Key: (1) language to be deleted (2) new language
Laws of Minnesota 1985
CHAPTER 300-S.F.No. 472
An act relating to taxation; modifying certain
procedures relating to taxpayer appeals; requiring
apportionment of levies in specific situations;
clarifying the calculation of property tax credits;
clarifying the tax treatment of certain pipelines;
modifying provisions relating to the payment of
property taxes; providing for the recording of state
deeds; modifying the deed stamp tax procedure;
clarifying the computation of gross earnings tax for
taconite railroads; clarifying labor credit provisions;
modifying the taconite production tax distribution;
reducing occupation and royalty tax rates for certain
ore; clarifying process of taconite aid guarantee
phase out; requiring payment of current taxes before
conveyance of registered land; allowing for
memorializing of state deeds on certificates of title;
clarifying cancellation of contract for deed
provisions; clarifying the tax exempt status of
certain property used in connection with a public
airport; amending Minnesota Statutes 1984, sections
270.076, subdivision 2; 270.11, subdivision 7; 270.12,
subdivision 3; 272.02, subdivision 1; 273.l23,
subdivision 5; 273.13, subdivision 4; 273.138,
subdivision 5; 273.19, subdivision 1; 273.33,
subdivisions 1 and 2; 279.01, subdivision 1; 282.01,
subdivision 6; 282.014; 282.301; 282.33, subdivision
1; 282.36; 287.25; 294.22; 298.01, subdivision 1;
298.02, subdivision 1; 298.225; 298.28, subdivision 1;
299.01, subdivision 1; 299.012, subdivision 1;
473H.10, subdivision 3; 508.47, subdivision 4; 508.71,
subdivision 4; 559.21, by adding a subdivision;
proposing coding for new law in Minnesota Statutes,
chapter 273; repealing Minnesota Statutes 1984,
sections 298.01, subdivision 2; 299.01, subdivision 2;
and 477A.04.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1984, section 270.076,
subdivision 2, is amended to read:
Subd. 2. In case of appeal from the assessment and levy of
the tax, the airline company shall currently pay when due that
portion 90 percent of the tax which is admitted to be due unless
the payment is waived or otherwise adjusted by an order of the
court. If the final determination of the litigation should
result in sustaining the assessment and levy or in the finding
that the amount paid by the airline company is insufficient, the
difference between the amount paid and the amount which should
have been paid shall be decreed delinquent taxes subject to
interest, as hereinabove provided. If the final determination
of the tax court or the supreme court shall result in increasing
any assessment above that which was made final by the order of
the commissioner from which the appeal is taken, then the taxes
on such increased assessment shall be delinquent 30 days after
notice of the amount of the increased tax shall have been given
to the airline company by the commissioner.
Sec. 2. Minnesota Statutes 1984, section 270.11,
subdivision 7, is amended to read:
Subd. 7. [APPEARANCES BEFORE THE COMMISSIONER.] A property
owner, other than a public utility, or mining company or the
metropolitan airport commission, for which the original
assessments are determined by the commissioner of revenue, may
not appear before the commissioner for the purposes provided in
subdivisions 5 or 6 unless a timely appearance in person, by
counsel, or by written communication has been made before the
county board of equalization as provided in section 274.13, to
appeal the assessment of the property, or that he can establish
that he did not receive notice of his market value at least five
days before the local board of review meeting.
The commissioner may refuse to hear an appeal that is
within the jurisdiction of the small claims division of the tax
court as stated in section 271.21, subdivision 2. The property
owner shall be notified by the commissioner of the right to
appeal to the small claims division whenever an appeal to the
commissioner is denied.
Sec. 3. Minnesota Statutes 1984, section 270.12,
subdivision 3, is amended to read:
Subd. 3. For taxes levied in 1983 1985 and thereafter when
a taxing jurisdiction lies in two or more counties, if the sales
ratio studies prepared by the department of revenue show that
the average levels of assessment in the several portions of the
taxing jurisdictions in the different counties differ by more
than five percent, the board shall may order the apportionment
of the levy,. When the sales ratio studies prepared by the
department of revenue show that the average levels of assessment
in the several portions of the taxing jurisdictions in the
different counties differ by more than ten percent, the board
shall order the apportionment of the levy unless (a) the
proportion of total adjusted assessed value in one of the
counties is less than ten percent of the total adjusted assessed
value in the taxing jurisdiction and the average level of
assessment in that portion of the taxing jurisdiction is the
level which differs by more than five percent from the
assessment level in any one of the other portions of the taxing
jurisdiction; (b) significant changes have been made in the
level of assessment in the taxing jurisdiction which have not
been reflected in the sales ratio study, and those changes alter
the assessment levels in the portions of the taxing jurisdiction
so that the assessment level now differs by five percent or
less; or (c) commercial, industrial, mineral, or public utility
property predominates in one county within the taxing
jurisdiction and another class of property predominates in
another county within that same taxing jurisdiction. If one or
more of these factors are present, the board may order the
apportionment of the levy.
Notwithstanding any other provision, the levy for the
metropolitan mosquito control district, metropolitan council,
metropolitan transit district, and metropolitan transit area
must be apportioned without regard to the percentage difference.
If, pursuant to this subdivision, the board apportions the
levy, then that levy apportionment among the portions in the
different counties shall be made in the same proportion as the
adjusted assessed value as determined by the equalization aid
review committee in each portion is to the total adjusted
assessed value of the taxing jurisdiction.
For the purposes of this section, the average level of
assessment in a taxing jurisdiction or portion thereof shall be
the aggregate assessment sales ratio. Assessed values as
determined by the equalization aid review committee shall be the
values as determined for the year preceding the year in which
the levy to be apportioned is levied.
Actions pursuant to this subdivision shall be commenced
subsequent to the annual meeting on August 15 of the state board
of equalization, but notice of the action shall be given to the
affected jurisdiction and the appropriate county auditors by the
following November 15.
Apportionment of a levy pursuant to this subdivision shall
be considered as a remedy to be taken after equalization
pursuant to subdivision 2, and when equalization within the
jurisdiction would disturb equalization within other
jurisdictions of which the several portions of the jurisdiction
in question are a part.
Sec. 4. Minnesota Statutes 1984, section 272.02,
subdivision 1, is amended to read:
Subdivision 1. All property described in this section to
the extent herein limited shall be exempt from taxation:
(1) All public burying grounds;
(2) All public schoolhouses;
(3) All public hospitals;
(4) All academies, colleges, and universities, and all
seminaries of learning;
(5) All churches, church property, and houses of worship;
(6) Institutions of purely public charity except parcels of
property containing structures and the structures assessed
pursuant to section 273.13, subdivisions 17, 17b, 17c or 17d;
(7) All public property exclusively used for any public
purpose;
(8) Except for the taxable personal property enumerated
below, all personal property and the property described in
section 272.03, subdivision 1, clause (c) shall be exempt.
The following personal property shall be taxable:
(a) personal property which is part of an electric
generating, transmission, or distribution system or a pipeline
system transporting or distributing water, gas, crude oil, or
petroleum products or mains and pipes used in the distribution
of steam or hot or chilled water for heating or cooling
buildings and structures;
(b) railroad docks and wharves which are part of the
operating property of a railroad company as defined in section
270.80;
(c) personal property defined in section 272.03,
subdivision 2, clause (3);
(d) leasehold or other personal property interests which
are taxed pursuant to section 272.01, subdivision 2; 273.13,
subdivision 7b or 7d; or 273.19, subdivision 1; or any other law
providing the property is taxable as if the lessee or user were
the fee owner;
(e) property classified as class 2a property; and
(f) flight property as defined in section 270.071.
(9) Real and personal property used primarily for the
abatement and control of air, water, or land pollution to the
extent that it is so used, other than real property used
primarily as a solid waste disposal site.
Any taxpayer requesting exemption of all or a portion of
any equipment or device, or part thereof, operated primarily for
the control or abatement of air or water pollution shall file an
application with the commissioner of revenue. The equipment or
device shall meet standards, regulations or criteria prescribed
by the Minnesota Pollution Control Agency, and must be installed
or operated in accordance with a permit or order issued by that
agency. The Minnesota Pollution Control Agency shall upon
request of the commissioner furnish information or advice to the
commissioner. If the commissioner determines that property
qualifies for exemption, he shall issue an order exempting the
property from taxation. The equipment or device shall continue
to be exempt from taxation as long as the permit issued by the
Minnesota Pollution Control Agency remains in effect.
(10) Wetlands. For purposes of this subdivision,
"wetlands" means (1) land described in section 105.37,
subdivision 15, or (2) land which is mostly under water,
produces little if any income, and has no use except for
wildlife or water conservation purposes, provided it is
preserved in its natural condition and drainage of it would be
legal, feasible, and economically practical for the production
of livestock, dairy animals, poultry, fruit, vegetables, forage
and grains, except wild rice. "Wetlands" shall include adjacent
land which is not suitable for agricultural purposes due to the
presence of the wetlands. "Wetlands" shall not include woody
swamps containing shrubs or trees, wet meadows, meandered water,
streams, rivers, and floodplains or river bottoms. Exemption of
wetlands from taxation pursuant to this section shall not grant
the public any additional or greater right of access to the
wetlands or diminish any right of ownership to the wetlands.
(11) Native prairie. The commissioner of the department of
natural resources shall determine lands in the state which are
native prairie and shall notify the county assessor of each
county in which the lands are located. Pasture land used for
livestock grazing purposes shall not be considered native
prairie for the purposes of this clause and section 273.116.
Upon receipt of an application for the exemption and credit
provided in this clause and section 273.116 for lands for which
the assessor has no determination from the commissioner of
natural resources, the assessor shall refer the application to
the commissioner of natural resources who shall determine within
30 days whether the land is native prairie and notify the county
assessor of his decision. Exemption of native prairie pursuant
to this clause shall not grant the public any additional or
greater right of access to the native prairie or diminish any
right of ownership to it.
(12) Property used in a continuous program to provide
emergency shelter for victims of domestic abuse, provided the
organization that owns and sponsors the shelter is exempt from
federal income taxation pursuant to section 501(c)(3) of the
Internal Revenue Code of 1954, as amended through December 31,
1982, notwithstanding the fact that the sponsoring organization
receives funding under section 8 of the United States Housing
Act of 1937, as amended.
(13) If approved by the governing body of the municipality
in which the property is located, property not exceeding one
acre which is owned and operated by any senior citizen group or
association of groups that in general limits membership to
persons age 55 or older and is organized and operated
exclusively for pleasure, recreation, and other nonprofit
purposes, no part of the net earnings of which inures to the
benefit of any private shareholders; provided the property is
used primarily as a clubhouse, meeting facility or recreational
facility by the group or association and the property is not
used for residential purposes on either a temporary or permanent
basis.
(14) To the extent provided by section 295.44, real and
personal property used or to be used primarily for the
production of hydroelectric or hydromechanical power on a site
owned by the state or a local governmental unit which is
developed and operated pursuant to the provisions of section
105.482, subdivisions 1, 8 and 9.
(15) If approved by the governing body of the municipality
in which the property is located, and if construction is
commenced after June 30, 1983:
(a) a "direct satellite broadcasting facility" operated by
a corporation licensed by the federal communications commission
to provide direct satellite broadcasting services using direct
broadcast satellites operating in the 12-ghz. band;
(b) a "fixed satellite regional or national program service
facility" operated by a corporation licensed by the federal
communications commission to provide fixed satellite-transmitted
regularly scheduled broadcasting services using satellites
operating in the 6-ghz. band; and
(c) a facility at which a licensed Minnesota manufacturer
produces distilled spirituous liquors, liqueurs, cordials, or
liquors designated as specialties regardless of alcoholic
content, but not including ethyl alcohol, distilled with a
majority of the ingredients grown or produced in Minnesota.
An exemption provided by paragraph (15) shall apply for a period
not to exceed five years. When the facility no longer qualifies
for exemption, it shall be placed on the assessment rolls as
provided in subdivision 4. Before approving a tax exemption
pursuant to this paragraph, the governing body of the
municipality shall provide an opportunity to the members of the
county board of commissioners of the county in which the
facility is proposed to be located and the members of the school
board of the school district in which the facility is proposed
to be located to meet with the governing body. The governing
body shall present to the members of those boards its estimate
of the fiscal impact of the proposed property tax exemption.
The tax exemption shall not be approved by the governing body
until the county board of commissioners has presented its
written comment on the proposal to the governing body, or 30
days has passed from the date of the transmittal by the
governing body to the board of the information on the fiscal
impact, whichever occurs first.
The exemptions granted by this subdivision shall be subject
to the limits contained in the other subdivisions of this
section, section 272.025, or section 273.13, subdivisions 17,
17b, 17c, or 17d.
(16) Real and personal property owned and operated by a
private, nonprofit corporation exempt from federal income
taxation pursuant to United States Code, title 26, section
501(c)(3), primarily used in the generation and distribution of
hot water for heating buildings and structures.
Sec. 5. Minnesota Statutes 1984, section 273.123,
subdivision 5, is amended to read:
Subd. 5. [COMPUTATION OF CREDITS.] The amounts of any
homestead, agricultural, or similar credits or tax relief which
reduce the gross tax shall be computed upon the reassessed value
determined under subdivision 2. Payment shall be made pursuant
to section 273.13, subdivision 15a. For purposes of the
property tax refund, property taxes payable, as defined in
section 290A.03, subdivision 13, and net property taxes payable,
as defined in section 290A.04, subdivision 2d, shall be computed
upon the reassessed value determined under subdivision 2.
Sec. 6. Minnesota Statutes 1984, section 273.13,
subdivision 4, is amended to read:
Subd. 4. [CLASS 3.] (a) Tools, implements and machinery of
an electric generating, transmission or distribution system or a
pipeline system transporting or distributing water, gas, crude
oil, or petroleum products or mains and pipes used in the
distribution of steam or hot or chilled water for heating or
cooling buildings, which are fixtures, all agricultural land,
except as provided by classes 1, 3b, 3e, shall constitute class
3 and shall be valued and assessed at 33-1/3 percent of the
market value thereof, except as provided in clause (b). All
buildings and structures assessed as personal property and
situated upon land of the state of Minnesota or the United
States government which is rural in character and devoted or
adaptable to rural but not necessarily agricultural use shall be
assessed based upon the use made of the building or structure.
Except as provided in subdivision 5a, all real property devoted
to temporary and seasonal residential occupancy for recreational
purposes, and which is not devoted to commercial purposes for
more than 200 days in the year preceding the year of assessment,
shall be class 3 property and assessed accordingly. For this
purpose, property is devoted to commercial use on a specific day
if it is used, or offered for use, and a fee is charged for such
use. Class 3 shall also include commercial use real property
used exclusively for recreational purposes in conjunction with
class 3 property devoted to temporary and seasonal residential
occupancy for recreational purposes, up to a total of two acres,
provided the property is not devoted to commercial recreational
use for more than 200 days in the year preceding the year of
assessment and is located within two miles of the class 3
property with which it is used.
(b) Agricultural land which is classified as class 3 shall
be assessed at 19 percent of its market value. Real property
devoted to temporary and seasonal residential occupancy for
recreation purposes which is classified as class 3 shall be
assessed at 21 percent of its market value.
Sec. 7. Minnesota Statutes 1984, section 273.138,
subdivision 5, is amended to read:
Subd. 5. The commissioner of revenue shall calculate the
aids pursuant to subdivisions 2 and 3, basing all necessary
calculations on the abstracts of assessment of real property for
assessment year 1972 transmitted to the commissioner of revenue
pursuant to section 270.11 as equalized by the state board of
equalization pursuant to sections 270.11 and 270.12, and the
1973 abstracts of tax lists transmitted by the county auditors
pursuant to section 275.29. He shall make payments pay directly
to the affected taxing authorities in two equal parts on July 15
and November 15 of each year, commencing in 1974 their total
payment for the year at the time distributions are made pursuant
to section 273.13, subdivision 15a.
Sec. 8. [273.1393] [COMPUTATION OF NET PROPERTY TAXES.]
Notwithstanding any other provisions to the contrary, "net"
property taxes are determined by subtracting the credits in the
order listed from the gross tax:
(1) disaster credit as provided in section 273.123;
(2) wetlands credit as provided in section 273.115;
(3) native prairie credit as provided in section 273.116;
(4) powerline credit as provided in section 273.42;
(5) agricultural preserves credit as provided in section
473H.10;
(6) enterprise zone credit as provided in section 273.1314;
(7) state school agricultural credit as provided in section
124.2137;
(8) state paid homestead credit as provided in section
273.13, subdivisions 6 and 7;
(9) taconite homestead credit as provided in section
273.135;
(10) supplemental homestead credit as provided in section
273.1391.
The combination of all property tax credits must not exceed
the gross tax amount.
Sec. 9. Minnesota Statutes 1984, section 273.19,
subdivision 1, is amended to read:
Subdivision 1. Except as provided in subdivision 3 or 4,
property held under a lease for a term of three or more years,
and not taxable under section 272.01, subdivision 2, clause
(b)(1), or under a contract for the purchase thereof, when the
property belongs to the United States, to the state, or to any
religious, scientific, or benevolent society or institution,
incorporated or unincorporated, or to any railroad company or
other corporation whose property is not taxed in the same manner
as other property, or when the property is school or other state
lands, shall be considered, for all purposes of taxation, as the
property of the person so holding the same. This subdivision
does not apply to property exempt from taxation under section
272.01, subdivision 2, clause (b)(2).
Sec. 10. Minnesota Statutes 1984, section 273.33,
subdivision 1, is amended to read:
Subdivision 1. The personal property of express, stage and
transportation companies, and of pipeline companies engaged in
the business of transporting natural gas, gasoline, crude oil,
or other petroleum products except as otherwise provided by law,
shall be listed and assessed in the county, town or district
where the same is usually kept.
Sec. 11. Minnesota Statutes 1984, section 273.33,
subdivision 2, is amended to read:
Subd. 2. The personal property, consisting of the pipeline
system of mains, pipes and equipment attached thereto, of
pipeline companies and others engaged in the operations or
business of transporting natural gas, gasoline, crude oil, or
other petroleum products by pipe lines, shall be listed with and
assessed by the commissioner of revenue. This subdivision shall
not apply to the assessment of the products transported through
the pipe lines nor to the lines of local commercial gas
companies engaged primarily in the business of distributing gas
to consumers at retail nor to pipe lines used by the owner
thereof to supply natural gas or other petroleum products
exclusively for such owner's own consumption and not for resale
to others. On or before the fifteenth day of November, the
commissioner shall certify to the auditor of each county, the
amount of such personal property assessment against each company
in each district in which such property is located.
Sec. 12. Minnesota Statutes 1984, section 279.01,
subdivision 1, is amended to read:
Subdivision 1. On May 16, of each year, with respect to
property actually occupied and used as a homestead by the owner
of the property, a penalty of three percent shall accrue and
thereafter be charged upon all unpaid taxes on real estate on
the current lists in the hands of the county treasurer, and a
penalty of seven percent on nonhomestead property, except that
this penalty shall not accrue until June 1 of each year on
commercial use real property used for seasonal residential
recreational purposes and classified as class 3 or 3a, and on
other commercial use real property classified as class 4c,
provided that over 60 percent of the gross income earned by the
enterprise on the class 4c property is earned during the months
of May, June, July, and August. Any property owner of such
class 4c property who pays the first half of the tax due on the
property after May 15 and before June 1 shall attach an
affidavit to his payment attesting to compliance with the income
provision of this subdivision. Thereafter, for both homestead
and nonhomestead property, on the 16th day of each month, up to
and including October 16 following, an additional penalty of one
percent for each month shall accrue and be charged on all such
unpaid taxes. When the taxes against any tract or lot exceed
$10 $50, one-half thereof may be paid prior to May 16 and, if so
paid, no penalty shall attach; the remaining one-half shall be
paid at any time prior to October 16 following, without penalty;
but, if not so paid, then a penalty of four percent shall accrue
thereon for homestead property and a penalty of four percent on
nonhomestead property. Thereafter, for homestead property, on
the 16th day of each month up to and including December 16
following, an additional penalty of two percent for each month
shall accrue and be charged on all such unpaid taxes.
Thereafter, for nonhomestead property, on the 16th day of each
month up to and including December 16 following, an additional
penalty of four percent for each month shall accrue and be
charged on all such unpaid taxes. If one-half of such taxes
shall not be paid prior to May 16, the same may be paid at any
time prior to October 16, with accrued penalties to the date of
payment added, and thereupon no penalty shall attach to the
remaining one-half until October 16 following; provided, also,
that the same may be paid in installments as follows:
One-fourth prior to March 16; one-fourth prior to May 16;
one-fourth prior to August 16; and the remaining one-fourth
prior to October 16, subject to the aforesaid penalties. Where
the taxes delinquent after October 16 against any tract or
parcel exceed $40 $100, upon resolution of the county board,
they may be paid in installments of not less than 25 percent
thereof, together with all accrued penalties and costs, up to
the next tax judgment sale, and after such payment, penalties,
interest, and costs shall accrue only on the sum remaining
unpaid. Any county treasurer who shall make out and deliver or
countersign any receipt for any such taxes without including all
of the foregoing penalties therein, shall be liable to the
county for the amount of such penalties.
Sec. 13. Minnesota Statutes 1984, section 282.01,
subdivision 6, is amended to read:
Subd. 6. [DUTIES OF COMMISSIONER OF REVENUE; ISSUANCE OF
CONVEYANCE.] When any sale has been made by the county auditor
under sections 282.01 to 282.13, he shall immediately certify to
the commissioner of revenue such information relating to such
sale, on such forms as the commissioner of revenue may prescribe
as will enable the commissioner of revenue to prepare an
appropriate deed if the sale is for cash, or keep his necessary
records if the sale is on terms; and not later than October 31
of each year the county auditor shall submit to the commissioner
of revenue a statement of all instances wherein any payment of
principal, interest, or current taxes on lands held under
certificate, due or to be paid during the preceding calendar
years, are still outstanding at the time such certificate is
made. When such statement shows that a purchaser or his
assignee is in default, the commissioner of revenue may instruct
the county board of the county in which the land is located to
cancel said certificate of sale in the manner provided by
subdivision 5, provided that upon recommendation of the county
board, and where the circumstances are such that the
commissioner of revenue after investigation is satisfied that
the purchaser has made every effort reasonable to make payment
of both the annual instalment and said taxes, and that there has
been no wilful neglect on the part of the purchaser in meeting
these obligations, then the commissioner of revenue may extend
the time for the payment for such period as he may deem
warranted, not to exceed one year. On payment in full of the
purchase price, appropriate conveyance in fee, in such form as
may be prescribed by the attorney general, shall be issued by
the commissioner of revenue, which conveyance must be recorded
by the county and shall have the force and effect of a patent
from the state subject to easements and restrictions of record
at the date of the tax judgment sale, including, but without
limitation, permits for telephone, telegraph, and electric power
lines either by underground cable or conduit or otherwise, sewer
and water lines, highways, railroads, and pipe lines for gas,
liquids, or solids in suspension.
Sec. 14. Minnesota Statutes 1984, section 282.014, is
amended to read:
282.014 [COMPLETION OF SALE AND CONVEYANCE.]
Upon compliance by the purchaser with the provisions of
sections 282.011 to 282.015 and with the terms and conditions of
the sale, and upon full payment for the land, plus a $10 fee in
addition to the sale price, the sale shall be complete and a
conveyance of the land shall be issued to the purchaser as
provided by the appropriate statutes according to the status of
the land upon forfeiture.
The conveyance must be forwarded to the county recorder who
shall record the conveyance before the auditor issues it to the
purchaser.
Sec. 15. Minnesota Statutes 1984, section 282.301, is
amended to read:
282.301 [RECEIPTS FOR PAYMENTS.]
The purchaser shall receive from the county auditor at the
time of repurchase a receipt, in such form as may be prescribed
by the attorney general. When the purchase price of a parcel of
land shall be paid in full, the following facts shall be
certified by the county auditor to the commissioner of revenue
of the state of Minnesota: the description of land, the date of
sale, the name of the purchaser or his assignee, and the date
when the final instalment of the purchase price was paid. Upon
payment in full of the purchase price, the purchaser or his
assignee shall receive a quitclaim deed from the state, to be
executed by the commissioner of revenue. The deed must be sent
to the county recorder for recording before it is forwarded to
the purchaser. Failure to make any payment herein required
shall constitute default and upon such default and cancellation
in accord with section 282.40, the right, title and interest of
the purchaser or his heirs, representatives, or assigns in such
parcel shall terminate.
Sec. 16. Minnesota Statutes 1984, section 282.33,
subdivision 1, is amended to read:
Subdivision 1. Whenever an unrecorded deed from the state
of Minnesota conveying tax-forfeited lands shall have been lost
or destroyed, an application, in form approved by the attorney
general, for a new deed may be made by the grantee or his
successor in interest to the commissioner of revenue. If it
appears to the commissioner of revenue that the facts stated in
the petition are true, he shall issue a new deed to the original
grantee, in form approved by the attorney general, with like
effect as the original deed. The commissioner shall send the
new deed to the county recorder, who after recording the deed
will forward it to the county auditor. The application shall be
accompanied by a fee of $10, payable to the commissioner of
revenue, which shall be deposited with the state treasurer and
credited to the general fund.
Sec. 17. Minnesota Statutes 1984, section 282.36, is
amended to read:
282.36 [FEES PAYABLE TO REPURCHASER.]
Any person repurchasing land after forfeiture to the state
for nonpayment of taxes under the provisions of a repurchase law
shall at the time the certificate of repurchase is issued and
recorded by the county auditor or before receiving quit claim
deed pursuant thereto, pay to the county treasurer a fee of $3.
Fees so collected during any calendar year shall be credited to
a special fund and, upon a warrant issued by the county auditor
on or before March 1 of the year following, shall be remitted to
the state treasurer and credited to the general fund. The
commissioner of revenue shall, on or before February 1 in each
year, certify to the state treasurer the number of deeds issued
during the preceding calendar year to which these fees apply,
showing by counties the number of deeds so issued and the total
fees due therefor. This section shall not apply to repurchases
made under any law enacted prior to January 1, 1945.
Sec. 18. Minnesota Statutes 1984, section 287.25, is
amended to read:
287.25 [PAYMENT OF TAX; STAMPS.]
The county board shall determine the method for collection
of the tax imposed by section 287.21:
(1) The tax imposed by section 287.21 shall may be paid by
the affixing of a documentary stamp or stamps in the amount of
the tax to the document or instrument with respect to which the
tax is paid, provided that the commissioner of revenue may, in
exceptional cases, permit the payment of the tax without the
affixing of the documentary stamps and in such cases shall, upon
receipt of the tax, endorse his receipt for such tax upon the
face of the document or instrument. In such case the
commissioner of revenue shall deposit the amount received in
payment of the tax with the state treasurer to the credit of the
general fund.
(2) The tax imposed by section 287.21 may be paid in the
manner prescribed by section 287.08 relating to payment of
mortgage registration tax.
Sec. 19. Minnesota Statutes 1984, section 294.22, is
amended to read:
294.22 [GROSS EARNINGS TAX; COMPUTATION.]
Every company owning or operating any taconite railroad
shall pay annually into the state treasury a sum of money equal
to five percent of the gross earnings derived from the operation
of such taconite railway within the state. The gross earnings
of such a taconite railroad company from the transportation of
taconite concentrates from the Mesabi Range to ports on Lake
Superior, for all purposes hereof, shall be a sum of money equal
to the amount which would be charged under established tariffs
of common carriers for the transportation of an equal tonnage of
iron ore or taconite concentrates, whichever is shipped from
Mesabi Range points to ports at the head of Lake Superior,
including the established charges for loading such ore on
boats. For all purposes of chapter 298 the amount rate of the
gross earnings as so calculated shall be treated as the cost of
transportation of such concentrates or iron ore between such
points. If such a taconite railroad company transports coal or
any other commodity, except taconite concentrates, its gross
earnings shall include an amount equal to the established
tariffs of common carriers for the transportation of the same
quantities of similar commodities for corresponding distances,
not, however, including any such charges for any such
commodities used or intended to be used in the construction,
operation or maintenance of such railroad.
Sec. 20. Minnesota Statutes 1984, section 298.01,
subdivision 1, is amended to read:
Subdivision 1. Every person engaged in the business of
mining or producing iron ore or other ores in this state shall
pay to the state of Minnesota an occupation tax equal to 15.5 15
percent of the valuation of all ores except taconite,
semi-taconite and iron sulphides mined or produced after
December 31, 1971 and iron ores mined or produced after December
31, 1984. Said tax shall be in addition to all other taxes
provided for by law and shall be due and payable from such
person on or before June 15 of the year next succeeding the
calendar year covered by the report thereon to be filed as
hereinafter provided.
Sec. 21. Minnesota Statutes 1984, section 298.02,
subdivision 1, is amended to read:
Subdivision 1. [CREDIT.] For the purpose of increasing
employment and the utilization of low-grade, underground, and
high labor cost ores any taxpayer on whom a tax is imposed by
reason of the provisions of section 298.01, subdivisions 1 and
2, shall be allowed a credit against the occupation tax as
computed in that section because of the mining or production of
ore from any mine, in an amount calculated as follows:
(a) In the case of underground all mines or that tonnage of
merchantable ore produced in open pit mines in the year in
question which tonnage has resulted from beneficiation at an ore
beneficiation plant within the state by jigging, heavy media,
spiral separation, cyclone process, roasting, drying by
artificial heat, sintering, magnetic separation, flotation,
agglomeration or any process requiring fine grinding or any
other iron ores mined after December 31, 1984, ten percent of
that part of the cost of labor employed by the mine or in the
beneficiation of all ore mined or produced in the calendar year
in excess of 70 cents and not in excess of 90 cents per ton of
the merchantable ore produced during the year at that mine, and
15 percent of that part of the cost of such labor in excess of
90 cents per ton; in the case of any other tonnage produced at
said mine or in the case of other mines, ten percent of the
amount by which the average cost per ton of labor employed at
the mine, or in the beneficiation of the ore at or near the
mine, exceeds 80 cents, but does not exceed $1.05, plus 15
percent of the amount by which the average labor cost per ton
exceeds $1.05, multiplied by the number of tons of ore produced
at the mine, not exceeding 100,000 tons, but this 100,000 tons
or less shall be first reduced by any tonnage described in the
first part of this subparagraph; provided, however, that in no
event shall the credit allowed hereunder be in excess of
three-fourths of eleven percent, as applied to underground and
taconite, semi-taconite or other iron ore operations, and
six-tenths of eleven percent as applied to all other operations,
of the valuation of the ore used in computing the tax under the
provisions of section 298.01. The term "merchantable ore
produced" as used herein means ores which as mined or as mined
and beneficiated, are ready for shipment as a merchantable
product.
(b) The aggregate amount of all credits allowed under this
subdivision to all mines shall not exceed six and two-tenths
percent of the aggregate amount of occupation taxes imposed
under section 298.01, subdivision 1, assessed against all mines
in the state for said year prior to the deduction of such
credits, provided, that after December 31, 1954, labor credits
to underground mines or taconite or semi-taconite operations
shall not be subject to such percentage limitation and that,
after December 31, 1984, labor credits to other iron ore
operations shall not be subject to the percentage limitation and
both the occupation taxes of such underground mines or taconite,
semi-taconite or other iron ore operations and the labor credits
allowed thereto, shall be excluded in calculating such
percentage limitations. At the time of his final determination
of occupation tax pursuant to section 298.09, subdivision 3, the
commissioner shall reduce the credit otherwise allowable to each
mine hereunder by such equal percentage as will bring the total
within such limitation. If an equal percentage reduction is
made in the labor credits of mines pursuant to this subparagraph
at the time of certification to the commissioner of revenue as
set forth in section 298.10, the same percentage will be used
where changes are made pursuant to section 298.09, subdivision
4, subsequent to June 1. Also if no reduction is made at the
time of certification by the commissioner of revenue on or
before June 1, pursuant to this subdivision and section 298.10,
no reduction will be made subsequent to June 1, due to changes
made pursuant to section 298.09, subdivision 4. This
subparagraph shall apply to occupation tax calculations in
calendar years subsequent to December 31, 1952.
Sec. 22. Minnesota Statutes 1984, section 298.225, is
amended to read:
298.225 [APPROPRIATION.]
For distribution of taconite production tax in 1985 and
thereafter with respect to production in 1984 and thereafter,
the recipients of the taconite production tax as provided in
section 298.28, subdivision 1, clauses (1) to (4) and (5)(b),
(7), and (8)(a), shall receive distributions equal to the amount
distributed to them pursuant to sections 298.225 and 298.28,
subdivision 1, with respect to 1983 production if the production
for the year prior to the distribution year is no less than
42,000,000 taxable tons. If the production is less than
42,000,000 taxable tons, the amount of the distributions shall
be reduced by proportionately at the rate of two percent for
each 1,000,000 tons, or part of 1,000,000 tons by which the
production is less than 42,000,000 tons. There is hereby
appropriated to the commissioner of revenue from the taconite
environmental protection fund and the corpus of the northeast
Minnesota economic protection trust fund in equal proportions
the amount needed to make the above payments.
If a taconite producer ceases beneficiation operations
permanently and is required by a special law to make bond
payments for a school district, the northeast Minnesota economic
protection trust fund shall assume the payments of the taconite
producer if the producer ceases to make the needed payments.
There is hereby appropriated from the corpus of the northeast
Minnesota economic protection trust fund to the commissioner of
revenue the amounts needed to make these school bond payments.
Sec. 23. Minnesota Statutes 1984, section 298.28,
subdivision 1, is amended to read:
Subdivision 1. [DISTRIBUTION FROM GENERAL FUND.] The
proceeds of the taxes collected under section 298.24, except the
tax collected under section 298.24, subdivision 2, shall, upon
certificate of the commissioner of revenue to the general fund
of the state, be paid by the commissioner of revenue as follows:
(1) 2.5 cents per gross ton of merchantable iron ore
concentrate, hereinafter referred to as "taxable ton," to the
city or town in which the lands from which taconite was mined or
quarried were located or within which the concentrate was
produced. If the mining, quarrying, and concentration, or
different steps in either thereof are carried on in more than
one taxing district, the commissioner shall apportion equitably
the proceeds of the part of the tax going to cities and towns
among such subdivisions upon the basis of attributing 40 percent
of the proceeds of the tax to the operation of mining or
quarrying the taconite, and the remainder to the concentrating
plant and to the processes of concentration, and with respect to
each thereof giving due consideration to the relative extent of
such operations performed in each such taxing district. His
order making such apportionment shall be subject to review by
the tax court at the instance of any of the interested taxing
districts, in the same manner as other orders of the
commissioner.
(2) 12.5 cents per taxable ton, less any amount distributed
under clause (8), paragraph (a), to the taconite municipal aid
account in the apportionment fund of the state treasury, to be
distributed as provided in section 298.282.
(3) 29 cents per taxable ton plus the increase provided in
paragraph (c) to qualifying school districts to be distributed
as follows:
(a) Six cents per taxable ton to the school districts in
which the lands from which taconite was mined or quarried were
located or within which the concentrate was produced. The
commissioner shall follow the apportionment formula prescribed
in clause (1).
(b) 23 cents per taxable ton, less any amount distributed
under part (d), shall be distributed to a group of school
districts comprised of those school districts wherein the
taconite was mined or quarried or the concentrate produced or in
which there is a qualifying municipality as defined by section
273.134 in direct proportion to school district tax levies as
follows: each district shall receive that portion of the total
distribution which its certified levy for the prior year,
computed pursuant to sections 124A.03, 124A.06, subdivision 3a,
124A.08, subdivision 3a, 124A.10, subdivision 3a, 124A.12,
subdivision 3a, 124A.14, subdivision 5a, and 275.125, comprises
of the sum of certified levies for the prior year for all
qualifying districts, computed pursuant to sections 124A.03,
124A.06, subdivision 3a, 124A.08, subdivision 3a, 124A.10,
subdivision 3a, 124A.12, subdivision 3a, 124A.14, subdivision
5a, and 275.125. For purposes of distributions pursuant to this
part, certified levies for the prior year computed pursuant to
sections 124A.03, 124A.06, subdivision 3a, 124A.08, subdivision
3a, 124A.10, subdivision 3a, 124A.12, subdivision 3a, 124A.14,
subdivision 5a, and 275.125 shall not include the amount of any
increased levy authorized by referendum pursuant to section
124A.03, subdivision 2.
(c) On July 15, in years prior to 1988, an amount equal to
the increase derived by increasing the amount determined by
clause (3)(b) in the same proportion as the increase in the
steel mill products index over the base year of 1977 as provided
in section 298.24, subdivision 1, clause (a), shall be
distributed to any school district described in clause (3)(b)
where a levy increase pursuant to section 124A.03, subdivision
2, is authorized by referendum, according to the following
formula. On July 15, 1988 and subsequent years, the increase
over the amount established for the prior year shall be
determined according to the increase in the implicit price
deflator as provided in section 298.24, subdivision 1, paragraph
(a). Each district shall receive the product of:
(i) $150 times the pupil units identified in section
124.17, subdivision 1, clauses (1) and (2), enrolled in the
second previous school year, less the product of two mills times
the district's taxable valuation in the second previous year;
times
(ii) the lesser of:
(A) one, or
(B) the ratio of the amount certified pursuant to section
124A.03, subdivision 2, in the previous year, to the product of
two mills times the district's taxable valuation in the second
previous year.
If the total amount provided by clause (3)(c) is
insufficient to make the payments herein required then the
entitlement of $150 per pupil unit shall be reduced uniformly so
as not to exceed the funds available. Any amounts received by a
qualifying school district in any fiscal year pursuant to clause
(3)(c) shall not be applied to reduce foundation aids which the
district is entitled to receive pursuant to section 124A.02 or
the permissible levies of the district. Any amount remaining
after the payments provided in this paragraph shall be paid to
the commissioner of finance who shall deposit the same in the
taconite environmental protection fund and the northeast
Minnesota economic protection trust fund as provided in section
298.28, subdivision 1, clause 10.
(d) There shall be distributed to any school district the
amount which the school district was entitled to receive under
section 298.32 in 1975.
(4) 19.5 cents per taxable ton to counties to be
distributed as follows:
(a) 15.5 cents per taxable ton shall be distributed to the
county in which the taconite is mined or quarried or in which
the concentrate is produced, less any amount which is to be
distributed pursuant to part (b). The commissioner shall follow
the apportionment formula prescribed in clause (1).
(b) If an electric power plant owned by and providing the
primary source of power for a taxpayer mining and concentrating
taconite is located in a county other than the county in which
the mining and the concentrating processes are conducted, one
cent per taxable ton of the tax distributed to the counties
pursuant to part (a) and imposed on and collected from such
taxpayer shall be distributed by the commissioner of revenue to
the county in which the power plant is located.
(c) Four cents per taxable ton shall be paid to the county
from which the taconite was mined, quarried or concentrated to
be deposited in the county road and bridge fund. If the mining,
quarrying and concentrating, or separate steps in any of those
processes are carried on in more than one county, the
commissioner shall follow the apportionment formula prescribed
in clause (1).
(5) (a) 17.75 cents per taxable ton, less any amount
required to be distributed under part (b), to the taconite
property tax relief account in the apportionment fund in the
state treasury, to be distributed as provided in sections
273.134 to 273.136.
(b) If an electric power plant owned by and providing the
primary source of power for a taxpayer mining and concentrating
taconite is located in a county other than the county in which
the mining and the concentrating processes are conducted, .75
cent per taxable ton of the tax imposed and collected from such
taxpayer shall be distributed by the commissioner of revenue to
the county and school district in which the power plant is
located as follows: 25 percent to the county and 75 percent to
the school district.
(6) One cent per taxable ton to the state for the cost of
administering the tax imposed by section 298.24.
(7) Three cents per taxable ton shall be deposited in the
state treasury to the credit of the iron range resources and
rehabilitation board account in the special revenue fund for the
purposes of section 298.22. The amount determined in this
clause shall be increased in 1981 and subsequent years prior to
1988 in the same proportion as the increase in the steel mill
products index as provided in section 298.24, subdivision 1 and
shall be increased in 1988 and subsequent years according to the
increase in the implicit price deflator as provided in section
298.24, subdivision 1. The amount distributed pursuant to this
clause shall be expended within or for the benefit of a tax
relief area defined in section 273.134. No part of the fund
provided in this clause may be used to provide loans for the
operation of private business unless the loan is approved by the
governor and the legislative advisory commission.
(8) (a) .20 cent per taxable ton shall be paid to the range
association of municipalities and schools, for the purpose of
providing an area wide approach to problems which demand
coordinated and cooperative actions and which are common to
those areas of northeast Minnesota affected by operations
involved in mining iron ore and taconite and producing
concentrate therefrom, and for the purpose of promoting the
general welfare and economic development of the cities, towns
and school districts within the iron range area of northeast
Minnesota.
(b) 1.5 cents per taxable ton shall be paid to the
northeast Minnesota economic protection trust fund.
(9) the amounts determined under clauses (4)(a), (4)(c),
(5), and (8)(b) shall be increased in 1979 and subsequent years
prior to 1988 in the same proportion as the increase in the
steel mill products index as provided in section 298.24,
subdivision 1. Those amounts shall be increased in 1988 and
subsequent years in the same proportion as the increase in the
implicit price deflator as provided in section 298.24,
subdivision 1.
(10) the proceeds of the tax imposed by section 298.24
which remain after the distributions in clauses (1) to (9) and
parts (a) and (b) of this clause have been made shall be divided
between the taconite environmental protection fund created in
section 298.223 and the northeast Minnesota economic protection
trust fund created in section 298.292 as follows: Two-thirds to
the taconite environmental protection fund and one-third to the
northeast Minnesota economic protection trust fund. The
proceeds shall be placed in the respective special accounts in
the general fund.
(a) There shall be distributed to each city, town, school
district, and county the amount that they received under section
294.26 in calendar year 1977; provided, however, that the amount
distributed in 1981 to the unorganized territory number 2 of
Lake County and the town of Beaver Bay based on the
between-terminal trackage of Erie Mining Company will be
distributed in 1982 and subsequent years to the unorganized
territory number 2 of Lake County and the towns of Beaver Bay
and Stony River based on the miles of track of Erie Mining
Company in each taxing district.
(b) There shall be distributed to the iron range resources
and rehabilitation board the amounts it received in 1977 under
section 298.22.
On or before October 10 of each calendar year each producer
of taconite or iron sulphides subject to taxation under section
298.24 (hereinafter called "taxpayer") shall file with the
commissioner of revenue an estimate of the amount of tax which
would be payable by such taxpayer under said law for such
calendar year; provided such estimate shall be in an amount not
less than the amount due on the mining and production of
concentrates up to September 30 of said year plus the amount
becoming due because of probable production between September 30
and December 31 of said year, less any credit allowable as
hereinafter provided. The commissioner of revenue shall
annually on or before October 10 report an estimated
distribution amount to each taxing district and the officers
with whom such report is so filed shall use the amount so
indicated as being distributable to each taxing district in
computing the permissible tax levy of such county or city in the
year in which such estimate is made, and payable in the next
ensuing calendar year, except that one cent per taxable ton of
the amount distributed under clause (4)(c) shall not be deducted
in calculating the permissible levy. In any calendar year in
which a general property tax levy subject to sections 275.50 to
275.59 has been made, if the taxes distributable to any such
county or city are greater than the amount estimated by the
commissioner to be paid to any such county or city in such year,
the excess of such distribution shall be held in a special fund
by the county or city and shall not be expended until the
succeeding calendar year, and shall be included in computing the
permissible levies under sections 275.50 to 275.59, of such
county or city payable in such year. If the amounts
distributable to any such county or city after final
determination by the commissioner of revenue under this section
are less than the amounts by which a taxing district's levies
were reduced pursuant to this section, such county or city may
issue certificates of indebtedness in the amount of the
shortage, and may include in its next tax levy, in excess of the
limitations of sections 275.50 to 275.59 an amount sufficient to
pay such certificates of indebtedness and interest thereon, or,
if no certificates were issued, an amount equal to such shortage.
There is hereby annually appropriated to such taxing
districts as are stated herein, to the taconite property tax
relief account and to the taconite municipal aid account in the
apportionment fund in the state treasury, to the department of
revenue, to the iron range resources and rehabilitation board,
to the range association of municipalities and schools, to the
taconite environmental protection fund, and to the northeast
Minnesota economic protection trust fund, from any fund or
account in the state treasury to which the money was credited,
an amount sufficient to make the payment or transfer. The
payment of the amount appropriated to such taxing districts
shall be made by the commissioner of revenue on or before May 15
annually.
Sec. 24. Minnesota Statutes 1984, section 299.01,
subdivision 1, is amended to read:
Subdivision 1. There shall be levied and collected upon
all royalty received during each calendar year for permission to
explore, mine, take out and remove ore other than taconite,
semi-taconite and iron sulphides from land in this state, a tax
of 15.5 15 percent after December 31, 1971.
Sec. 25. Minnesota Statutes 1984, section 299.012,
subdivision 1, is amended to read:
Subdivision 1. For the purpose of increasing the
utilization of low grade, underground, and high labor cost ores
and taconites, the royalty tax levied by virtue of section
299.01, subdivisions 1 and 2, on royalty received because of the
production of ores in any calendar year from land forming part
of any mine which was in production during said year, shall be
reduced by a credit in an amount which will make the net
effective tax rate thereon equal to the net effective rate of
the occupation tax imposed pursuant to section 298.01, because
of the production of ores during such calendar year from the
mine of which such land forms a part, after the application of
the credits against such occupation tax allowed under section
298.02; provided, if such mine produced ore in such calendar
year, but the ore produced had no valuation for occupation tax
purposes because of the allowable deductions equaling or
exceeding the value of the ore produced, the credit allowed
hereunder shall be three-fourths of eleven percent, as applied
to underground, taconite, semi-taconite and other iron ore
operations, and six-tenths of eleven percent as applied to all
other operations, of the royalty received. Any person making
payments of royalty taxes in advance of the final determination
of such taxes, may assume for the purposes of section 299.08,
that the net rate of the tax for the calendar year in question
shall be the last full year's net effective occupation tax rate
known at the time of the first payment of royalty tax during the
current calendar year.
Sec. 26. Minnesota Statutes 1984, section 473H.10,
subdivision 3, is amended to read:
Subd. 3. (a) After the assessor has determined the market
value of all land valued according to subdivision 2, he shall
compute the assessed value of those properties by applying the
appropriate classification percentages. When the county auditor
computes the rate of tax pursuant to section 275.08, he shall
include the assessed value of land as provided in this clause.
(b) The county auditor shall compute the tax on lands
valued according to subdivision 2 and nonresidential buildings
by multiplying the assessed value times the total rate of tax
for all purposes as provided in clause (a).
(c) The county auditor shall then compute the maximum ad
valorem property tax on lands valued according to subdivision 2
and nonresidential buildings by multiplying the assessed value
times 105 percent of the previous year's statewide average mill
rate levied on property located within townships for all
purposes.
(d) The tax due and payable by the owner of preserve land
valued according to subdivision 2 and nonresidential buildings
will be the amount determined in clause (b) or (c), whichever is
less. If the gross tax in clause (c) is less than the gross tax
in clause (b), the state shall reimburse the taxing
jurisdictions for the amount of difference. Residential
buildings shall continue to be valued and classified according
to the provisions of sections 273.11 and 273.13, as they would
be in the absence of this section, and the tax on those
buildings shall not be subject to the limitation contained in
this clause.
The county auditor shall certify to the commissioner of
revenue on or before June 1 the total amount of tax lost to the
taxing jurisdictions located within his county as a result of
this subdivision. Payments shall be made by the state annually
on or before July 15 as provided in section 273.13, subd. 15a to
each of the affected taxing jurisdictions. There is annually
appropriated from the general fund in the state treasury to the
commissioner of revenue an amount sufficient to make the
reimbursement provided in this subdivision.
Sec. 27. Minnesota Statutes 1984, section 508.47,
subdivision 4, is amended to read:
Subd. 4. [SURVEY; REQUISITES; FILING; COPIES.] The
registered land survey shall correctly show the legal
description of the parcel of unplatted land represented by said
registered land survey and the outside measurements of the
parcel of unplatted land and of all tracts delineated therein,
the direction of all lines of said tracts to be shown by angles
or bearings or other relationship to the outside lines of said
registered land survey, and the surveyor shall place stakes in
the ground at appropriate corners, and all tracts shall be
lettered consecutively beginning with the letter "A". None of
said tracts or parts thereof may be dedicated to the public by
said registered land survey. Except in counties having
microfilming capabilities, a reproduction copy of the registered
land survey shall be delivered to the county auditor. The
registered land survey shall be on paper, mounted on cloth,
shall be a black on white drawing, the scale to be not smaller
than one inch equals 200 feet, and shall be certified to be a
correct representation of said parcel of unplatted land by a
registered surveyor. The mounted drawing shall be exactly 17
inches by 14 inches and not less than 2 1/2 inches of the 14
inches shall be blank for binding purposes, and such survey
shall be filed in triplicate with the registrar of titles upon
the payment of a fee of $15. Before filing, however, any such
survey shall be approved in the manner required for the approval
of subdivision plats, which approval shall be endorsed thereon
or attached thereto.
At the time of filing, a certificate from the treasurer
that current taxes have been paid must be presented before the
survey is accepted by the registrar for filing.
In counties having microfilming capabilities, the survey
may be prepared on sheets of suitable mylar or on linen tracing
cloth by photographic process or on material of equal quality.
Notwithstanding any provisions of subdivision 5 to the contrary,
no other copies of the survey need be filed.
The registrar shall furnish to any person a copy of said
registered land survey, duly certified by him, for a fee of
$7.50, which shall be admissible in evidence.
Sec. 28. Minnesota Statutes 1984, section 508.71,
subdivision 4, is amended to read:
Subd. 4. [REGISTRATION OF MEMORIALS.] Without order of
court or directive of the examiner, the registrar of titles may
receive and register as memorials upon any certificate of title
to which they pertain, the following instruments: receipt or
certificate of county treasurer showing redemption from any tax
sale or payment of any tax described in a certificate of title,
a state deed issued to purchaser of tax forfeited land, a
certified copy of a marriage certificate showing the subsequent
marriage of any owner shown by a certificate of title to be
unmarried, a certified copy of a final decree of divorce or
dissolution of a marriage entered in the state of Minnesota, or
in any state, territory or possession of the United States, or
the District of Columbia to establish the dissolution of a
marriage relationship of any party shown on the certificate to
be married, and a certified copy of the death certificate of
party listed in any certificate of title as being the spouse of
the registered owner when accompanied by an affidavit
satisfactory to the registrar identifying the decedent with the
spouse. In all subsequent dealings with the land covered by the
certificates, the registrar shall give full faith to these
memorials.
Sec. 29. Minnesota Statutes 1984, section 559.21, is
amended by adding a subdivision to read:
Subd. 8. [APPLICATION.] The provisions of this section
relating to payment of mortgage registration tax as a
requirement of the cancellation process only apply to those
contracts for deed subject to payment of mortgage registration
tax at time of recording.
Sec. 30. [REPEALER.]
(a) Minnesota Statutes 1984, sections 298.01, subdivision
2; and 299.01, subdivision 2, are repealed.
(b) Minnesota Statutes 1984, section 477A.04 is repealed.
Sec. 31. [EFFECTIVE DATE.]
Sections 1 to 8 and 10 to 12 are effective for taxes levied
in 1985 and thereafter, payable in 1986 and thereafter.
Sections 9, 13 to 19 and 26 to 29, are effective the day after
final enactment. Sections 20 to 25 and 30, paragraph (a), are
effective for ores produced after December 31, 1984.
Approved June 5, 1985
Official Publication of the State of Minnesota
Revisor of Statutes