HF 387

1st Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to transportation; holding department of 
  1.3             transportation not liable solely for owning 
  1.4             contaminated land; allowing the district court 
  1.5             handling eminent domain proceeds to grant judgments 
  1.6             for return of overpayments; reserving easement and 
  1.7             permit interests to utilities in real property 
  1.8             conveyed by commissioner of transportation; exempting 
  1.9             government bodies from being required to file 
  1.10            certificate of value when real estate is conveyed; 
  1.11            amending Minnesota Statutes 1996, sections 115B.03, 
  1.12            subdivision 5; 115C.021, by adding a subdivision; 
  1.13            117.155; 161.45, by adding a subdivision; and 272.115. 
  1.14  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.15     Section 1.  Minnesota Statutes 1996, section 115B.03, 
  1.16  subdivision 5, is amended to read: 
  1.17     Subd. 5.  [EMINENT DOMAIN.] (a) The state, an agency of the 
  1.18  state, or a political subdivision is not a responsible person 
  1.19  under this section solely as a result of the acquisition of 
  1.20  property if the property was acquired by the state, an agency of 
  1.21  the state, or a political subdivision that acquires property 
  1.22  through exercise of the power of eminent domain, or through 
  1.23  negotiated purchase after filing a petition for the taking of 
  1.24  the property through eminent domain, or after adopting a 
  1.25  redevelopment or development plan under sections 469.001 to 
  1.26  469.134 describing the property and stating its intended use and 
  1.27  the necessity of its taking is not a responsible person under 
  1.28  this section solely as a result of the acquisition of the 
  1.29  property, or after adopting a layout plan for highway 
  2.1   development under sections 161.15 to 161.241 describing the 
  2.2   property and stating its intended use and the necessity of its 
  2.3   taking.  
  2.4      (b) A person who acquires property from the state, an 
  2.5   agency of the state, or a political subdivision, is not a 
  2.6   responsible person under this section solely as a result of the 
  2.7   acquisition of property if the property was acquired by the 
  2.8   state, agency, or political subdivision through exercise of the 
  2.9   power of eminent domain or by negotiated purchase after filing a 
  2.10  petition for the taking of the property through eminent domain 
  2.11  or, after adopting a redevelopment or development plan under 
  2.12  sections 469.001 to 469.134 describing the property and stating 
  2.13  its intended use and the necessity of its taking, or after 
  2.14  adopting a layout plan for highway development under sections 
  2.15  161.15 to 161.241 describing the property and stating its 
  2.16  intended use and the necessity of its taking. 
  2.17     Sec. 2.  Minnesota Statutes 1996, section 115C.021, is 
  2.18  amended by adding a subdivision to read: 
  2.19     Subd. 3a.  [EMINENT DOMAIN.] (a) The department of 
  2.20  transportation is not a responsible person under this section 
  2.21  solely as a result of the acquisition of property if the 
  2.22  property was acquired by the department through exercise of the 
  2.23  power of eminent domain, through negotiated purchase after 
  2.24  filing a petition for the taking of the property through eminent 
  2.25  domain, or after adopting a layout plan for highway development 
  2.26  under sections 161.15 to 161.241 describing the property and 
  2.27  stating its intended use and the necessity of its taking.  
  2.28     (b) A person who acquires property from the department is 
  2.29  not a responsible person under this section solely as a result 
  2.30  of the acquisition of property if the property was acquired by 
  2.31  the department through exercise of the power of eminent domain, 
  2.32  by negotiated purchase after filing a petition for the taking of 
  2.33  the property through eminent domain, or after adopting a layout 
  2.34  plan for highway development under sections 161.15 to 161.241 
  2.35  describing the property and stating its intended use and the 
  2.36  necessity of its taking. 
  3.1      Sec. 3.  Minnesota Statutes 1996, section 117.155, is 
  3.2   amended to read: 
  3.3      117.155 [PAYMENTS; PARTIAL PAYMENT PENDING APPEAL.] 
  3.4      Except as otherwise provided herein payment of damages 
  3.5   awarded may be made or tendered at any time after the filing of 
  3.6   the report; and the duty of the petitioner to pay the amount of 
  3.7   any award or final judgment upon appeal shall, for all purposes, 
  3.8   be held and construed to be full and just compensation to the 
  3.9   respective owners or the persons interested in the lands.  If 
  3.10  either the petitioner or any respondent appeals from an award, 
  3.11  the respondent or respondents, if there is more than one, except 
  3.12  encumbrancers having an interest in the award which has been 
  3.13  appealed, may demand of the petitioner a partial payment of the 
  3.14  award pending the final determination thereof, and it shall be 
  3.15  the duty of the petitioner to comply with such demand and to 
  3.16  promptly pay the amount demanded but not in excess of an amount 
  3.17  equal to three-fourths of the award of damages for the parcel 
  3.18  which has been appealed, less any payments made by petitioner 
  3.19  pursuant to section 117.042; provided, however, that the 
  3.20  petitioner may by motion after due notice to all interested 
  3.21  parties request, and the court may order, reduction in the 
  3.22  amount of the partial payment for cause shown.  If an appeal is 
  3.23  taken from an award the petitioner may, but it cannot be 
  3.24  compelled to, pay the entire amount of the award pending the 
  3.25  final determination thereof.  If any respondent or respondents 
  3.26  having an interest in the award refuses to accept such payment 
  3.27  the petitioner may pay the amount thereof to the court 
  3.28  administrator of district court to be paid out under direction 
  3.29  of the court.  A partial or full payment as herein provided 
  3.30  shall not draw interest from the condemner from the date of 
  3.31  payment or deposit, and upon final determination of any appeal 
  3.32  the total award of damages shall be reduced by the amount of the 
  3.33  partial or full payment.  If any partial or full payment exceeds 
  3.34  the amount of the award of compensation as finally determined, 
  3.35  the petitioner shall have a claim against the respondents 
  3.36  receiving such payment for the amount thereof, to be recoverable 
  4.1   in the same manner as in any civil action upon petitioner's 
  4.2   motion, final judgment must be entered in the condemnation 
  4.3   action in favor of the petitioner in the amount of the balance 
  4.4   owed to the petitioner and is recoverable within the original 
  4.5   condemnation action. 
  4.6      Sec. 4.  Minnesota Statutes 1996, section 161.45, is 
  4.7   amended by adding a subdivision to read: 
  4.8      Subd. 3.  [UTILITY INTERESTS WHEN REAL PROPERTY 
  4.9   CONVEYED.] In proceedings to vacate, transfer, turn back, or 
  4.10  otherwise convey an interest in real property owned or 
  4.11  controlled by the department, the commissioner may specify that 
  4.12  the conveyance of the department's interest does not affect a 
  4.13  prior, existing utility easement in the property or use of the 
  4.14  property granted to a utility under permit issued by the 
  4.15  department.  In addition, the commissioner may convey interests 
  4.16  in real property, including an easement, subject to the right of 
  4.17  a utility to enter upon the right-of-way to maintain, repair, 
  4.18  replace, reconstruct, improve, remove, or otherwise attend to 
  4.19  its equipment.  Where the utility had no preexisting easement 
  4.20  over the real property, this subdivision does not prohibit a 
  4.21  political subdivision, government agency, or private entity from 
  4.22  negotiating or contracting with a utility with regard to the 
  4.23  utility's easement or other interest in the property, but the 
  4.24  utility shall continue to hold the interest in the property and 
  4.25  the right of reasonable entry unless and until the utility 
  4.26  agrees in writing to relinquish its interests. 
  4.27     Sec. 5.  Minnesota Statutes 1996, section 272.115, is 
  4.28  amended to read: 
  4.29     272.115 [CERTIFICATE OF VALUE; FILING.] 
  4.30     Subdivision 1.  [REQUIREMENT.] Except as otherwise provided 
  4.31  in subdivision 5, whenever any real estate is sold for a 
  4.32  consideration in excess of $1,000, whether by warranty deed, 
  4.33  quitclaim deed, contract for deed or any other method of sale, 
  4.34  the grantor, grantee or the legal agent of either shall file a 
  4.35  certificate of value with the county auditor in the county in 
  4.36  which the property is located when the deed or other document is 
  5.1   presented for recording.  Contract for deeds are subject to 
  5.2   recording under section 507.235, subdivision 1.  Value shall, in 
  5.3   the case of any deed not a gift, be the amount of the full 
  5.4   actual consideration thereof, paid or to be paid, including the 
  5.5   amount of any lien or liens assumed.  The items and value of 
  5.6   personal property transferred with the real property must be 
  5.7   listed and deducted from the sale price.  The certificate of 
  5.8   value shall include the classification to which the property 
  5.9   belongs for the purpose of determining the fair market value of 
  5.10  the property.  The certificate shall include financing terms and 
  5.11  conditions of the sale which are necessary to determine the 
  5.12  actual, present value of the sale price for purposes of the 
  5.13  sales ratio study.  The commissioner of revenue shall promulgate 
  5.14  administrative rules specifying the financing terms and 
  5.15  conditions which must be included on the certificate.  Pursuant 
  5.16  to the authority of the commissioner of revenue in section 
  5.17  270.066, the certificate of value must include the social 
  5.18  security number or the federal employer identification number of 
  5.19  the grantors and grantees.  The identification numbers of the 
  5.20  grantors and grantees are private data on individuals or 
  5.21  nonpublic data as defined in section 13.02, subdivisions 9 and 
  5.22  12, but, notwithstanding that section, the private or nonpublic 
  5.23  data may be disclosed to the commissioner of revenue for 
  5.24  purposes of tax administration. 
  5.25     Subd. 2.  [FORM; INFORMATION REQUIRED.] The certificate of 
  5.26  value shall require such facts and information as may be 
  5.27  determined by the commissioner to be reasonably necessary in the 
  5.28  administration of the state education aid formulas.  The form of 
  5.29  the certificate of value shall be prescribed by the department 
  5.30  of revenue which shall provide an adequate supply of forms to 
  5.31  each county auditor. 
  5.32     Subd. 3.  [COPIES TRANSMITTED; HOMESTEAD STATUS.] The 
  5.33  county auditor shall transmit two true copies of the certificate 
  5.34  of value to the assessor who shall insert the most recent market 
  5.35  value and when available, the year of original construction of 
  5.36  each parcel of property on both copies and shall transmit one 
  6.1   copy to the department of revenue.  Upon the request of a city 
  6.2   council located within the county, a copy of each certificate of 
  6.3   value for property located in that city shall be made available 
  6.4   to the governing body of the city.  The assessor shall remove 
  6.5   the homestead classification for the following assessment year 
  6.6   from a property which is sold or transferred, unless the grantee 
  6.7   or the person to whom the property is transferred completes a 
  6.8   homestead application under section 273.124, subdivision 13, and 
  6.9   qualifies for homestead status. 
  6.10     Subd. 4.  [ELIGIBILITY FOR HOMESTEAD STATUS.] No real 
  6.11  estate sold or transferred on or after January 1, 1993, under 
  6.12  subdivision 1 shall be classified as a homestead, unless (1) a 
  6.13  certificate of value has been filed with the county auditor in 
  6.14  accordance with this section, or (2) the real estate was 
  6.15  conveyed by the federal government, the state, a political 
  6.16  subdivision of the state, or combination of them to a person 
  6.17  otherwise eligible to receive homestead classification of the 
  6.18  property. 
  6.19     This subdivision shall apply to any real estate taxes that 
  6.20  are payable the year or years following the sale or transfer of 
  6.21  the property. 
  6.22     Subd. 5.  [EXEMPTION FOR GOVERNMENT BODIES.] A certificate 
  6.23  of real estate value is not required when the real estate is 
  6.24  being conveyed to or by a public authority or agency of the 
  6.25  federal government, the state of Minnesota, a political 
  6.26  subdivision of the state, or any combination of them.