1999 Minnesota Statutes

     473H.08 Duration. 

    Subdivision 1.    Till expiration started.  Agricultural 
 preserves shall continue until either the landowner or the 
 authority initiates expiration as provided in this section.  

    Subd. 2.   Expiration by landowner.  A landowner may 
 initiate expiration by notifying the authority on a form 
 provided by the commissioner of agriculture.  The notice shall 
 describe the property for which expiration is desired and shall 
 state the date of expiration which shall be at least eight years 
 from the date of notice.  The notice and expiration may be 
 rescinded by the owner at any time during the first two years 
 following notice.  

    Subd. 3.    Expiration by authority.  The authority may 
 initiate expiration by notifying the landowner by registered 
 letter on a form provided by the commissioner of agriculture, 
 provided that before notification (i) the comprehensive plan and 
 the zoning for the land have been officially amended so that the 
 land is no longer planned for long term agriculture and is no 
 longer zoned for long term agriculture, evidenced by a maximum 
 residential density permitting more than one unit per 
 quarter/quarter, and (ii) the authority has certified such 
 changes pursuant to section 473H.04, subdivision 2.  The notice 
 shall describe the property for which expiration is desired and 
 shall state the date of expiration which shall be at least eight 
 years from the date of notice.  

    Subd. 4.    Notice to others.  Upon receipt of the 
 notice provided in subdivision 2, or upon notice served by the 
 authority as provided in subdivision 3, the authority 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 county auditor, county 
 assessor, the metropolitan council, and the county soil and 
 water conservation district of the date of expiration.  
 Designation as an agricultural preserve and all benefits and 
 limitations accruing through sections 473H.02 to 473H.17 for the 
 preserve shall cease on the date of expiration.  The restrictive 
 covenant contained in the application shall terminate on the 
 date of expiration.  

    HIST: 1980 c 566 s 8; 1982 c 523 art 32 s 10; 1999 c 11 art 1 
 s 12