2002 Minnesota Statutes

     394.361 Official map. 

    Subdivision 1.    Future public uses.  Land that is 
 needed for future street and highway purposes and as sites for 
 other necessary public facilities and services is frequently 
 diverted to nonpublic uses which 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 will make such adjustments difficult 
 to accomplish.  

    Subd. 2.    Development; hearings, adoption, filing.  
 The planning commission may develop and recommend for adoption 
 by the board official maps and amendments thereto covering all 
 or any portion of the unincorporated area of the county.  Public 
 hearings on proposed official maps and amendments thereto shall 
 be held in accordance with section 394.26.  The official map may 
 be adopted and amended by ordinance by the board.  

    All official maps shall be prepared in sufficient detail to 
 permit the establishment of future acquisition lines on the 
 ground.  In unplatted areas a minimum of a centerline survey 
 shall have been made prior to the preparation of the final draft 
 of the official map.  The accuracy of the future acquisition 
 lines shown on the official map shall be attested to by the 
 county surveyor.  Copies of official maps and amendments shall 
 be filed in accordance with section 394.35.  One copy of the 
 official map shall be furnished to the town clerk of each 
 affected town.  

    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 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 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.  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 
 interests without paying compensation for buildings or 
 structures erected in such areas without a permit or approval or 
 in violation of the conditions of a permit or approval.  The 
 provisions of this subdivision shall not apply to buildings or 
 structures in existence prior to the filing of the official map. 

    Subd. 4.    Board of adjustment role.  If a permit for a 
 building in such location is denied, the board of adjustment 
 shall have the power, upon appeal by the owner of the land to 
 authorize the issuance of a permit for building in such location 
 in any case in which the board finds, upon the evidence and the 
 arguments presented to it, (a) that the entire property of the 
 appellant of which such area identified for public purposes 
 forms a part cannot be put to a reasonable use by the owner 
 unless such a permit is granted, and (b) that balancing the 
 interest of the county in preserving the integrity of the 
 official map and the comprehensive plan and interest of the 
 owner of the property in the use of the property and in the 
 benefits of ownership, the issuance of such permit is required 
 by considerations of justice and equity.  Prior to reaching a 
 decision upon the appeal, public hearings shall be held in 
 accordance with section 394.26.  If the board of adjustment 
 authorizes the issuance of a permit the board shall have six 
 months from the date of the decision of the board of adjustment 
 to institute proceedings to acquire such land or interest 
 therein, and if no such proceedings are started within that 
 time, the officer responsible shall issue a permit in accordance 
 with the conditions stated in the authorization specifying the 
 exact location, ground area, height and other details as to the 
 extent and character of the building for which the permit is 
 granted.  

    HIST: 1974 c 571 s 44; 1986 c 444; 1995 c 254 art 3 s 5