2016.09.19 CC Packet - Laserfiche WebLink

Home

(2) by paying market value for an AUTHORIZED PUBLIC PURPOSE Non -conservation tax -forfeited lands may be sold by the county board for their market value as determined by the county board, to an organized or incorporated governmental subdivision of the state for any public purpose for which the subdivision is authorized to acquire property. (M.S. 282.01, Subd. la, para. (b)) The governmental subdivision must apply to the county board for such a sale. For a governmental subdivision, the language reads: "...for any public purpose for which the subdivision is authorized to acquire property." (M.S. 282.01, Subd. la, para b). This means that the only restriction on the sale of tax -forfeited land to a governmental subdivision is that the parcel must be used for a purpose authorized by statute, law, or local charter. The parcel does not have to be available to the general public as it does if it is acquired free of charge. Access to the parcel may be limited to a select group of people as long as the purpose is authorized by statute, law, or local charter. Let's use the example to illustrate this point. A city wants to acquire a parcel of tax -forfeited land to build a parking lot next to the city's municipal garage. The parking lot is to be used exclusively by the city employees who work at the garage. The sale of the parcel to the city would not be disapproved. If It pays for the parcel, the city can use it for an employee parking lot. The general public does not have to have access to it. COUNTY BOARD APPROVAL. The county board may sell a parcel of tax -forfeited land to a governmental subdivision or state agency for an authorized public purpose. The verb, "may," indicates that the county board is responsible for approving or denying each purchase request. In order to make a decision, the county board has the right to require the governmental subdivision or state agency to submit a written application containing at least the following information: (1) a description of the proposed public purpose for which the parcel will be used, and (2) a citation for the statute, law, or charter provision that authorizes it to acquire property for the proposed public purpose. Before ruling on a sale, the county board may want to ask the following questions: (1) Is the proposed purpose authorized by statute, law, or local charter?, and (2) Will the proposed purpose serve the public interest as much or more than having the parcel back on the tax rolls? If both questions can be answered in the affirmative, the county board may choose to approve the request. Approvals should be confirmed by resolution. Unlike the "conditional use deed", the governmental subdivision or state agency does not need the approval of the Department of Revenue (DOR) to purchase a parcel of tax -forfeited land. The purchase request must be made directly to the county auditor and must be approved by the county board. NO RULE OF REVERSION FOR GOVT. PURCHASES. The rule of reversion (M.S. 282.01, Subd. lc -le) does not apply to the purchase of a parcel of tax -forfeited land by a governmental subdivision or state agency. Once the sale has been approved by the county board and the state deed has been recorded, the title does not have to be reconveyed to the state regardless of what the governmental subdivision does with the parcel 4