Bill Text: MN SF1886 | 2011-2012 | 87th Legislature | Introduced
Bill Title: St. Louis county tax-forfeited leased land sales
Sponsorship: Bipartisan Bill
Status: (Introduced - Dead) 2012-02-15 - Referred to Local Government and Elections [SF1886 Detail]
Download: Minnesota-2011-SF1886-Introduced.html
1.2relating to Saint Louis County; authorizing the sale of certain tax-forfeited
1.3leased lands.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. SALE OF TAX-FORFEITED LEASED LANDS; SAINT LOUIS
1.6COUNTY.
1.7 Subdivision 1. Sale authorized. Notwithstanding Minnesota Statutes, sections 92.45
1.8and 282.018, subdivision 1, and the public sale provisions of Minnesota Statutes, chapter
1.9282, Saint Louis County may in its sole discretion sell tax-forfeited lakeshore lots that are
1.10currently leased. Saint Louis County may also sell other adjacent tax-forfeited lands under
1.11this section necessary for roadway access and the creation of conforming lot sizes.
1.12 Subd. 2. Method of sale. (a) The leaseholder of a leased parcel may purchase at
1.13private sale the leased parcel and any other lands allocated to the parcel by the county
1.14under subdivision 6 that is offered for sale under this section. The purchase price is the
1.15appraised value of the land under subdivision 3 exclusive of improvements on it. To
1.16purchase a parcel, a leaseholder must pay in cash to the county an amount equal to the
1.17appraised value of the land within 180 days from the date of mailing to or service of notice
1.18of appraised value on the leaseholder by the county. The 180-day period runs from the
1.19date of mailing of a copy of the appraisal to the leaseholder at the address shown upon
1.20the most recent lease agreement between the parties, exclusive of the date of mailing or
1.21service. The county may use any alternative method of notice under the Minnesota Rules
1.22of Civil Procedure for the service of a summons and complaint.
1.23 (b) If the leaseholder does not purchase the parcel so offered, the county may
1.24offer the lands for sale at public auction under the provisions of Minnesota Statutes,
2.1section282.01, subdivision 3 . If a person other than the leaseholder purchases the parcel,
2.2the purchaser must make payment in full to the leaseholder in the manner provided in
2.3Minnesota Statutes, section92.06, subdivision 4 , for the value of any improvements as
2.4determined under subdivision 3.
2.5 (c) Failure of a purchaser to comply with the terms of payment voids the sale and the
2.6property may be reoffered for sale.
2.7 Subd. 3. Appraisal. (a) An appraisal must be made in accordance with Minnesota
2.8Statutes, section282.01, subdivision 3 , except as modified by this subdivision.
2.9Improvements that are owned by the lessee must be appraised separately.
2.10 (b) The county shall select the appraiser. The appraiser selected must meet the
2.11minimal appraisal standards established by the federal Farmers Home Administration or
2.12the federal Veterans Administration, and be licensed under Minnesota Statutes, section
2.1382B.03 , to appraise the property to be sold.
2.14 (c) The costs of appraisal must be allocated by the county to the lots offered for sale
2.15and the successful purchaser on each lot shall reimburse the county for the appraisal costs
2.16allocated to the lot purchased. If no one purchases a lot, the county is responsible for
2.17the appraisal cost.
2.18 (d) If a leaseholder disagrees with the appraised value of the leasehold improvements,
2.19the leaseholder may select an appraiser that meets the qualifications in paragraph (b) to
2.20reappraise the improvements. The leaseholder must give notice of intent to object to the
2.21appraised value of the improvements within ten days of the date of the mailing or service
2.22of notice under subdivision 2, paragraph (a). The reappraisal must be delivered by the
2.23leaseholder to the county auditor within 60 days of the date of mailing or service of notice
2.24of appraised value under subdivision 2, paragraph (a), or the initial appraisal shall be
2.25conclusive. The leaseholder is responsible for the costs of the reappraisal. If the parcel is
2.26reappraised within the time required in this paragraph and the county and the leaseholder
2.27fail to agree on the value of the improvements by a date set by the county, each of the
2.28appraisers shall agree upon the selection of a third appraiser to conduct a third appraisal
2.29that shall be conclusive as to the value of the improvements. The cost of this appraisal
2.30must be paid equally by the county and the leaseholder.
2.31 Subd. 4. Proceeds. (a) Except as provided in paragraph (b), the proceeds from
2.32the sale of land described in subdivision 1 must be deposited by the county into an
2.33environmental trust fund as provided in Laws 1998, chapter 389, article 16, section 31,
2.34subdivision 4.
2.35(b) The following amounts may be withheld by a county board and not deposited
2.36into an environmental trust fund: the costs of appraisal, abstracts, and surveys; money
3.1received from a sale that is attributable to land owned by a county in fee; amounts paid to
3.2lessees for improvements; and the costs of sale to lessees or other parties, including the
3.3costs of advertising, realtors, and closing services.
3.4 Subd. 5. Survey. (a) Prior to offering it for sale, Saint Louis County shall have
3.5each lot surveyed by a licensed surveyor.
3.6 (b) The costs of the survey must be allocated by the county to the lots offered for
3.7sale and the successful purchaser on each lot shall reimburse the county for the survey
3.8costs allocated to the lot purchased. If no one purchases the lot, the county is responsible
3.9for the survey costs. All surveying must be conducted by a licensed surveyor.
3.10 Subd. 6. Adding lands; zoning conformance. Any lands to be sold under this
3.11section must be considered lots of record for zoning purposes. Whenever possible, Saint
3.12Louis County may add land to the lots offered for sale to permit conformance with zoning
3.13requirements. The added lands must be included in the appraised value of the lot.
3.14 Subd. 7. Roadways. Saint Louis County has the authority to designate whether
3.15roads within minor subdivisions under the county platting and subdivision ordinance
3.16are public or private.
3.17 Subd. 8. Sunset. This section expires five years after the day of final enactment.
1.3leased lands.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. SALE OF TAX-FORFEITED LEASED LANDS; SAINT LOUIS
1.6COUNTY.
1.7 Subdivision 1. Sale authorized. Notwithstanding Minnesota Statutes, sections 92.45
1.8and 282.018, subdivision 1, and the public sale provisions of Minnesota Statutes, chapter
1.9282, Saint Louis County may in its sole discretion sell tax-forfeited lakeshore lots that are
1.10currently leased. Saint Louis County may also sell other adjacent tax-forfeited lands under
1.11this section necessary for roadway access and the creation of conforming lot sizes.
1.12 Subd. 2. Method of sale. (a) The leaseholder of a leased parcel may purchase at
1.13private sale the leased parcel and any other lands allocated to the parcel by the county
1.14under subdivision 6 that is offered for sale under this section. The purchase price is the
1.15appraised value of the land under subdivision 3 exclusive of improvements on it. To
1.16purchase a parcel, a leaseholder must pay in cash to the county an amount equal to the
1.17appraised value of the land within 180 days from the date of mailing to or service of notice
1.18of appraised value on the leaseholder by the county. The 180-day period runs from the
1.19date of mailing of a copy of the appraisal to the leaseholder at the address shown upon
1.20the most recent lease agreement between the parties, exclusive of the date of mailing or
1.21service. The county may use any alternative method of notice under the Minnesota Rules
1.22of Civil Procedure for the service of a summons and complaint.
1.23 (b) If the leaseholder does not purchase the parcel so offered, the county may
1.24offer the lands for sale at public auction under the provisions of Minnesota Statutes,
2.1section
2.2the purchaser must make payment in full to the leaseholder in the manner provided in
2.3Minnesota Statutes, section
2.4determined under subdivision 3.
2.5 (c) Failure of a purchaser to comply with the terms of payment voids the sale and the
2.6property may be reoffered for sale.
2.7 Subd. 3. Appraisal. (a) An appraisal must be made in accordance with Minnesota
2.8Statutes, section
2.9Improvements that are owned by the lessee must be appraised separately.
2.10 (b) The county shall select the appraiser. The appraiser selected must meet the
2.11minimal appraisal standards established by the federal Farmers Home Administration or
2.12the federal Veterans Administration, and be licensed under Minnesota Statutes, section
2.13
2.14 (c) The costs of appraisal must be allocated by the county to the lots offered for sale
2.15and the successful purchaser on each lot shall reimburse the county for the appraisal costs
2.16allocated to the lot purchased. If no one purchases a lot, the county is responsible for
2.17the appraisal cost.
2.18 (d) If a leaseholder disagrees with the appraised value of the leasehold improvements,
2.19the leaseholder may select an appraiser that meets the qualifications in paragraph (b) to
2.20reappraise the improvements. The leaseholder must give notice of intent to object to the
2.21appraised value of the improvements within ten days of the date of the mailing or service
2.22of notice under subdivision 2, paragraph (a). The reappraisal must be delivered by the
2.23leaseholder to the county auditor within 60 days of the date of mailing or service of notice
2.24of appraised value under subdivision 2, paragraph (a), or the initial appraisal shall be
2.25conclusive. The leaseholder is responsible for the costs of the reappraisal. If the parcel is
2.26reappraised within the time required in this paragraph and the county and the leaseholder
2.27fail to agree on the value of the improvements by a date set by the county, each of the
2.28appraisers shall agree upon the selection of a third appraiser to conduct a third appraisal
2.29that shall be conclusive as to the value of the improvements. The cost of this appraisal
2.30must be paid equally by the county and the leaseholder.
2.31 Subd. 4. Proceeds. (a) Except as provided in paragraph (b), the proceeds from
2.32the sale of land described in subdivision 1 must be deposited by the county into an
2.33environmental trust fund as provided in Laws 1998, chapter 389, article 16, section 31,
2.34subdivision 4.
2.35(b) The following amounts may be withheld by a county board and not deposited
2.36into an environmental trust fund: the costs of appraisal, abstracts, and surveys; money
3.1received from a sale that is attributable to land owned by a county in fee; amounts paid to
3.2lessees for improvements; and the costs of sale to lessees or other parties, including the
3.3costs of advertising, realtors, and closing services.
3.4 Subd. 5. Survey. (a) Prior to offering it for sale, Saint Louis County shall have
3.5each lot surveyed by a licensed surveyor.
3.6 (b) The costs of the survey must be allocated by the county to the lots offered for
3.7sale and the successful purchaser on each lot shall reimburse the county for the survey
3.8costs allocated to the lot purchased. If no one purchases the lot, the county is responsible
3.9for the survey costs. All surveying must be conducted by a licensed surveyor.
3.10 Subd. 6. Adding lands; zoning conformance. Any lands to be sold under this
3.11section must be considered lots of record for zoning purposes. Whenever possible, Saint
3.12Louis County may add land to the lots offered for sale to permit conformance with zoning
3.13requirements. The added lands must be included in the appraised value of the lot.
3.14 Subd. 7. Roadways. Saint Louis County has the authority to designate whether
3.15roads within minor subdivisions under the county platting and subdivision ordinance
3.16are public or private.
3.17 Subd. 8. Sunset. This section expires five years after the day of final enactment.
