2006 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. 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 be executed and acknowledged in the manner required by
law to execute and acknowledge a deed and 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 and the certificate of title number if the land is registered;
(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 statement by 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 and providing 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    Subd. 3.[Repealed, 1999 c 11 art 1 s 72]
    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.
History: 1980 c 566 s 5; 1982 c 523 art 32 s 5,6; 1986 c 444; 1994 c 587 art 5 s 24; 1999 c
11 art 1 s 9