Bill Text: MN HF993 | 2011-2012 | 87th Legislature | Introduced
Bill Title: County agricultural society land authority clarified.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2011-03-09 - Introduction and first reading, referred to Agriculture and Rural Development Policy and Finance [HF993 Detail]
Download: Minnesota-2011-HF993-Introduced.html
1.2relating to county and agricultural society lands; clarifying authority of county
1.3boards and county agricultural societies to exchange lands;amending Minnesota
1.4Statutes 2010, sections 38.01; 373.01, subdivision 1.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 38.01, is amended to read:
1.738.01 COUNTY AGRICULTURAL SOCIETIES; FORMATION, POWERS.
1.8(a) An agricultural society or association may be incorporated by citizens of any
1.9county, or two or more counties jointly, but only one agricultural society shall be organized
1.10in any county. An agricultural society may sue and be sued in its corporate name; may
1.11adopt bylaws, rules, and regulations, alter and amend the same; may purchase and hold,
1.12lease and control any real or personal property deemed to promote the objects of the
1.13society, and may rent, lease, sell, exchange, and convey the same. Any income from
1.14the rental or lease of the property may be used for any or all of the following purposes:
1.15(1) Acquisition of additional real property; (2) Construction of additional buildings; or
1.16(3) Maintenance and care of the society's property. This section shall not be construed
1.17to preclude the continuance of any agricultural society now existing or the granting of
1.18aid to the society.
1.19(b) An agricultural society shall have jurisdiction and control of the grounds upon
1.20which its fairs are held and of the streets and adjacent grounds during the fair, so far
1.21as may be necessary for fair purposes, and are exempt from local zoning ordinances
1.22throughout the year as provided in section38.16 .
1.23(c) The society may contract with the sheriff, local municipality, or security guard as
1.24defined in section626.88 to provide the society with police service. A person providing
2.1police service pursuant to a contract is not, by reason of the contract, classified as an
2.2employee of the agricultural society for any purpose other than the discharge of powers
2.3and duties under the contract.
2.4(d) Any person who shall willfully violate any rule or regulation made by agricultural
2.5societies during the days of a fair shall be guilty of a misdemeanor.
2.6The provisions of this section supersede all special laws on the same subject.
2.7 Sec. 2. Minnesota Statutes 2010, section 373.01, subdivision 1, is amended to read:
2.8 Subdivision 1. Public corporation; listed powers. (a) Each county is a body politic
2.9and corporate and may:
2.10 (1) Sue and be sued.
2.11 (2) Acquire and hold real and personal property for the use of the county, and lands
2.12sold for taxes as provided by law.
2.13 (3) Purchase and hold for the benefit of the county real estate sold by virtue of
2.14judicial proceedings, to which the county is a party.
2.15 (4) Sell, lease, and convey real or personal estate owned by the county, and give
2.16contracts or options to sell, lease, or convey it, and make orders respecting it as deemed
2.17conducive to the interests of the county's inhabitants.
2.18 (5) Make all contracts and do all other acts in relation to the property and concerns
2.19of the county necessary to the exercise of its corporate powers.
2.20 (b) No sale, lease, or conveyance of real estate owned by the county, except the lease
2.21of a residence acquired for the furtherance of an approved capital improvement project, nor
2.22any contract or option for it, shall be valid, without first advertising for bids or proposals in
2.23the official newspaper of the county for three consecutive weeks and once in a newspaper
2.24of general circulation in the area where the property is located. The notice shall state the
2.25time and place of considering the proposals, contain a legal description of any real estate,
2.26and a brief description of any personal property. Leases that do not exceed $15,000 for any
2.27one year may be negotiated and are not subject to the competitive bid procedures of this
2.28section. All proposals estimated to exceed $15,000 in any one year shall be considered at
2.29the time set for the bid opening, and the one most favorable to the county accepted, but the
2.30county board may, in the interest of the county, reject any or all proposals.
2.31 (c) Sales of personal property the value of which is estimated to be $15,000 or
2.32more shall be made only after advertising for bids or proposals in the county's official
2.33newspaper, on the county's Web site, or in a recognized industry trade journal. At the same
2.34time it posts on its Web site or publishes in a trade journal, the county must publish in the
2.35official newspaper, either as part of the minutes of a regular meeting of the county board
3.1or in a separate notice, a summary of all requests for bids or proposals that the county
3.2advertises on its Web site or in a trade journal. After publication in the official newspaper,
3.3on the Web site, or in a trade journal, bids or proposals may be solicited and accepted by
3.4the electronic selling process authorized in section471.345, subdivision 17 . Sales of
3.5personal property the value of which is estimated to be less than $15,000 may be made
3.6either on competitive bids or in the open market, in the discretion of the county board.
3.7"Web site" means a specific, addressable location provided on a server connected to the
3.8Internet and hosting World Wide Web pages and other files that are generally accessible
3.9on the Internet all or most of a day.
3.10 (d) Notwithstanding anything in this section to the contraryherein, the county
3.11may, when acquiring real property for county highway right-of-way, exchange parcels
3.12of real property of substantially similar or equal value without advertising for bids. The
3.13estimated values for these parcelsshall must be determined by the county assessor or
3.14private appraisal. Before giving final approval to any exchange of land, the county board
3.15shall hold a public hearing on the exchange. At least two weeks before the hearing, the
3.16county auditor shall post a notice in the auditor's office of the hearing that contains a
3.17description of the lands affected.
3.18 (e) If real estate or personal property remains unsold after advertising for and
3.19consideration of bids or proposals the county may employ a broker to sell the property.
3.20The broker may sell the property for not less than 90 percent of its appraised market value
3.21as determined by the county. The broker's fee shall be set by agreement with the county but
3.22may not exceed ten percent of the sale price and must be paid from the proceeds of the sale.
3.23 (f) A county or its agent may rent a county-owned residence acquired for the
3.24furtherance of an approved capital improvement project subject to the conditions set
3.25by the county board and not subject to the conditions for lease otherwise provided by
3.26paragraph (a), clause (4), and paragraphs (b), (c), (d), (e), and (g).
3.27 (g) In no case shall lands be disposed of without there being reserved to the county
3.28all iron ore and other valuable minerals in and upon the lands, with right to explore for,
3.29mine and remove the iron ore and other valuable minerals, nor shall the minerals and
3.30mineral rights be disposed of, either before or after disposition of the surface rights,
3.31otherwise than by mining lease, in similar general form to that provided by section93.20
3.32for mining leases affecting state lands. The lease shall be for a term not exceeding 50
3.33years, and be issued on a royalty basis, the royalty to be not less than 25 cents per ton of
3.342,240 pounds, and fix a minimum amount of royalty payable during each year, whether
3.35mineral is removed or not. Prospecting options for mining leases may be granted for
4.1periods not exceeding one year. The options shall require, among other things, periodical
4.2showings to the county board of the results of exploration work done.
4.3 (h) Notwithstanding anything in this subdivision to the contrary, the county may,
4.4when selling real property owned in fee simple that cannot be improved because of
4.5noncompliance with local ordinances regarding minimum area, shape, frontage, or access,
4.6proceed to sell the nonconforming parcel without advertising for bid. At the county's
4.7discretion, the real property may be restricted to sale to adjoining landowners or may be
4.8sold to any other interested party. The property shall be sold to the highest bidder, but
4.9in no case shall the property be sold for less than 90 percent of its fair market value as
4.10determined by the county assessor. All owners of land adjoining the land to be sold shall
4.11be given a written notice at least 30 days before the sale. This paragraph shall be liberally
4.12construed to encourage the sale of nonconforming real property and promote its return to
4.13the tax roles.
1.3boards and county agricultural societies to exchange lands;amending Minnesota
1.4Statutes 2010, sections 38.01; 373.01, subdivision 1.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 38.01, is amended to read:
1.738.01 COUNTY AGRICULTURAL SOCIETIES; FORMATION, POWERS.
1.8(a) An agricultural society or association may be incorporated by citizens of any
1.9county, or two or more counties jointly, but only one agricultural society shall be organized
1.10in any county. An agricultural society may sue and be sued in its corporate name; may
1.11adopt bylaws, rules, and regulations, alter and amend the same; may purchase and hold,
1.12lease and control any real or personal property deemed to promote the objects of the
1.13society, and may rent, lease, sell, exchange, and convey the same. Any income from
1.14the rental or lease of the property may be used for any or all of the following purposes:
1.15(1) Acquisition of additional real property; (2) Construction of additional buildings; or
1.16(3) Maintenance and care of the society's property. This section shall not be construed
1.17to preclude the continuance of any agricultural society now existing or the granting of
1.18aid to the society.
1.19(b) An agricultural society shall have jurisdiction and control of the grounds upon
1.20which its fairs are held and of the streets and adjacent grounds during the fair, so far
1.21as may be necessary for fair purposes, and are exempt from local zoning ordinances
1.22throughout the year as provided in section
1.23(c) The society may contract with the sheriff, local municipality, or security guard as
1.24defined in section
2.1police service pursuant to a contract is not, by reason of the contract, classified as an
2.2employee of the agricultural society for any purpose other than the discharge of powers
2.3and duties under the contract.
2.4(d) Any person who shall willfully violate any rule or regulation made by agricultural
2.5societies during the days of a fair shall be guilty of a misdemeanor.
2.6The provisions of this section supersede all special laws on the same subject.
2.7 Sec. 2. Minnesota Statutes 2010, section 373.01, subdivision 1, is amended to read:
2.8 Subdivision 1. Public corporation; listed powers. (a) Each county is a body politic
2.9and corporate and may:
2.10 (1) Sue and be sued.
2.11 (2) Acquire and hold real and personal property for the use of the county, and lands
2.12sold for taxes as provided by law.
2.13 (3) Purchase and hold for the benefit of the county real estate sold by virtue of
2.14judicial proceedings, to which the county is a party.
2.15 (4) Sell, lease, and convey real or personal estate owned by the county, and give
2.16contracts or options to sell, lease, or convey it, and make orders respecting it as deemed
2.17conducive to the interests of the county's inhabitants.
2.18 (5) Make all contracts and do all other acts in relation to the property and concerns
2.19of the county necessary to the exercise of its corporate powers.
2.20 (b) No sale, lease, or conveyance of real estate owned by the county, except the lease
2.21of a residence acquired for the furtherance of an approved capital improvement project, nor
2.22any contract or option for it, shall be valid, without first advertising for bids or proposals in
2.23the official newspaper of the county for three consecutive weeks and once in a newspaper
2.24of general circulation in the area where the property is located. The notice shall state the
2.25time and place of considering the proposals, contain a legal description of any real estate,
2.26and a brief description of any personal property. Leases that do not exceed $15,000 for any
2.27one year may be negotiated and are not subject to the competitive bid procedures of this
2.28section. All proposals estimated to exceed $15,000 in any one year shall be considered at
2.29the time set for the bid opening, and the one most favorable to the county accepted, but the
2.30county board may, in the interest of the county, reject any or all proposals.
2.31 (c) Sales of personal property the value of which is estimated to be $15,000 or
2.32more shall be made only after advertising for bids or proposals in the county's official
2.33newspaper, on the county's Web site, or in a recognized industry trade journal. At the same
2.34time it posts on its Web site or publishes in a trade journal, the county must publish in the
2.35official newspaper, either as part of the minutes of a regular meeting of the county board
3.1or in a separate notice, a summary of all requests for bids or proposals that the county
3.2advertises on its Web site or in a trade journal. After publication in the official newspaper,
3.3on the Web site, or in a trade journal, bids or proposals may be solicited and accepted by
3.4the electronic selling process authorized in section
3.5personal property the value of which is estimated to be less than $15,000 may be made
3.6either on competitive bids or in the open market, in the discretion of the county board.
3.7"Web site" means a specific, addressable location provided on a server connected to the
3.8Internet and hosting World Wide Web pages and other files that are generally accessible
3.9on the Internet all or most of a day.
3.10 (d) Notwithstanding anything in this section to the contrary
3.11may
3.12of real property of substantially similar or equal value without advertising for bids. The
3.13estimated values for these parcels
3.14private appraisal. Before giving final approval to any exchange of land, the county board
3.15shall hold a public hearing on the exchange. At least two weeks before the hearing, the
3.16county auditor shall post a notice in the auditor's office of the hearing that contains a
3.17description of the lands affected.
3.18 (e) If real estate or personal property remains unsold after advertising for and
3.19consideration of bids or proposals the county may employ a broker to sell the property.
3.20The broker may sell the property for not less than 90 percent of its appraised market value
3.21as determined by the county. The broker's fee shall be set by agreement with the county but
3.22may not exceed ten percent of the sale price and must be paid from the proceeds of the sale.
3.23 (f) A county or its agent may rent a county-owned residence acquired for the
3.24furtherance of an approved capital improvement project subject to the conditions set
3.25by the county board and not subject to the conditions for lease otherwise provided by
3.26paragraph (a), clause (4), and paragraphs (b), (c), (d), (e), and (g).
3.27 (g) In no case shall lands be disposed of without there being reserved to the county
3.28all iron ore and other valuable minerals in and upon the lands, with right to explore for,
3.29mine and remove the iron ore and other valuable minerals, nor shall the minerals and
3.30mineral rights be disposed of, either before or after disposition of the surface rights,
3.31otherwise than by mining lease, in similar general form to that provided by section
3.32for mining leases affecting state lands. The lease shall be for a term not exceeding 50
3.33years, and be issued on a royalty basis, the royalty to be not less than 25 cents per ton of
3.342,240 pounds, and fix a minimum amount of royalty payable during each year, whether
3.35mineral is removed or not. Prospecting options for mining leases may be granted for
4.1periods not exceeding one year. The options shall require, among other things, periodical
4.2showings to the county board of the results of exploration work done.
4.3 (h) Notwithstanding anything in this subdivision to the contrary, the county may,
4.4when selling real property owned in fee simple that cannot be improved because of
4.5noncompliance with local ordinances regarding minimum area, shape, frontage, or access,
4.6proceed to sell the nonconforming parcel without advertising for bid. At the county's
4.7discretion, the real property may be restricted to sale to adjoining landowners or may be
4.8sold to any other interested party. The property shall be sold to the highest bidder, but
4.9in no case shall the property be sold for less than 90 percent of its fair market value as
4.10determined by the county assessor. All owners of land adjoining the land to be sold shall
4.11be given a written notice at least 30 days before the sale. This paragraph shall be liberally
4.12construed to encourage the sale of nonconforming real property and promote its return to
4.13the tax roles.
