1998 Minnesota Statutes

     473H.05 Application; covenant agreement. 

    Subdivision 1.    Before March 1 for next year's taxes.  
 An owner or owners of certified long term agricultural land may 
 apply to the authority with jurisdiction over the land on forms 
 provided by the commissioner of agriculture for the creation of 
 an agricultural preserve at any time.  If the land to be placed 
 in a preserve is registered property, the owner shall submit the 
 owner's duplicate certificate of title together with the 
 application.  Land for which application is received prior to 
 March 1 of any year shall be assessed pursuant to section 
 473H.10 for taxes payable in the following year.  Land for which 
 application is received on or after March 1 of any year shall be 
 assessed pursuant to section 473H.10 in the following year.  The 
 application shall contain at least the following information and 
 such other information as the commissioner deems necessary: 

    (a) Legal description of the area proposed to be designated 
 and parcel identification numbers if so designated by the county 
 auditor; 

    (b) Name and address of owner; 

    (c) An affidavit by the authority evidencing that the land 
 is certified long term agricultural land at the date of 
 application; 

    (d) A witnessed signature of the owner covenanting that the 
 land shall be kept in agricultural use, and shall be used in 
 accordance with the provisions of sections 473H.02 to 473H.17 
 which exist on the date of application; 

    (e) A statement that the restrictive covenant shall be 
 binding on the owner or the owner's successor or assignee, and 
 shall run with the land.  

    Subd. 2.    May be fee.  The authority may require an 
 application fee, not to exceed $50, to defray administrative 
 costs.  

    Subd. 3.    Registered property.  In the case of 
 registered property, the applicant shall submit the owner's 
 duplicate certificate at the time the application is made to the 
 authority.  The county recorder shall memorialize the 
 restrictive covenant upon the certificate of title and owner's 
 duplicate certificate of title.  When the property or any 
 portion of it ceases to be an agricultural preserve in 
 accordance with section 473H.08 and the passage of the required 
 time period, section 473H.09 or 473H.15, the county recorder 
 upon presentation of the owner's duplicate certificate of title 
 shall cause the restrictive covenant to be canceled upon the 
 effective date of the expiration, termination or taking.  

    Subd. 4.    Reenrolling.  If an owner's property was 
 initially granted agricultural preserve status under subdivision 
 1 but the owner filed an agricultural preserve termination 
 notice on that property, the owner may reenroll the property in 
 the program as provided in this subdivision.  In lieu of the 
 requirements in subdivision 1, the county may allow a property 
 owner to reenroll by completing a one page form or affidavit, as 
 prepared by the county.  The county may require whatever 
 information is deemed necessary, except that approval by the 
 city or township, in which the property is located, shall be 
 required on the form or affidavit. 

    The county may charge the property owner a reenrollment 
 fee, not to exceed $10, to defray any administrative cost. 

    Reenrolling property under this subdivision shall be 
 allowed only if the same property owner or owners wish to 
 reenroll the same property under the same conditions as was 
 originally approved under subdivision 1. 

    HIST: 1980 c 566 s 5; 1982 c 523 art 32 s 5,6; 1986 c 444; 
 1994 c 587 art 5 s 24