any 
  1.11  undeveloped parcel of land or land designated as open-space or 
  1.12  park land consisting of more than one acre, including any water 
  1.13  or wetlands, owned by the state or a local unit of government, 
  1.14  except state land administered by the commissioner of natural 
  1.15  resources. 
  1.16     Subd. 2.  [DEFINITIONS.] For purposes of this section: 
  1.17     (1) "change of use" of land means a development of the land 
  1.18  in any manner by its owner or, with the owner's permission, by 
  1.19  another public or private person or entity; 
  1.20     (2) "legally binding agreement" means a contract, 
  1.21  agreement, lease, permit, zoning change, or management plan 
  1.22  related to a transfer of ownership or change of use of land 
  1.23  covered by this section; 
  1.24     (3) "local unit of government" means a metropolitan agency, 
  1.25  county, home rule charter or statutory city, school district, 
  1.26  town, or other local public entity authorized by law to own 
  2.1   land; and 
  2.2      (4) "transfer of ownership" of land means a sale of the 
  2.3   land, a trade of the land for other land or assets, or a 
  2.4   disposal of the land by gift. 
  2.5      Subd. 3.  [PUBLIC NOTICE REQUIRED.] (a) Before entering 
  2.6   into a legally binding agreement relating to a transfer of 
  2.7   ownership or change of use of a parcel of land covered by this 
  2.8   section, the state or a local unit of government shall provide 
  2.9   public notice and a period of not less than 120 days for public 
  2.10  comment and shall conduct at least one public hearing on the 
  2.11  proposed transfer or change.  Public notice must include: 
  2.12     (1) posted notice prominently displayed on the property in 
  2.13  question; 
  2.14     (2) published notice prominently displayed in a general 
  2.15  circulation newspaper serving the area in which the property is 
  2.16  situated; 
  2.17     (3) notice by direct mail or electronic mail to residents 
  2.18  and businesses whose properties are adjacent to the property; 
  2.19     (4) posting on a Web site, if any; and 
  2.20     (5) notice by direct mail or electronic mail to persons or 
  2.21  organizations that have registered with the state or local unit 
  2.22  of government to receive notices of any transfers or changes of 
  2.23  use of property. 
  2.24     (b) Notice must include a general description of the land 
  2.25  and the reason for its proposed transfer of ownership or change 
  2.26  of use.  The state and local units of government shall establish 
  2.27  and publicize a procedure for persons or organizations to 
  2.28  register for receiving notice under paragraph (a), clause (5).