2006 Minnesota Statutes

40A.11 DURATION OF AGRICULTURAL PRESERVE.
    Subdivision 1. General. An agricultural preserve continues in existence until either the
owner or the county initiates expiration as provided in this section. The date of expiration by the
owner or the county must be at least eight years from the date of notice under this section.
    Subd. 2. Termination by owner. The owner may initiate expiration of an agricultural
preserve by notifying the county on a form prepared by the commissioner and available in each
county. The notice must describe the property involved and must state the date of expiration. The
notice may be rescinded by the owner during the first two years following notice.
    Subd. 3. Termination by county. The county may initiate expiration of the agricultural
preserve by notifying the owner by registered mail on a form provided by the commissioner,
provided that before notification the following conditions are met:
(a) The agricultural land preservation plan and official controls have been amended so that
the land is no longer designated for long-term agricultural use; and
(b) The commissioner has reviewed and approved the amended plan and official controls for
consistency with the guidelines contained in this chapter. The notice must describe the property
involved and must state the date of expiration.
    Subd. 4. Notice and recording; termination. When the county receives notice under
subdivision 2 or serves notice under subdivision 3, the county shall forward the original notice
to the county recorder for recording, or to the registrar of titles if the land is registered, and
shall notify the regional development commission, the commissioner, and the county soil and
water conservation district of the date of expiration. Designation as an agricultural preserve and
the benefits and limitations contained in this chapter and the restrictive covenant filed with the
application cease on the date of expiration. If the land is registered, the registrar of titles shall
cancel the memorial of the application containing the restrictive covenant upon the certificate of
title on the effective date of the expiration.
    Subd. 5. Early expiration. An agricultural preserve may be terminated earlier than as
provided in this section only in the event of a public emergency upon petition from the owner or
county to the governor. The determination of a public emergency must be made by the governor
through executive order under section 4.035 and chapter 12. The executive order must identify the
agricultural preserve, the reasons requiring the action, and the date of expiration.
History: 1984 c 654 art 3 s 41; 1989 c 313 s 4,10; 1999 c 11 art 1 s 3