SF 854

3rd Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to land use; precluding the termination of 
  1.3             lawful land uses by amortization; providing 
  1.4             exceptions; amending Minnesota Statutes 1998, sections 
  1.5             394.21, by adding subdivisions; and 462.357, by adding 
  1.6             subdivisions. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1998, section 394.21, is 
  1.9   amended by adding a subdivision to read: 
  1.10     Subd. 1a.  [AMORTIZATION PROHIBITED.] Except as otherwise 
  1.11  provided in this subdivision, a county, regardless of 
  1.12  population, under this chapter or under a special or local law, 
  1.13  must not enact, amend, or enforce an ordinance providing for the 
  1.14  elimination or termination of a use by amortization which use 
  1.15  was lawful at the time of its inception.  This subdivision does 
  1.16  not apply to adults-only bookstores, adults-only theaters, or 
  1.17  similar adults-only businesses, as defined by ordinance. 
  1.18     Sec. 2.  Minnesota Statutes 1998, section 394.21, is 
  1.19  amended by adding a subdivision to read: 
  1.20     Subd. 3.  [NUISANCE.] Subdivision 1a does not prohibit a 
  1.21  county from enforcing an ordinance providing for the prevention 
  1.22  or abatement of nuisances, as defined in section 561.01, or 
  1.23  eliminating a use determined to be a public nuisance, as defined 
  1.24  in section 617.81, subdivision 2, paragraph (a), clauses (1) to 
  1.25  (9), without payment of compensation. 
  1.26     Sec. 3.  Minnesota Statutes 1998, section 462.357, is 
  2.1   amended by adding a subdivision to read: 
  2.2      Subd. 1c.  [AMORTIZATION PROHIBITED.] Except as otherwise 
  2.3   provided in this subdivision, a municipality must not enact, 
  2.4   amend, or enforce an ordinance providing for the elimination or 
  2.5   termination of a use by amortization which use was lawful at the 
  2.6   time of its inception.  This subdivision does not apply to 
  2.7   adults-only bookstores, adults-only theaters, or similar 
  2.8   adults-only businesses, as defined by ordinance. 
  2.9      Sec. 4.  Minnesota Statutes 1998, section 462.357, is 
  2.10  amended by adding a subdivision to read: 
  2.11     Subd. 1d.  [NUISANCE.] Subdivision 1c does not prohibit a 
  2.12  municipality from enforcing an ordinance providing for the 
  2.13  prevention or abatement of nuisances, as defined in section 
  2.14  561.01, or eliminating a use determined to be a public nuisance, 
  2.15  as defined in section 617.81, subdivision 2, paragraph (a), 
  2.16  clauses (1) to (9), without payment of compensation. 
  2.17     Sec. 5.  [EXCEPTIONS.] 
  2.18     (a) Notwithstanding section 3, the city of St. Louis Park 
  2.19  may enforce ordinance number 2039-95, amending the city code 
  2.20  adding section 14:7-4.1 (1995), adopted by the city on October 
  2.21  2, 1995, relating to the amortization of a nonconforming 
  2.22  ready-mix facility. 
  2.23     (b) This act does not apply to an ordinance that is the 
  2.24  subject of an action commenced on or before January 1, 1999, to 
  2.25  amortize a specific land use.  Such an ordinance may be enforced 
  2.26  only with regard to the specific use that is the subject of the 
  2.27  action and only as determined by the court or by the parties in 
  2.28  an agreement to settle the action. 
  2.29     (c) A city that is a party to an action commenced on or 
  2.30  before January 1, 1999, to eliminate a land use, may enact and 
  2.31  enforce an amortization of use ordinance to eliminate the land 
  2.32  use that is the subject of the action. 
  2.33     Sec. 6.  [EFFECTIVE DATE.] 
  2.34     Sections 1 to 4, and 5, paragraphs (b) and (c), are 
  2.35  effective the day after their final enactment.  Section 5, 
  2.36  paragraph (a) is effective the day following final enactment 
  3.1   without local approval, as provided in Minnesota Statutes, 
  3.2   section 645.023.