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Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                             CHAPTER 41-H.F.No. 915 
                  An act relating to transportation; modifying 
                  provisions relating to aeronautics; making clarifying 
                  changes; amending Minnesota Statutes 2004, sections 
                  360.305, subdivision 4; 360.55, subdivisions 2, 3, 4, 
                  4a; 360.58; 360.59, subdivisions 2, 5, 7, 8; 360.63, 
                  subdivision 2; 360.67, subdivision 4; 394.22, 
                  subdivision 12; 394.361, subdivisions 1, 3; 462.352, 
                  subdivision 10; 462.355, subdivision 4; 462.359, 
                  subdivisions 1, 3; repealing Minnesota Statutes 2004, 
                  section 360.59, subdivisions 4, 9. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2004, section 360.305, 
        subdivision 4, is amended to read: 
           Subd. 4.  [COSTS ALLOCATED; LOCAL CONTRIBUTION; HANGAR 
        CONSTRUCTION ACCOUNT.] (a) Except as otherwise provided in this 
        subdivision, the commissioner of transportation shall require as 
        a condition of assistance by the state that the political 
        subdivision, municipality, or public corporation make a 
        substantial contribution to the cost of the construction, 
        improvement, maintenance, or operation of the airport, in 
        connection with which the assistance of the state is sought.  
        These costs are referred to as project costs.  
           (b) For any airport, whether key, intermediate, or landing 
        strip, where only state and local funds are to be used, the 
        contribution shall be not less than one-fifth of the sum of: 
           (1) the project costs; 
           (2) acquisition costs of the land and clear zones, which 
        are referred to as acquisition costs. 
           (c) For any airport where federal, state, and local funds 
        are to be used, the contribution shall not be less than five 
        percent of the sum of the project costs and acquisition costs. 
           (d) The commissioner may pay the total cost of radio and 
        navigational aids. 
           (e) Notwithstanding paragraph (b) or (c), the commissioner 
        may pay all of the project costs of a new landing strip, but not 
        an intermediate airport or key airport, or may pay an amount 
        equal to the federal funds granted and used for a new landing 
        strip plus all of the remaining project costs; but the total 
        amount paid by the commissioner for the project costs of a new 
        landing strip, unless specifically authorized by an act 
        appropriating funds for the new landing strip, shall not exceed 
        $200,000. 
           (f) Notwithstanding paragraph (b) or (c), the commissioner 
        may pay all the project costs for research and development 
        projects, including, but not limited to noise abatement; 
        provided that in no event shall the sums expended under this 
        paragraph exceed five percent of the amount appropriated for 
        construction grants.  
           (g) To receive aid under this section for project costs or 
        for acquisition costs, the municipality must enter into an 
        agreement with the commissioner giving assurance that the 
        airport will be operated and maintained in a safe, serviceable 
        manner for aeronautical purposes only for the use and benefit of 
        the public: 
           (1) for 20 years after the date that any state funds for 
        project costs are received by the municipality; and 
           (2) for 99 years after the date that any state funds for 
        acquisition costs are received by the municipality.  If any land 
        acquired with state funds ceases to be used for aviation 
        purposes, the municipality shall repay the state airports fund 
        the same percentage of the appraised value of the property as 
        that percentage of the costs of acquisition and participation 
        provided by the state to acquire the land. 
        The agreement may contain other conditions as the commissioner 
        deems reasonable. 
           (h) The commissioner shall establish a hangar construction 
        revolving account, which shall be used for the purpose of 
        financing the construction of hangar buildings to be constructed 
        by municipalities owning airports.  All municipalities owning 
        airports are authorized to enter into contracts for the 
        construction of hangars, and contracts with the commissioner for 
        the financing of hangar construction for an amount and period of 
        time as may be determined by the commissioner and municipality.  
        All receipts from the financing contracts shall be deposited in 
        the hangar construction revolving account and are reappropriated 
        for the purpose of financing construction of hangar buildings.  
        The commissioner may pay from the hangar construction revolving 
        account 80 percent of the cost of financing construction of 
        hangar buildings.  For purposes of this clause paragraph, the 
        construction of hangars shall include their design.  The 
        commissioner shall transfer up to $4,400,000 from the state 
        airports fund to the hangar construction revolving account. 
           (i) The commissioner may pay a portion of the purchase 
        price of any airport maintenance and safety equipment and of the 
        actual airport snow removal costs incurred by any municipality.  
        The portion to be paid by the state shall not exceed two-thirds 
        of the cost of the purchase price or snow removal.  To receive 
        aid a municipality must enter into an agreement of the type 
        referred to in paragraph (g). 
           (j) This subdivision shall apply applies only to project 
        costs or acquisition costs of municipally owned airports which 
        are incurred after June 1, 1971. 
           Sec. 2.  Minnesota Statutes 2004, section 360.55, 
        subdivision 2, is amended to read: 
           Subd. 2.  [TRANSACTING OFFICIAL BUSINESS.] Aircraft owned 
        and used solely in the transaction of official business by 
        representatives of foreign powers, by the federal government, or 
        by the state or any municipality thereof shall be are exempt 
        from the provisions of sections 360.54 to 360.67 requiring the 
        payment of a tax, but all such aircraft, except those owned by 
        representatives of foreign powers or by the federal government, 
        shall must be registered as required by sections 360.54 to 
        360.67 and shall display tax-exempt number plates, labels, or 
        stamps furnished by the commissioner at cost.  The exemption 
        herein provided shall does not apply to any aircraft except 
        those owned by representatives of foreign powers or by the 
        federal government and except such those aircraft as may be used 
        in general police work, unless the name of the state department 
        or the municipality owning such the aircraft shall be is plainly 
        printed on both sides thereof in letters of a size and character 
        to be prescribed by the commissioner. 
           Sec. 3.  Minnesota Statutes 2004, section 360.55, 
        subdivision 3, is amended to read: 
           Subd. 3.  [CIVIL AIR PATROL.] Any aircraft owned and used 
        solely in the transaction of official business by any unit of 
        the civil air patrol created by Public Law 476, 79th Congress, 
        Public Law 557, 80th Congress, or acts amendatory thereto, 
        whether or not the title to such the aircraft is retained by the 
        federal government or vested in such unit unconditionally, shall 
        be is exempt from the provisions of sections 360.54 to 360.57 
        requiring the payment of tax, but all such aircraft shall must 
        be registered as required by sections 360.54 to 360.57 and shall 
        display tax-exempt number plates, labels or stamps furnished by 
        the commissioner at cost. 
           Sec. 4.  Minnesota Statutes 2004, section 360.55, 
        subdivision 4, is amended to read: 
           Subd. 4.  [COLLECTOR'S AIRCRAFT; SPECIAL PLATES.] (a) For 
        purposes of this subdivision: 
           (1) "antique aircraft" means an aircraft constructed by the 
        original manufacturer, or its licensee, on or before December 
        31, 1945, with the exception of certain pre-World War II 
        aircraft models that had only a small post-war production, such 
        as Beechcraft Staggerwing, Fairchild 24, and Monocoupe; and 
           (2) "classic aircraft" means an aircraft constructed by the 
        original manufacturer, or its licensee, on or after January 1, 
        1946, and has a first year of life that precedes the date of 
        registration by at least 50 years. 
           (b) If an antique or classic aircraft is owned and operated 
        solely as a collector's item, its owner may list it for taxation 
        and registration as follows:  A sworn affidavit shall must be 
        executed stating (1) the name and address of the owner, (2) the 
        name and address of the person from whom purchased, (3) the 
        aircraft's make of the aircraft, year and, model number of the 
        aircraft, the federal aircraft registration number, the and 
        manufacturer's identification number, and (4) that the aircraft 
        is owned and operated solely as a collector's item and not for 
        general transportation or commercial operations purposes.  The 
        affidavit shall must be filed with the commissioner along with a 
        fee of $25.  
           (c) Upon satisfaction that the affidavit is true and 
        correct, the commissioner shall issue to the applicant special 
        number plates, decalcomania labels, or stamps bearing the 
        inscription "Classic" or "Antique," "Minnesota" and the 
        registration number but no date a registration certificate.  The 
        special number plates, decalcomania labels, or stamps 
        are registration certificate is valid without renewal as long as 
        the owner operates the aircraft solely as a collector's item. 
           (d) Should an antique or classic aircraft be operated other 
        than as a collector's item, the special number plates, 
        decalcomania labels, or stamps shall be registration certificate 
        becomes void and removed, and the owner shall list the aircraft 
        for taxation and registration in accordance with the other 
        provisions of sections 360.511 to 360.67.  
           (e) Upon the sale of an antique or classic aircraft, the 
        new owner must list the aircraft for taxation and registration 
        in accordance with the provisions of this subdivision, including 
        the payment of a $25 fee to obtain new special plates or payment 
        of a $5 fee to retain and transfer the existing special plates 
        registration to the name of the new owner, or the other 
        provisions of sections 360.511 to 360.67, whichever is 
        applicable. 
           (f) In the event of defacement, loss, or destruction of the 
        special number plates, decalcomania labels, or 
        stamps registration certificate, and upon receiving and filing a 
        sworn affidavit of the aircraft owner setting forth the 
        circumstances, together with any defaced plates, labels, or 
        stamps and a fee of $5, the commissioner shall issue a 
        replacement plates, labels, or stamps certificate.  The 
        commissioner shall note on the records the issue of replacement 
        number and shall proceed to cancel the original plates, labels, 
        or stamps. 
           Sec. 5.  Minnesota Statutes 2004, section 360.55, 
        subdivision 4a, is amended to read: 
           Subd. 4a.  [RECREATIONAL AIRCRAFT; CLASSIC LICENSE.] (a) An 
        aircraft that has a base price for tax purposes under section 
        360.531 of $10,000 or less, and that is owned and operated 
        solely for recreational purposes, may be listed for taxation and 
        registration by executing a sworn affidavit stating (1) the name 
        and address of the owner, (2) the name and address of the person 
        from whom purchased, (3) the aircraft's make, year, model 
        number, federal aircraft registration number, and manufacturer's 
        identification number, and (4) that the aircraft is owned and 
        operated solely as a recreational aircraft and not for 
        commercial operational purposes.  The affidavit must be filed 
        with the commissioner along with an annual $25 fee. 
           (b) On being satisfied that the affidavit is true and 
        correct, the commissioner shall issue to the applicant a decal 
        registration certificate.  
           (c) Should the aircraft be operated other than as a 
        recreational aircraft, the owner shall list the aircraft for 
        taxation and registration and pay the appropriate registration 
        fee under sections 360.511 to 360.67.  
           (d) If the aircraft is sold, the new owner shall list the 
        aircraft for taxation and registration under this subdivision, 
        including the payment of the annual $25 fee, or under sections 
        360.511 to 360.67, whichever is applicable. 
           Sec. 6.  Minnesota Statutes 2004, section 360.58, is 
        amended to read: 
           360.58 [OPERATION WITHOUT REGISTRATION OR PAYMENT.] 
           No aircraft Except as exempted by sections 360.54 and 
        360.55, a person shall not use or be operated operate an 
        aircraft in the air space over this state or upon any of the 
        airports thereof in the tax period of January 1, 1966, to and 
        including June 30, 1967, or in any fiscal year thereafter of 
        this state until it shall have the aircraft has been registered 
        as required in sections 360.54 to 360.67 and the aircraft tax 
        and fees herein provided shall have been paid and the number 
        plates, labels, or stamps issued therefor shall be duly 
        displayed on such aircraft.  A purchaser of a new aircraft may 
        operate the aircraft without such plates, labels, or stamps upon 
        securing from the commissioner, or any person designated by the 
        commissioner for that purpose, a permit to operate such aircraft 
        pending the issuance of plates, such permit shall be valid for 
        not more than 15 days.  
           Sec. 7.  Minnesota Statutes 2004, section 360.59, 
        subdivision 2, is amended to read: 
           Subd. 2.  [AGENT OR LIENOR MAY LIST.] Any act required 
        herein of an owner may be performed in the owner's behalf by a 
        duly authorized agent.  Any person having a lien upon, or claim 
        to, any aircraft may pay any tax due thereon to prevent the 
        penalty for delayed registration from accruing, but the 
        registration certificate and number plates shall not be issued 
        until legal ownership is definitely determined. 
           Sec. 8.  Minnesota Statutes 2004, section 360.59, 
        subdivision 5, is amended to read: 
           Subd. 5.  [COMMISSIONER TO APPROVE.] The commissioner shall 
        approve applications and issue number plates for any aircraft.  
        When an applicant is listing the same aircraft for taxation and 
        registration for the second and succeeding time the registration 
        certificate issued for the prior year need not be delivered to 
        the commissioner; but in case of a transfer or sale the 
        registration certificate therefor issued or proof of loss 
        thereof by sworn statement shall be delivered to the 
        commissioner.  The commissioner shall be satisfied from the 
        records that all taxes and fees due hereunder shall have been 
        paid, and endorsements upon said certificate or sworn proof of 
        loss in writing signed by the seller and purchaser, shall 
        furnish proof that the applicant for registration is paying or 
        receiving credit for the tax upon the aircraft of which the 
        applicant is the rightful possessor. 
           Sec. 9.  Minnesota Statutes 2004, section 360.59, 
        subdivision 7, is amended to read: 
           Subd. 7.  [TRANSFER OF OWNERSHIP.] Upon the transfer of 
        ownership,; the destruction, theft, or dismantling as such,; 
        or the permanent removal by the owner thereof from this state, 
        of any aircraft registered in accordance with the provisions of 
        sections 360.511 to 360.67, the right of the owner of such the 
        aircraft to use the registration certificate and number plates 
        assigned such the aircraft shall expire, and such certificate 
        and any existing plates shall be, by such expires.  The 
        owner, shall forthwith returned return the certificate with 
        transportation prepaid to the commissioner with a signed notice 
        of the date and manner of termination of ownership, giving the 
        name and post office address, with street and number, if in a 
        city, of the person to whom transferred; provided, however, that 
        whenever the ownership of an aircraft shall be transferred to 
        another who shall forthwith register the same in that person's 
        name, the commissioner may permit the manual delivery of such 
        plates to the new owner of such aircraft.  On becoming the owner 
        by gift, trade, or purchase of any aircraft for which a 
        registration certificate has been theretofore issued under the 
        provisions of sections 360.511 to 360.67, a person, including a 
        dealer or manufacturer, shall, within seven days after acquiring 
        ownership, join with the registered owner in transmitting with 
        an application the said registration certificate with the 
        assignment and notice of sale duly executed upon the reverse 
        side thereof, or in case of loss of such the certificate, with 
        such proof of loss by sworn statements in writing as shall be 
        satisfactory to the commissioner.  Upon the transfer of any 
        aircraft by a manufacturer or dealer, for use within the state, 
        whether by sale, lease, or otherwise, such the manufacturer or 
        dealer shall, within seven days after such the transfer, 
        transmit the transferee's application for registration thereof 
        and such.  The manufacturer or dealer shall each month file with 
        the commissioner a notice or report containing the date of 
        such the transfer, a description of such the aircraft, and the 
        name, street and number of residence, if in a city, and post 
        office address of the transferee. 
           Sec. 10.  Minnesota Statutes 2004, section 360.59, 
        subdivision 8, is amended to read: 
           Subd. 8.  [AMENDMENT, SUSPENSION, MODIFICATION, 
        REVOCATION.] All registrations and issue of number plates shall 
        be are subject to amendment, suspension, modification, or 
        revocation by the commissioner summarily for any violation of or 
        neglect to comply with the provisions of sections 360.511 to 
        360.67.  In any case where the proper registration of an 
        aircraft is dependent upon procuring information entailing such 
        delay as to unreasonably deprive the owner of the use of the 
        aircraft, the commissioner may issue a tax receipt and plates 
        conditionally.  In any case when revoking a registration for 
        cause, the commissioner shall have has the authority to demand 
        the return of the number plates and registration certificate 
        and, if necessary, to seize the number plates issued for such 
        registration. 
           Sec. 11.  Minnesota Statutes 2004, section 360.63, 
        subdivision 2, is amended to read: 
           Subd. 2.  [DEALERS' PLATES AIRCRAFT DEMONSTRATION.] Any 
        licensed aircraft dealer may apply to the commissioner for one 
        or more aircraft dealers' plates.  A charge of $15 shall be made 
        for each such plate.  Any aircraft owned by said an aircraft 
        dealer, licensed under this section, may be used for the purpose 
        of demonstration or for any purpose incident to the usual 
        conduct and operation of business as an aircraft dealer; 
        provided aircraft dealers' plates are conspicuously attached to 
        the aircraft when so used, and provided said the aircraft has 
        been first listed with the commissioner on an aircraft 
        withholding form provided by the commissioner. 
           Sec. 12.  Minnesota Statutes 2004, section 360.67, 
        subdivision 4, is amended to read: 
           Subd. 4.  [FRAUD.] Any person who: 
           (1) uses any number plates, label, or stamp or registration 
        certificate upon or in connection with any aircraft except the 
        one for which the same were duly issued, or upon any such 
        aircraft after the certificate, plates, label, or stamp or the 
        right to use the same have expired, or retains in possession or 
        fails to surrender as provided in sections 360.511 to 360.67 any 
        such number plates, label, stamp, or registration certificate; 
           (2) displays, or causes to be displayed, or has in 
        possession any canceled, revoked, suspended, or fraudulently 
        obtained or stolen registration plates, label, or stamp; 
           (3) lends the person's registration plates, label, or stamp 
        to any person or knowingly permits the use thereof by another; 
           (4) displays or represents as the person's own any 
        registration plates, label, or stamp not issued to the person; 
        provided, this shall not apply to any legal change of ownership 
        of the aircraft to which the plates, label, or stamp are 
        attached; 
           (5) uses a false or fictitious name or address or 
        description of the aircraft, engine number, or frame number in 
        any application for registration of an aircraft or knowingly 
        makes a false statement or knowingly conceals a material fact or 
        otherwise commits a fraud in any such application; or 
           (6) defaces or alters any registration certificate or 
        number plates or retains the same in possession after the same 
        have been defaced or altered, 
        shall be is guilty of a misdemeanor. 
           Sec. 13.  Minnesota Statutes 2004, section 394.22, 
        subdivision 12, is amended to read: 
           Subd. 12.  [OFFICIAL MAP.] "Official map" means a map 
        adopted in accordance with section 394.361, which may show 
        existing county roads and county state-aid highways, proposed 
        future county roads and highways, the area needed for widening 
        existing county roads and highways, and existing and future 
        state trunk highway rights-of-way.  An official map may also 
        show the location of existing public land and facilities and 
        other land needed for future public purposes, including public 
        facilities such as parks, playgrounds, schools, and other public 
        buildings, civic centers, airports, and travel service 
        facilities.  When requested in accordance with section 394.32, 
        subdivision 3, an official map may include existing and planned 
        public land uses within incorporated areas. 
           Sec. 14.  Minnesota Statutes 2004, section 394.361, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [FUTURE PUBLIC USES.] Land that is needed 
        for future street and highway purposes, or for aviation 
        purposes, and as sites for other necessary public facilities and 
        services is frequently diverted to nonpublic uses which that 
        could have been located on other lands without hardship or 
        inconvenience to the owners.  When this happens, public uses of 
        land may be denied or may be obtained later only at prohibitive 
        cost or at the expense of dislocating the owners and occupants 
        of the land.  Identification on official maps of land needed for 
        future public uses permits both the public and private property 
        owners to adjust their building plans equitably and conveniently 
        before investments are made which that will make such 
        adjustments difficult to accomplish.  
           Sec. 15.  Minnesota Statutes 2004, section 394.361, 
        subdivision 3, is amended to read: 
           Subd. 3.  [EFFECT.] After an official map has been adopted 
        and filed, the issuance of land use or zoning permits or 
        approvals by the county shall be is subject to the provisions of 
        this section.  Whenever any street or highway is widened or 
        improved or any new street is opened, or interests in lands for 
        other public purposes, including aviation purposes, are acquired 
        by the county, it is not required in such proceedings to pay for 
        any building or structure placed without a permit or approval or 
        in violation of conditions of a permit or approval within the 
        limits of the mapped street or highway or outside of any 
        building line that may have been established upon the existing 
        street or within any area thus identified for public purposes, 
        including aviation purposes.  The adoption of official maps does 
        not give the county any right, title, or interest in areas 
        identified for public purposes thereon, but the adoption of a 
        map does authorize the county to acquire such these interests 
        without paying compensation for buildings or structures erected 
        in such those areas without a permit or approval or in violation 
        of the conditions of a permit or approval.  The provisions of 
        This subdivision shall does not apply to buildings or structures 
        in existence prior to the filing of the official map. 
           Sec. 16.  Minnesota Statutes 2004, section 462.352, 
        subdivision 10, is amended to read: 
           Subd. 10.  [OFFICIAL MAP.] "Official map" means a map 
        adopted in accordance with section 462.359, which may show 
        existing and proposed future streets, roads, and highways, and 
        airports of the municipality and county, the area needed for 
        widening of existing streets, roads, and highways of the 
        municipality and county, and existing and future county state 
        aid highways and state trunk highway rights-of-way.  An official 
        map may also show the location of existing and future public 
        land and facilities within the municipality.  In counties in the 
        metropolitan area as defined in section 473.121, official maps 
        may for a period of up to five years designate the boundaries of 
        areas reserved for purposes of soil conservation, water supply 
        conservation, flood control, and surface water drainage and 
        removal, including appropriate regulations protecting such those 
        areas against encroachment by buildings, or other physical 
        structures or facilities. 
           Sec. 17.  Minnesota Statutes 2004, section 462.355, 
        subdivision 4, is amended to read: 
           Subd. 4.  [INTERIM ORDINANCE.] If a municipality is 
        conducting studies or has authorized a study to be conducted or 
        has held or has scheduled a hearing for the purpose of 
        considering adoption or amendment of a comprehensive plan or 
        official controls as defined in section 462.352, subdivision 15, 
        or if new territory for which plans or controls have not been 
        adopted is annexed to a municipality, the governing body of the 
        municipality may adopt an interim ordinance applicable to all or 
        part of its jurisdiction for the purpose of protecting the 
        planning process and the health, safety and welfare of its 
        citizens.  The interim ordinance may regulate, restrict, or 
        prohibit any use, development, or subdivision within the 
        jurisdiction or a portion thereof for a period not to exceed one 
        year from the date it is effective.  The period of an interim 
        ordinance applicable to an area that is affected by a city's 
        master plan for a municipal airport may be extended for such 
        additional periods as the municipality may deem appropriate, not 
        exceeding a total additional period of 18 months in the case 
        where the Minnesota Department of Transportation has requested a 
        city to review its master plan for a municipal airport prior to 
        August 1, 2004.  In all other cases, no interim ordinance may 
        halt, delay, or impede a subdivision which that has been given 
        preliminary approval, nor may any interim ordinance extend the 
        time deadline for agency action set forth in section 15.99 with 
        respect to any application filed prior to the effective date of 
        the interim ordinance.  The governing body of the municipality 
        may extend the interim ordinance after a public hearing and 
        written findings have been adopted based upon one or more of the 
        conditions in clause (1), (2), or (3).  The public hearing must 
        be held at least 15 days but not more than 30 days before the 
        expiration of the interim ordinance, and notice of the hearing 
        must be published at least ten days before the hearing.  The 
        interim ordinance may be extended for the following conditions 
        and durations, but, except as provided in clause (3), an interim 
        ordinance may not be extended more than an additional 18 months: 
           (1) up to an additional 120 days following the receipt of 
        the final approval or review by a federal, state, or 
        metropolitan agency when the approval is required by law and the 
        review or approval has not been completed and received by the 
        municipality at least 30 days before the expiration of the 
        interim ordinance; 
           (2) up to an additional 120 days following the completion 
        of any other process required by a state statute, federal law, 
        or court order, when the process is not completed at least 30 
        days before the expiration of the interim ordinance; or 
           (3) up to an additional one year if the municipality has 
        not adopted a comprehensive plan under this section at the time 
        the interim ordinance is enacted. 
           Sec. 18.  Minnesota Statutes 2004, section 462.359, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [STATEMENT OF PURPOSE.] Land that is needed 
        for future street purposes or for aviation purposes and as sites 
        for other necessary public facilities and services is frequently 
        diverted to nonpublic uses which that could have been located on 
        other lands without hardship or inconvenience to the owners.  
        When this happens, public uses of land may be denied or may be 
        obtained later only at prohibitive cost or at the expense of 
        dislocating the owners and occupants of the land.  
        Identification on an official map of land needed for future 
        public uses permits both the public and private property owners 
        to adjust their building plans equitably and conveniently before 
        investments are made which that will make such adjustments 
        difficult to accomplish.  
           Sec. 19.  Minnesota Statutes 2004, section 462.359, 
        subdivision 3, is amended to read: 
           Subd. 3.  [EFFECT.] After an official map has been adopted 
        and filed, the issuance of building permits by the municipality 
        shall be is subject to the provisions of this section.  Whenever 
        any street or highway is widened or improved or any new street 
        is opened, or interests in lands for other public purposes, 
        including aviation purposes, are acquired by the municipality, 
        it is not required in such proceedings to pay for any building 
        or structure placed without a permit or in violation of 
        conditions of a permit within the limits of the mapped street or 
        outside of any building line that may have been established upon 
        the existing street or within any area thus identified for 
        public purposes.  The adoption of an official map does not give 
        the municipality any right, title, or interest in areas 
        identified for public purposes thereon, but the adoption of the 
        map does authorize the municipality to acquire such interests 
        without paying compensation for buildings or structures erected 
        in such those areas without a permit or in violation of the 
        conditions of a permit.  
           Sec. 20.  [PARKING LOT LEASE.] 
           Notwithstanding any law to the contrary, the commissioner 
        of administration shall negotiate a lease with a prospective 
        tenant regarding the use for fair market value of the parking 
        lot of the state-owned building at 222 East Plato Boulevard in 
        the city of St. Paul.  Money received by reason of the lease 
        must be deposited in the state airports fund. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 21.  [REPEALER.] 
           Minnesota Statutes 2004, section 360.59, subdivisions 4 and 
        9, are repealed. 
           Presented to the governor May 6, 2005 
           Signed by the governor May 9, 2005, 10:45 p.m.