HF 2302

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:01am

A bill for an act
relating to natural resources; restricting conservation easements in certain
conditions; modifying the time period to implement local water plans; amending
Minnesota Statutes 2008, sections 84C.02; 103B.235, subdivision 4; 103B.325,
subdivision 3.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2008, section 84C.02, is amended to read:

84C.02 CREATION, CONVEYANCE, ACCEPTANCE, AND DURATION.

(a) Except as otherwise provided in this chapter, a conservation easement may be
created, conveyed, recorded, assigned, released, modified, terminated, or otherwise altered
or affected in the same manner as other easements.

(b) No right or duty in favor of or against a holder and no right in favor of a person
having a third-party right of enforcement arises under a conservation easement before its
acceptance by the holder and a recordation of the acceptance.

(c) Except as provided in section 84C.03, clause (b), a conservation easement is
unlimited in duration unless the instrument creating it otherwise provides.

(d) An interest in real property in existence at the time a conservation easement is
created is not impaired by it unless the owner of the interest is a party to the conservation
easement or consents to it.

new text begin (e) A person shall not be required to convey a conservation easement as a condition
of state agency or local government approval to separate an area, parcel, or tract of land
that is under single ownership into two or more parcels, tracts, lots, or long-term leasehold
interests.
new text end

Sec. 2.

Minnesota Statutes 2008, section 103B.235, subdivision 4, is amended to read:

Subd. 4.

Adoption and implementation.

After approval of the local plan by the
organization, the local government unit shall adopt and implement its plan within deleted text begin 120 days deleted text end new text begin
16 months new text end and shall amend its official controls accordingly within deleted text begin 180 days deleted text end new text begin 18 months new text end .

Sec. 3.

Minnesota Statutes 2008, section 103B.325, subdivision 3, is amended to read:

Subd. 3.

Revision and implementation.

Local units of government shall revise
existing plans and official controls to conform them to the recommendations of the county
board and shall initiate implementation of the revised plans and controls within deleted text begin 180 days deleted text end new text begin
18 months new text end after receiving the recommendations of the county board, or deleted text begin 180 days deleted text end new text begin 18
months new text end after resolution of an appeal, whichever is later.