Minnesota Session Laws - 1983, Regular Session

  

                         Laws of Minnesota 1983 

                        CHAPTER 239--S.F.No. 856
           An act relating to real property; requiring 
          certification by the municipality prior to transfer by 
          the county auditor of certain unplatted properties; 
          amending Minnesota Statutes 1982, section 272.162, 
          subdivisions 2 and 3. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1982, section 272.162, 
subdivision 2, is amended to read: 
    Subd. 2.  [CONDITIONS ALLOWING TRANSFER.] Notwithstanding 
the provisions of subdivision 1, the county auditor may transfer 
or divide the land and its assessed valuation and may certify 
the instrument if the instrument contains a certification by the 
clerk of the municipality:  
    (a) that the municipality's subdivision regulations do not 
apply;  
    (b) that the subdivision has been approved by the governing 
body of the municipality; or 
    (c) that the restrictions on the division of taxes and 
filing and recording have been waived by resolution of the 
governing body of the municipality in the particular case 
because compliance would create an unnecessary hardship and 
failure to comply would not interfere with the purpose of the 
regulations.  
    If any of the conditions for certification by the 
municipality as provided in this subdivision exist and the 
municipality does not certify that they exist within 24 hours 
after the instrument of conveyance has been presented to the 
clerk of the municipality, the provisions of subdivision 1 shall 
do not apply.  
     If an unexecuted instrument is presented to the 
municipality and any of the conditions for certification by the 
municipality as provided in this subdivision exist, the 
unexecuted instrument must be certified by the clerk of the 
municipality. 
     Sec. 2.  Minnesota Statutes 1982, section 272.162, 
subdivision 3, is amended to read: 
    Subd. 3.  [APPLICABILITY OF RESTRICTIONS.] This section 
does not apply to the exceptions set forth in section 272.12.  
    This section applies only to land within municipalities 
located within the metropolitan area, as defined in section 
473.121, subdivision 2, which choose to be governed by its 
provisions.  A municipality may choose to have this section 
apply to the property within its boundaries by filing a 
certified copy of a resolution of its governing body making that 
choice with the auditor and recorder of the county in which it 
is located. 
    Approved June 1, 1983