Subdivision 1. Conditions restricting transfer. When a deed or other instrument conveying a parcel of land is presented to the county auditor for transfer or division under sections 272.12, 272.16, and 272.161, the auditor shall not transfer or divide the land or its net tax capacity in the official records and shall not certify the instrument as provided in section 272.12, if:
(a) the land conveyed is less than a whole parcel of land as charged in the tax lists;
(b) the part conveyed appears within the area of application of municipal or county subdivision regulations adopted and filed under section 394.35 or section 462.36, subdivision 1; and
(c) the part conveyed is part of or constitutes a subdivision as defined in section 462.352, subdivision 12.
Subd. 2. Conditions allowing transfer. (a) Notwithstanding the provisions of subdivision 1, the county auditor may transfer or divide the land and its net tax capacity and may certify the instrument if the instrument contains a certification by the clerk of the municipality or designated county planning official:
(1) that the municipality's or county's subdivision regulations do not apply;
(2) that the subdivision has been approved by the governing body of the municipality or county; or
(3) that the restrictions on the division of taxes and filing and recording have been waived by resolution of the governing body of the municipality or county in the particular case because compliance would create an unnecessary hardship and failure to comply would not interfere with the purpose of the regulations.
(b) If any of the conditions for certification by the municipality or county as provided in this subdivision exist and the municipality or county does not certify that they exist within 24 hours after the instrument of conveyance has been presented to the clerk of the municipality or designated county planning official, the provisions of subdivision 1 do not apply.
(c) If an unexecuted instrument is presented to the municipality or county and any of the conditions for certification by the municipality or county as provided in this subdivision exist, the unexecuted instrument must be certified by the clerk of the municipality or the designated county planning official.
Subd. 3. Applicability of restrictions. (a) This section does not apply to the exceptions set forth in section 272.12.
(b) This section applies only to land within municipalities or counties which choose to be governed by its provisions. A municipality or county may choose to have this section apply to the property within its boundaries by filing a certified copy of a resolution of its governing body making that choice with the auditor and recorder of the county in which it is located.
1982 c 564 s 1; 1983 c 239 s 1,2; 1986 c 444; 1988 c 719 art 5 s 84; 1989 c 329 art 13 s 20; 1Sp2017 c 1 art 2 s 8
Structure Minnesota Statutes
Chapters 272 - 289 — Property Taxes
Chapter 272 — Taxation, General Provisions
Section 272.01 — Property Subject To Taxation.
Section 272.011 — State-owned Property Used For Housing Officers Or Employees.
Section 272.02 — Exempt Property.
Section 272.021 — Property Of Volunteer Fire Department Exempt From Taxation.
Section 272.0211 — Sliding Scale Market Value Exclusion For Electric Power Generation Efficiency.
Section 272.0212 — Border Development Zone Property.
Section 272.0213 — Leased Seasonal-recreational Land.
Section 272.025 — Filing Requirement.
Section 272.027 — Personal Property Used To Generate Electricity For Production And Resale.
Section 272.028 — Payment In Lieu Of Production Tax; Wind Generation Facilities.
Section 272.029 — Wind Energy Production Tax.
Section 272.0295 — Solar Energy Production Tax.
Section 272.04 — Mineral, Gas, Coal, And Oil Owned Apart From Land; Space Above And Below Surface.
Section 272.06 — Legality Presumed.
Section 272.08 — Interest On Unpaid Taxes.
Section 272.10 — Right To Assess And Collect; Limitation.
Section 272.11 — Expenses Of Reassessment.
Section 272.115 — Certificate Of Value; Filing.
Section 272.12 — Conveyances, Taxes Paid Before Recording.
Section 272.121 — Current Tax On Divided Parcels.
Section 272.122 — Electronic Facsimile.
Section 272.14 — Transfer Of Undivided Interest.
Section 272.15 — Deed To Correct Title.
Section 272.16 — Transfer Of Specific Part.
Section 272.161 — Determination Of Net Tax Capacity Of Specific Part Of Land Transferred.
Section 272.162 — Restrictions On Transfers Of Specific Parts.
Section 272.17 — List Of Certificates Of Sale Filed With Auditor.
Section 272.19 — Platting Of Irregular Tracts.
Section 272.191 — Irregular Tracts Of Land, Code System Of Describing.
Section 272.193 — Numbering Tracts.
Section 272.195 — Legal Description.
Section 272.196 — Certified Copies, Filing, Exceptions.
Section 272.20 — Railroad Lands Becoming Taxable; Lists Of Lands Reverting To Railroads.
Section 272.21 — Railroad Lands; Sale.
Section 272.22 — When Stock Represents Lands.
Section 272.23 — Taxability In Litigation.
Section 272.24 — Company To Report Transfers.
Section 272.28 — Counties Having Bonded Debt; Sinking Fund; Tax.
Section 272.29 — Governor May Suspend Or Remove.
Section 272.30 — Actions Against Officers; Expense Of County.
Section 272.31 — Lien Of Real Estate Taxes.
Section 272.32 — Assessments For Local Improvements In Cities.
Section 272.33 — Assessments For Local Improvements In Cities Of First Class.
Section 272.38 — Structures, Standing Timber, Or Minerals Not To Be Removed.
Section 272.39 — Structures, Timber, Or Minerals May Be Seized.
Section 272.42 — Violations; Liability.
Section 272.43 — Real Estate Tax Judgment; No Limitation.
Section 272.435 — Notice Of Tax Payments To Mortgagors And Contract Vendees.
Section 272.44 — Taxes Paid By Lienholders Are Added To Lien.
Section 272.46 — Auditor To Furnish Statement Of Tax Liens And Tax Sales; Fees; Application.
Section 272.481 — Place Of Filing.
Section 272.482 — Execution Of Notices And Certificates.
Section 272.483 — Duties Of Filing Officer.
Section 272.485 — Uniformity Of Application And Construction.
Section 272.486 — Short Title.
Section 272.488 — Computerized Filing Of Tax Liens And Notices.
Section 272.58 — Enforcement Of Taxes Reciprocally In Courts Of This And Other States.
Section 272.67 — Division Of Land In Cities Into Rural And Urban Districts.
Section 272.68 — Payment Of Taxes And Assessments On Property Acquired By The State.
Section 272.71 — Tif Properties; Notice Of Potential Valuation Reductions.