Minnesota Session Laws - 1985, Regular Session

  

                         Laws of Minnesota 1985 

                         CHAPTER 47-S.F.No. 70 
           An act relating to real property; local and 
          metropolitan government; transportation; providing for 
          acquisition and relocation assistance in cases of 
          hardship to owners of homestead property located in a 
          proposed state highway right-of-way; amending 
          Minnesota Statutes 1984, section 473.167, subdivision 
          3, and by adding a subdivision. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1984, section 473.167, is 
amended by adding a subdivision to read: 
    Subd. 2a.  [HARDSHIP ACQUISITION AND RELOCATION.] (a) The 
council may make hardship loans to acquiring authorities within 
the metropolitan area to purchase homestead property located in 
a proposed state trunk highway right-of-way or project, and to 
provide relocation assistance.  Acquiring authorities are 
authorized to accept the loans and to acquire the property. 
Except as provided in this subdivision, the loans shall be made 
as provided in subdivision 2.  Loans shall be in the amount of 
the appraised fair market value of the homestead property plus 
relocation costs and less salvage value.  Before construction of 
the highway begins, the acquiring authority shall convey the 
property to the commissioner of transportation at the same price 
it paid, plus relocation costs and less its salvage value. 
Acquisition and assistance under this subdivision must conform 
to sections 117.50 to 117.56.  
    (b) The council may make hardship loans only when: 
    (1) the owner of affected homestead property requests 
acquisition and relocation assistance from an acquiring 
authority; 
    (2) federal or state financial participation is not 
available; 
    (3) the owner is unable to sell the homestead property at 
its appraised market value because the property is located in a 
proposed state trunk highway right-of-way or project as 
indicated on an official map or plat adopted under sections 
160.085, 394.361, or 462.359; 
    (4) the appraisal of the fair market value of the homestead 
property has been approved by the council.  The council's 
approval shall not be unreasonably withheld; and 
    (5) the owner of the homestead property is burdened by 
circumstances that constitute a hardship, such as catastrophic 
medical expenses; a transfer of the homestead owner by his or 
her employer to a distant site of employment; or inability of 
the owner to maintain the property due to physical or mental 
disability or the permanent departure of children from the 
homestead.  
    (c) For purposes of this subdivision, the following terms 
have the meanings given them. 
    (1) "Acquiring authority" means counties, towns, and 
statutory and home rule charter cities in the metropolitan area. 
    (2) "Homestead property" means a single-family dwelling 
occupied by the owner, and the surrounding land, not exceeding a 
total of ten acres. 
    (3) "Salvage value" means the probable sale price of the 
dwelling and other property that is severable from the land if 
offered for sale on the condition that it be removed from the 
land at the buyer's expense, allowing a reasonable time to find 
a buyer with knowledge of the possible uses of the property, 
including separate use of serviceable components and scrap when 
there is no other reasonable prospect of sale. 
    Sec. 2.  Minnesota Statutes 1984, section 473.167, 
subdivision 3, is amended to read: 
    Subd. 3.  [TAX.] The council may levy a tax on all taxable 
property in the metropolitan area, as defined in section 
473.121, to provide funds for loans made pursuant to subdivision 
subdivisions 2 and 2a.  The tax shall be certified by the 
council, levied, and collected in the manner provided by section 
473.08.  The tax shall be in addition to that authorized by 
section 473.249 and any other law and shall not affect the 
amount or rate of taxes which may be levied by the council or 
any metropolitan agency or local governmental unit.  The amount 
of the levy shall be as determined and certified by the council, 
except as otherwise provided in this subdivision.  The tax shall 
not be levied at a rate higher than five one-hundredths of one 
mill.  The tax shall not be levied at a rate higher than that 
determined by the council to be sufficient, considering the 
other anticipated revenues of and disbursements from the loan 
fund, to produce a balance in the loan fund at the end of the 
next calendar year equal to twice the amount that a tax levy of 
five one-hundredths of a mill would raise in that year. 
    Sec. 3.  [AFFECTED COUNTIES.] 
    Sections 1 and 2 are effective only in the counties of 
Anoka, Carver, Dakota excluding the city of Northfield, Hennepin 
excluding the city of Hanover, Ramsey, Scott excluding the city 
of New Prague, and Washington. 
    Approved April 29, 1985