SF 2661

1st Engrossment - 90th Legislature (2017 - 2018) Posted on 08/24/2018 09:22am

A bill for an act
relating to local government; modifying expiration of metropolitan agricultural
preserves; authorizing the sale and issuance of state bonds for predesign and design
of the Gateway Trail; appropriating money; amending Minnesota Statutes 2016,
section 473H.08, subdivisions 1, 4, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2016, section 473H.08, subdivision 1, is amended to read:

Subdivision 1.

Till expiration started.

Agricultural preserves shall continue until either
the landowner or, the authority, or a state agency or governmental unit initiates expiration
as provided in this section.

Sec. 2.

Minnesota Statutes 2016, section 473H.08, is amended by adding a subdivision to
read:

Subd. 3a.

Expiration for park and trail purposes.

(a) An agricultural preserve expires
immediately when a state agency or other governmental unit purchases the property or
obtains an easement over the property for the purpose of creating or expanding a public
trail or public park. This subdivision applies only to the portion of the agricultural preserve
acquired for trail or park purposes, and any portion of the property not acquired for trail or
park purposes shall remain an agricultural preserve.

(b) The acquiring state agency or governmental unit shall give notice of the expiration
under paragraph (a) to the authority. The notice must specify the portion of the property
being removed from the agricultural preserve and the date on which that portion expires.

Sec. 3.

Minnesota Statutes 2016, section 473H.08, subdivision 4, is amended to read:

Subd. 4.

Notice to others.

Upon receipt of the notice provided in subdivision 2 or 3a,
or upon notice served by the authority as provided in subdivision 3, the authority shall
forward the original notice to the county recorder for recording, or to the registrar of titles
if the land is registered, and shall notify the county auditor, county assessor, the Metropolitan
Council, and the county soil and water conservation district of the date of expiration.
Designation as an agricultural preserve and all benefits and limitations accruing through
sections 473H.02 to 473H.17 for the preserve shall cease on the date of expiration. The
restrictive covenant contained in the application shall terminate on the date of expiration.

Sec. 4. GATEWAY TRAIL PREDESIGN AND DESIGN.

Subdivision 1.

Appropriation.

$500,000 is appropriated from the bond proceeds fund
to the commissioner of natural resources for predesign and design of the Gateway Trail
from William O'Brien State Park to downtown Scandia. The commissioner must grant at
least ten percent of the appropriation to the city of Scandia for local involvement in the
predesign and design process and for predesign and design of safe connections between the
Gateway Trail and (1) the Gammelgarden Museum, and (2) safe cycling routes in the city.
The predesign and design must include suitable connections between the Gateway Trail
and the William O'Brien State Park campground and trail center.

Subd. 2.

Bond sale.

To provide the money appropriated in this section from the bond
proceeds fund, the commissioner of management and budget shall sell and issue bonds of
the state in an amount up to $500,000 in the manner, upon the terms, and with the effect
prescribed by Minnesota Statutes, sections 16A.631 to 16A.675, and by the Minnesota
Constitution, article XI, sections 4 to 17.

Sec. 5. EFFECTIVE DATE.

Sections 1 to 3 are effective the day following final enactment and apply to any
agricultural preserve where the previously required eight-year termination period under
Minnesota Statutes, section 473H.08, has not yet expired. Section 4 is effective the day
following final enactment.