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SF 854

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

KEY: stricken = removed, old language.
underscored = added, new language.
Version List Authors and Status
Rtf 
  1.1                          A bill for an act 
  1.2             relating to land use; precluding the termination of 
  1.3             lawful land uses by amortization; authorizing the city 
  1.4             of St. Louis Park to continue to enforce a certain 
  1.5             ordinance; amending Minnesota Statutes 1998, sections 
  1.6             394.21, by adding a subdivision; and 462.357, by 
  1.7             adding a subdivision. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1998, section 394.21, is 
  1.10  amended by adding a subdivision to read: 
  1.11     Subd. 1a.  [AMORTIZATION PROHIBITED.] A county, regardless 
  1.12  of population, under this chapter or under a special or local 
  1.13  law, must not enact, amend, or enforce an ordinance providing 
  1.14  for the elimination or termination of a use by amortization 
  1.15  which use was lawful at the time of its inception unless a 
  1.16  particular use has been found to be a public nuisance under 
  1.17  sections 617.80 to 617.87. 
  1.18     Sec. 2.  Minnesota Statutes 1998, section 462.357, is 
  1.19  amended by adding a subdivision to read: 
  1.20     Subd. 1c.  [AMORTIZATION PROHIBITED.] A municipality must 
  1.21  not enact, amend, or enforce an ordinance providing for the 
  1.22  elimination or termination of a use by amortization which use 
  1.23  was lawful at the time of its inception unless a particular use 
  1.24  has been found to be a public nuisance under sections 617.80 to 
  1.25  617.87. 
  1.26     Sec. 3.  [CITY OF ST. LOUIS PARK.] 
  2.1      Notwithstanding section 2, the city of St. Louis Park may 
  2.2   enforce ordinance number 2039-95, amending the city code adding 
  2.3   section 14:7-4.1 (1995), adopted by the city on October 2, 1995, 
  2.4   relating to the amortization of a nonconforming ready-mix 
  2.5   facility. 
  2.6      Sec. 4.  [EFFECTIVE DATE.] 
  2.7      Sections 1 and 2 are effective the day after their final 
  2.8   enactment.  Section 3 is effective the day following final 
  2.9   enactment without local approval, as provided in Minnesota 
  2.10  Statutes, section 645.023.