Minnesota Session Laws - 1999, Regular Session

                             CHAPTER 96-S.F.No. 854 
                  An act relating to land use; precluding the 
                  termination of lawful land uses by amortization; 
                  providing exceptions; amending Minnesota Statutes 
                  1998, sections 394.21, by adding subdivisions; and 
                  462.357, by adding subdivisions. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1998, section 394.21, is 
        amended by adding a subdivision to read: 
           Subd. 1a.  [AMORTIZATION PROHIBITED.] Except as otherwise 
        provided in this subdivision, a county, regardless of 
        population, under this chapter or under a special or local law, 
        must not enact, amend, or enforce an ordinance providing for the 
        elimination or termination of a use by amortization which use 
        was lawful at the time of its inception.  This subdivision does 
        not apply to adults-only bookstores, adults-only theaters, or 
        similar adults-only businesses, as defined by ordinance. 
           Sec. 2.  Minnesota Statutes 1998, section 394.21, is 
        amended by adding a subdivision to read: 
           Subd. 3.  [NUISANCE.] Subdivision 1a does not prohibit a 
        county from enforcing an ordinance providing for the prevention 
        or abatement of nuisances, as defined in section 561.01, or 
        eliminating a use determined to be a public nuisance, as defined 
        in section 617.81, subdivision 2, paragraph (a), clauses (1) to 
        (9), without payment of compensation. 
           Sec. 3.  Minnesota Statutes 1998, section 462.357, is 
        amended by adding a subdivision to read: 
           Subd. 1c.  [AMORTIZATION PROHIBITED.] Except as otherwise 
        provided in this subdivision, a municipality must not enact, 
        amend, or enforce an ordinance providing for the elimination or 
        termination of a use by amortization which use was lawful at the 
        time of its inception.  This subdivision does not apply to 
        adults-only bookstores, adults-only theaters, or similar 
        adults-only businesses, as defined by ordinance. 
           Sec. 4.  Minnesota Statutes 1998, section 462.357, is 
        amended by adding a subdivision to read: 
           Subd. 1d.  [NUISANCE.] Subdivision 1c does not prohibit a 
        municipality from enforcing an ordinance providing for the 
        prevention or abatement of nuisances, as defined in section 
        561.01, or eliminating a use determined to be a public nuisance, 
        as defined in section 617.81, subdivision 2, paragraph (a), 
        clauses (1) to (9), without payment of compensation. 
           Sec. 5.  [EXCEPTIONS.] 
           (a) Notwithstanding section 3, the city of St. Louis Park 
        may enforce ordinance number 2039-95, amending the city code 
        adding section 14:7-4.1 (1995), adopted by the city on October 
        2, 1995, relating to the amortization of a nonconforming 
        ready-mix facility. 
           (b) This act does not apply to an ordinance that is the 
        subject of an action commenced on or before January 1, 1999, to 
        amortize a specific land use.  Such an ordinance may be enforced 
        only with regard to the specific use that is the subject of the 
        action and only as determined by the court or by the parties in 
        an agreement to settle the action. 
           (c) A city that is a party to an action commenced on or 
        before January 1, 1999, to eliminate a land use, may enact and 
        enforce an amortization of use ordinance to eliminate the land 
        use that is the subject of the action. 
           Sec. 6.  [EFFECTIVE DATE.] 
           Sections 1 to 4, and 5, paragraphs (b) and (c), are 
        effective the day after their final enactment.  Section 5, 
        paragraph (a) is effective the day following final enactment 
        without local approval, as provided in Minnesota Statutes, 
        section 645.023. 
           Presented to the governor April 20, 1999 
           Signed by the governor April 23, 1999, 11:50 a.m.