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473H.03 REQUIRED SIZE OF PARCEL; EXCEPTIONS.
    Subdivision 1. 40 acres or more. Long-term agricultural land comprising 40 or more acres
shall be eligible for designation as an agricultural preserve.
    Subd. 2. If noncontiguous. Noncontiguous parcels may be included to achieve the minimum
acreage requirement in subdivision 1, provided that each parcel is at least ten acres in size and
provided that all separate parcels are farmed together as a unit.
    Subd. 3. 35 acre exception. The minimum acreage requirement in subdivision 1 may be
reduced to 35 acres provided the land is a single quarter/quarter parcel and the amount less than
40 acres is due to a public road right-of-way or a perturbation in the rectangular survey system
resulting in a quarter/quarter of less than 40 acres.
    Subd. 4. 20 acre exception. Contiguous long-term agricultural land comprising not less
than 20 acres and surrounded by eligible land on not less than two sides shall be eligible for
designation as an agricultural preserve provided the authority by resolution determines that: (i) the
land area predominantly comprises Class I, II, III, or irrigated Class IV land according to the Land
Capability Classification Systems of the Soil Conservation Service and the county soil survey; (ii)
the land area is considered by the authority to be an essential part of the agricultural region; and
(iii) the parcel was a parcel of record prior to January 1, 1980, or the land was an agricultural
preserve prior to becoming a separate parcel of at least 20 acres.
    Subd. 5. Two or more authorities. Contiguous long-term agricultural land meeting the
total acreage requirements of this section but located in two or more authorities so that the
minimum acreage requirement is not met in one or more of the authorities shall be eligible by
joint resolution of the affected authorities.
    Subd. 6. Owner's adjoining preserve parcel. Contiguous long-term agricultural land not
meeting the total acreage requirements of this section but under the same ownership as an
agricultural preserve adjoining it on at least one side shall be eligible for designation as an
agricultural preserve.
History: 1980 c 566 s 3; 1989 c 313 s 9

Official Publication of the State of Minnesota
Revisor of Statutes