1.1 	A bill for an act
1.2 	relating to agriculture; limiting the sale or lease of
1.3 	certain agricultural land for nonpublic use if the
1.4 	land was acquired by eminent domain within the
1.5 	previous five years; proposing coding for new law in
1.6 	Minnesota Statutes, chapter 40A.
1.7 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8 	Section 1. [40A.126] LIMITATIONS ON SALE OR LEASE OF
1.9 	AGRICULTURAL LAND ACQUIRED BY EMINENT DOMAIN.
1.10 		Subdivision 1.Definitions. (a) The definitions in this
1.11 	subdivision apply to this section.
1.12 	(b) "Acquiring authority" means any entity authorized by
1.13 	law to exercise the power of eminent domain.
1.14 	(c) "Agricultural land" means land outside the counties of
1.15 	Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington
1.16 	that falls within any of the following definitions:
1.17 	agricultural land, as defined in section 17.81, subdivision 3;
1.18 	41C.02, subdivision 4; 500.221, subdivision 1; or 500.24,
1.19 	subdivision 2, paragraph (g); land in agricultural use as
1.20 	defined in section 40A.02, subdivision 3; or farm land as
1.21 	defined in section 41.52, subdivision 6.
1.22 	(d) "Nonpublic use" means privately owned or used for a
1.23 	nongovernmental purpose, and includes, but is not limited to,
1.24 	commercial and industrial purposes, private schools, and
1.25 	privately owned housing.
1.26 	(e) "Public use" means publicly owned for a governmental
2.1 	purpose, and includes, but is not limited to, public schools,
2.2 	public hospitals, public roads, utility infrastructure, parks
2.3 	and open space, government buildings, and publicly owned housing.
2.4 		Subd. 2.No sale or lease; exceptions. (a) An acquiring
2.5 	authority must not sell, lease, or otherwise transfer to another
2.6 	person any interest in land acquired through eminent domain that
2.7 	was in use as agricultural land at some point during the five
2.8 	years immediately before the eminent domain award was made.
2.9 	This restriction applies for five years from the date of the
2.10 	eminent domain award.
2.11 	(b) Paragraph (a) does not prohibit the sale or lease
2.12 	within the five-year period of land to another governmental
2.13 	entity for a public use.
2.14 	(c) Paragraph (a) does not prohibit the short-term lease of
2.15 	the land for agricultural purposes.
2.16 		Subd. 3.Sale or lease priorities after five years. If
2.17 	more than five years after the date of the eminent domain award
2.18 	the acquiring authority determines it does not need the land for
2.19 	a public use, part or all of the land may be sold or leased for
2.20 	a nonpublic use according to the priorities in this subdivision.
2.21 	(a) The land must first be offered for sale to the person
2.22 	from whom the acquiring authority took the land.  The price must
2.23 	be no more than the amount of the award paid less the amount
2.24 	that person paid in attorney fees and other costs and fees in
2.25 	the eminent domain action.  The offer must remain open for at
2.26 	least ... months.
2.27 	(b) Land that is not sold under paragraph (a) must be
2.28 	offered at public sale for use as agricultural land, subject to
2.29 	a restriction that the land must be used as agricultural land
2.30 	for at least ... years after the sale.  The land must be sold
2.31 	for its fair market value.  The land must be offered under this
2.32 	paragraph for at least ... months or until a sale is completed,
2.33 	whichever comes first.
2.34 	(c) Land that is not sold under paragraph (a) or (b) may be
2.35 	leased or sold at public sale, but not for less than the fair
2.36 	market value.