2007 Minnesota Statutes

462.359 PROCEDURE TO EFFECT PLAN: OFFICIAL MAPS.
    Subdivision 1. Statement of purpose. Land that is needed for future street purposes or for
aviation purposes and as sites for other necessary public facilities and services is frequently
diverted to nonpublic uses that 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 an official map 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 that will make adjustments difficult to accomplish.
    Subd. 2. Adoption. After the planning agency has adopted a major thoroughfare plan and
a community facilities plan, it may, for the purpose of carrying out the policies of the major
thoroughfare plan and community facilities plan, prepare and recommend to the governing body
a proposed official map covering the entire municipality or any portion thereof. The governing
body may, after holding a public hearing, adopt and amend the official map by ordinance. A
notice of the time, place and purpose of the hearing shall be published in the official newspaper
of the municipality at least ten days prior to the date of the hearing. The official map or maps
shall be prepared in sufficient detail to permit the establishment of the 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 a licensed land surveyor. After adoption, a copy
of the official map, or sections thereof with a copy of the adopting ordinance attached shall be
recorded with the county recorder as provided in sections 462.351 to 462.364.
    Subd. 3. Effect. After an official map has been adopted and filed, the issuance of building
permits by the municipality is subject to 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, including
aviation purposes, are acquired by the municipality, it is not required in such proceedings to
pay for any building or structure placed without a permit or in violation of conditions of a
permit within the limits of the mapped street 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 an official map does not give the municipality any right, title, or interest in areas
identified for public purposes thereon, but the adoption of the map does authorize the municipality
to acquire interests without paying compensation for buildings or structures erected in those areas
without a permit or in violation of the conditions of a permit.
    Subd. 4. Appeals. If a land use or zoning permit or approval for a building in such location is
denied, the board of appeals and adjustments shall have the power, upon appeal filed with it by
the owner of the land, to grant a permit or approval 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
yield a reasonable return to the owner unless such a permit or approval is granted, and (b) that
balancing the interest of the municipality in preserving the integrity of the official map and of
the comprehensive municipal plan and the interest of the owner of the property in the use of
the property and in the benefits of ownership, the grant of such permit or approval is required
by considerations of justice and equity. In addition to the notice of hearing required by section
462.354, subdivision 2, a notice shall be published in the official newspaper once at least ten days
before the day of the hearing. If the board of appeals and adjustments authorizes the issuance of a
permit or approval the governing body or other board or commission having jurisdiction shall
have six months from the date of the decision of the board to institute proceedings to acquire
such land or interest therein, and if no such proceedings are started within that time, the officer
responsible for issuing permits or approvals shall issue the permit or approval if the application
otherwise conforms to local ordinances. The board shall specify the exact location, ground area,
height and other details as to the extent and character of the building for which the permit or
approval is granted.
History: 1965 c 670 s 9; 1976 c 181 s 2; 1986 c 444; 1995 c 254 art 3 s 8; 1998 c 324 s 9;
2005 c 4 s 109; 2005 c 41 s 18,19