Subdivision 1. MS 1994 [Renumbered 473.166]
Subd. 2. Loans for acquisition. (a) The council may make loans to counties, towns, and statutory and home rule charter cities within the metropolitan area for the purchase of property within the right-of-way of a state trunk highway shown on an official map adopted pursuant to section 394.361 or 462.359 or for the purchase of property within the proposed right-of-way of a principal or intermediate arterial highway designated by the council as a part of the metropolitan highway system plan and approved by the council pursuant to section 473.166. The loans shall be made by the council, from the fund established pursuant to this subdivision, for purchases approved by the council. The loans shall bear no interest.
(b) The council shall make loans only:
(1) to accelerate the acquisition of primarily undeveloped property when there is a reasonable probability that the property will increase in value before highway construction, and to update an expired environmental impact statement on a project for which the right-of-way is being purchased;
(2) to avert the imminent conversion or the granting of approvals which would allow the conversion of property to uses which would jeopardize its availability for highway construction;
(3) to advance planning and environmental activities on highest priority major metropolitan river crossing projects, under the transportation development guide chapter/policy plan; or
(4) to take advantage of open market opportunities when developed properties become available for sale, provided all parties involved are agreeable to the sale and funds are available.
(c) The council shall not make loans for the purchase of property at a price which exceeds the fair market value of the property or which includes the costs of relocating or moving persons or property. The eminent domain process may be used to settle differences of opinion as to fair market value, provided all parties agree to the process.
(d) A private property owner may elect to receive the purchase price either in a lump sum or in not more than four annual installments without interest on the deferred installments. If the purchase agreement provides for installment payments, the council shall make the loan in installments corresponding to those in the purchase agreement. The recipient of an acquisition loan shall convey the property for the construction of the highway at the same price which the recipient paid for the property. The price may include the costs of preparing environmental documents that were required for the acquisition and that were paid for with money that the recipient received from the loan fund. Upon notification by the council that the plan to construct the highway has been abandoned or the anticipated location of the highway changed, the recipient shall sell the property at market value in accordance with the procedures required for the disposition of the property. All rents and other money received because of the recipient's ownership of the property and all proceeds from the conveyance or sale of the property shall be paid to the council. If a recipient is not permitted to include in the conveyance price the cost of preparing environmental documents that were required for the acquisition, then the recipient is not required to repay the council an amount equal to 40 percent of the money received from the loan fund and spent in preparing the environmental documents.
(e) The proceeds of the tax authorized by subdivision 3, all money paid to the council by recipients of loans, and all interest on the proceeds and payments shall be maintained as a separate fund. For administration of the loan program, the council may expend from the fund each year an amount no greater than three percent of the amount of the proceeds for that year.
Subd. 2a. Loans for acquisition and relocation. (a) The council may make loans to acquiring authorities within the metropolitan area to purchase homestead property located in a proposed state trunk highway right-of-way or project, and to provide relocation assistance. Acquiring authorities are authorized to accept the loans and to acquire the property. Except as provided in this subdivision, the loans shall be made as provided in subdivision 2. Loans shall be in the amount of the fair market value of the homestead property plus relocation costs and less salvage value. Before construction of the highway begins, the acquiring authority shall convey the property to the commissioner of transportation at the same price it paid, plus relocation costs and less its salvage value. Acquisition and assistance under this subdivision must conform to sections 117.50 to 117.56.
(b) The council may make loans only when:
(1) the owner of affected homestead property requests acquisition and relocation assistance from an acquiring authority;
(2) federal or state financial participation is not available;
(3) the owner is unable to sell the homestead property at its appraised market value because the property is located in a proposed state trunk highway right-of-way or project as indicated on an official map or plat adopted under section 160.085, 394.361, or 462.359; and
(4) the council agrees to and approves the fair market value of the homestead property, which approval shall not be unreasonably withheld.
(c) For purposes of this subdivision, the following terms have the meanings given them.
(1) "Acquiring authority" means counties, towns, and statutory and home rule charter cities in the metropolitan area.
(2) "Homestead property" means: (i) a single-family dwelling occupied by the owner, and the surrounding land, not exceeding a total of ten acres; or (ii) a manufactured home, as defined in section 327B.01, subdivision 13.
(3) "Salvage value" means the probable sale price of the dwelling and other property that is severable from the land if offered for sale on the condition that it be removed from the land at the buyer's expense, allowing a reasonable time to find a buyer with knowledge of the possible uses of the property, including separate use of serviceable components and scrap when there is no other reasonable prospect of sale.
Subd. 3. Tax. The council may levy a tax on all taxable property in the metropolitan area, as defined in section 473.121, to provide funds for loans made pursuant to subdivisions 2 and 2a. This tax for the right-of-way acquisition loan fund shall be certified by the council, levied, and collected in the manner provided by section 473.13. The tax shall be in addition to that authorized by section 473.249 and any other law and shall not affect the amount or rate of taxes which may be levied by the council or any metropolitan agency or local governmental unit. The amount of the levy shall be as determined and certified by the council, provided that the tax levied by the Metropolitan Council for the right-of-way acquisition loan fund shall not exceed $2,828,379 for taxes payable in 2004 and $2,828,379 for taxes payable in 2005. The amount of the levy for taxes payable in 2006 and subsequent years shall not exceed the product of (1) the Metropolitan Council's property tax levy limitation under this subdivision for the previous year, multiplied by (2) one plus a percentage equal to the growth in the implicit price deflator as defined in section 275.70, subdivision 2.
Subd. 3a. [Repealed, 1996 c 464 art 1 s 12]
Subd. 4. State review. The commissioner of revenue shall certify the council's levy limitation under this section to the council by August 1 of the levy year. The council must certify its proposed property tax levy to the commissioner of revenue by September 1 of the levy year. The commissioner of revenue shall annually determine whether the property tax for the right-of-way acquisition loan fund certified by the Metropolitan Council for levy following the adoption of its proposed budget is within the levy limitation imposed by this section. The determination must be completed prior to September 10 of each year. If current information regarding market valuation in any county is not transmitted to the commissioner in a timely manner, the commissioner may estimate the current market valuation within that county for purposes of making the calculation.
Subd. 5. [Repealed, 1996 c 464 art 1 s 12]
1975 c 13 s 15; 1976 c 166 s 7; 1982 c 520 s 4; 1984 c 654 art 3 s 111; 1985 c 47 s 1,2; 1985 c 248 s 70; 1986 c 444; 1986 c 460 s 21; 1988 c 675 s 6-9; 1989 c 306 s 5-7; 1Sp1989 c 1 art 9 s 66; 1993 c 353 s 3; 1993 c 375 art 7 s 17; 1994 c 416 art 1 s 52; 1994 c 628 art 3 s 48; 1994 c 640 s 3; 1995 c 255 art 2 s 5-7; 1996 c 464 art 1 s 2-4; 1Sp2003 c 21 art 4 s 8; 2009 c 86 art 1 s 71; 2010 c 351 s 61
Structure Minnesota Statutes
Chapters 473 - 473J — Metropolitan Area
Chapter 473 — Metropolitan Government
Section 473.121 — Definitions.
Section 473.123 — Metropolitan Council.
Section 473.125 — Regional Administrator.
Section 473.127 — Advisory Committees.
Section 473.129 — Powers Of Metropolitan Council.
Section 473.1293 — Energy Forward Pricing Mechanisms.
Section 473.13 — Budget, Financial Aid.
Section 473.132 — Short-term Indebtedness.
Section 473.142 — Small Businesses.
Section 473.1425 — Working Capital Fund.
Section 473.143 — Affirmative Action Plans.
Section 473.144 — Certificates Of Compliance For Contracts.
Section 473.145 — Development Guide.
Section 473.146 — Policy Plans For Metropolitan Agencies.
Section 473.1466 — Transportation System Performance Evaluation.
Section 473.1467 — No Spending For Certain Rail Projects.
Section 473.147 — Regional Recreation Open Space System Policy Plan.
Section 473.149 — Solid Waste Comprehensive Planning.
Section 473.1565 — Metropolitan Area Water Supply Planning Activities; Advisory Committees.
Section 473.157 — Water Resources Plan.
Section 473.1631 — Legislative Review.
Section 473.164 — Sports, Airport Commissions To Pay Council Costs.
Section 473.165 — Council Review; Independent Commission, Board, Agency.
Section 473.166 — Controlled Access; Approval.
Section 473.167 — Highway Projects.
Section 473.168 — Freeway Exclusive Lanes.
Section 473.171 — Council Review; Applications For Federal And State Aid.
Section 473.173 — Council Review; Metropolitan Significance.
Section 473.175 — Review Of Comprehensive Plans.
Section 473.181 — Additional Council Review.
Section 473.191 — Local Planning Assistance.
Section 473.192 — Aircraft Noise Attenuation.
Section 473.194 — Definitions.
Section 473.195 — Housing And Redevelopment Authority Powers.
Section 473.197 — Housing Bond Credit Enhancement Program.
Section 473.199 — Effect On A Municipal Or County Hra.
Section 473.201 — Allocate Local Project Costs; Seek, Get U.s. Grants.
Section 473.206 — Local Ordinances.
Section 473.208 — Cooperation.
Section 473.223 — Federal Aid.
Section 473.24 — Population Estimates.
Section 473.242 — Urban Research.
Section 473.246 — Council's Submissions To Legislative Commission.
Section 473.25 — Livable Communities Criteria And Guidelines.
Section 473.251 — Metropolitan Livable Communities Fund.
Section 473.252 — Tax Base Revitalization Account.
Section 473.253 — Livable Communities Demonstration Account.
Section 473.254 — Local Housing Incentives Account.
Section 473.255 — Inclusionary Housing Account.
Section 473.301 — Definitions.
Section 473.302 — Regional Recreation Open Space System; Purpose.
Section 473.303 — Metropolitan Parks And Open Space Commission.
Section 473.313 — Master Plans.
Section 473.315 — Grants For Recreation Open Space.
Section 473.325 — Sales Of G.o. Refunding Bonds.
Section 473.331 — Local Acquisition.
Section 473.334 — Special Assessment; Agreement.
Section 473.341 — Tax Equivalents.
Section 473.351 — Metropolitan Area Regional Parks Funding.
Section 473.371 — Policy; Goals.
Section 473.375 — Powers And Duties Of Council; Advisory Committee.
Section 473.385 — Transit Service Areas.
Section 473.386 — Special Transportation Service.
Section 473.387 — Special Transportation Markets.
Section 473.3875 — Transit For Livable Communities.
Section 473.388 — Replacement Service Program.
Section 473.39 — Borrowing Money.
Section 473.391 — Route Planning And Scheduling.
Section 473.3925 — Bus Purchases.
Section 473.3927 — Zero-emission And Electric Transit Vehicles.
Section 473.399 — Transit Ways; Light Rail Transit And Commuter Rail In The Metropolitan Area.
Section 473.3993 — Light Rail Transit Facility Plans; Definitions.
Section 473.3994 — Light Rail Transit; Design Plans.
Section 473.3995 — Light Rail Transit; Design-build Method.
Section 473.3997 — Federal Funding; Light Rail Transit.
Section 473.3999 — Light Rail Transit Construction; Council Authority.
Section 473.4051 — Light Rail Transit Construction And Operation.
Section 473.4052 — Right-of-way Use; Contracts; Liability.
Section 473.4055 — Regulation Of Light Rail Transit Warning Signals.
Section 473.4056 — Light Rail Transit Vehicle Design.
Section 473.4057 — Commuter Rail Operation And Maintenance.
Section 473.407 — Metropolitan Transit Police.
Section 473.408 — Fare Policy.
Section 473.409 — Agreements With Council; Encouragement Of Transit Use.
Section 473.41 — Transit Shelters And Stops.
Section 473.411 — Transit And Highway Systems.
Section 473.415 — Acquired Systems: Council Obligation; Worker Rights.
Section 473.416 — Rights Of System Workers In Takeover Of Transit System.
Section 473.42 — Employer Contributions For Certain Employees.
Section 473.436 — Council; Borrowing Money.
Section 473.446 — Transit Tax Levies.
Section 473.4461 — Additions To Transit Taxing District.
Section 473.448 — Transit Assets Exempt From Tax But Must Pay Assessments.
Section 473.4485 — Metropolitan Area Transit Investment.
Section 473.449 — Act Exclusive.
Section 473.452 — Transit Operating Reserves; Report.
Section 473.501 — Definitions.
Section 473.504 — Wastewater Services, Powers.
Section 473.505 — Total Watershed Management.
Section 473.511 — Sewer Service Function.
Section 473.5111 — Transfer, Disposal Of Nonmetropolitan Interceptor.
Section 473.512 — Pension Exclusion For Certain Labor Service Employees.
Section 473.513 — Municipal Plans And Programs.
Section 473.515 — Sewage Collection And Disposal; Powers.
Section 473.5155 — Violation Of Wastewater Law; Remedies, Penalties.
Section 473.516 — Waste Facilities; Sewage Sludge Disposal.
Section 473.517 — Allocation Of Costs.
Section 473.519 — 1972 U.s. Water Pollution Control Act: Use Charge Shares.
Section 473.521 — Payments To Council.
Section 473.523 — Construction Contracts Subject To Municipal Bid Law.
Section 473.524 — Capital Intensive Public Services.
Section 473.541 — Debt Obligations.
Section 473.542 — Depositories.
Section 473.543 — Moneys, Accounts And Investments.
Section 473.545 — Property Exempt From Taxation.
Section 473.549 — Relation To Existing Laws.
Section 473.551 — Definitions.
Section 473.552 — Legislative Policy; Purpose.
Section 473.553 — Commission; Membership; Administration.
Section 473.556 — Powers Of Commission.
Section 473.561 — Exemption From Council Review.
Section 473.564 — Metropolitan Sports Area.
Section 473.565 — Post 1977 Service In Msrs; Exceptions.
Section 473.572 — Revised Final Determination.
Section 473.581 — Debt Obligations.
Section 473.592 — Tax Revenues.
Section 473.595 — Commission Finances.
Section 473.596 — Highway User Tax Fund For Metrodome Access; Limits.
Section 473.598 — Arena Acquisition.
Section 473.599 — Debt Obligations.
Section 473.5995 — Football Stadium Account.
Section 473.601 — Definitions.
Section 473.602 — Declaration Of Purposes.
Section 473.6021 — Public Necessity And Purpose For Bonds.
Section 473.603 — Metropolitan Airports Commission; Powers; Structure.
Section 473.604 — Membership, Government.
Section 473.605 — Organization; Corporate Seal; Bylaws.
Section 473.608 — Powers Of Corporation.
Section 473.609 — Condemnation For Preexisting Airport Property.
Section 473.611 — Plans To Be Consistent With Development Guide.
Section 473.614 — Environmental Review.
Section 473.621 — Powers Of Corporation.
Section 473.622 — Existing Airports; Control, Jurisdiction.
Section 473.625 — Detaching Major Airport Land From City, School District.
Section 473.626 — Value And Assessment Of Taxable Detached Property.
Section 473.627 — Tax For Police, Fire, Streets, Parking.
Section 473.629 — Value Of Property For Bond Issues By School Districts.
Section 473.631 — Boundaries Of Major Airport.
Section 473.638 — Control Measure Involving Taking.
Section 473.64 — Governments In Airport Development Area; Tax Sharing.
Section 473.641 — New Airport; Public Hearing.
Section 473.651 — Rentals Fixed.
Section 473.652 — Construction Work.
Section 473.653 — Restrictions On Certain Airports.
Section 473.655 — Public And Governmental Purposes.
Section 473.661 — Budget Specifying Amounts For Separate Items.
Section 473.662 — Earnings, How Applied.
Section 473.665 — Bonds, Issuance.
Section 473.666 — Bonds, Legal Investments For Public Funds.
Section 473.667 — General Obligation Revenue Financing.
Section 473.6671 — Revenue Bonds.
Section 473.668 — Municipalities To Guarantee Bonds Of Commission.
Section 473.671 — Limit Of Tax Levy.
Section 473.672 — Metropolitan Area Tax Levy.
Section 473.675 — Legal Proceedings.
Section 473.679 — Construction Of Law.
Section 473.685 — Airport Parking Space Customer Data.
Section 473.701 — Definitions.
Section 473.702 — Establishment Of District; Purpose; Area; Governing Body.
Section 473.704 — Powers And Duties.
Section 473.705 — Contracts For Materials, Supplies And Equipment.
Section 473.706 — Adverse Interest Of Commissioners.
Section 473.711 — Financing; Budget And Tax Levies.
Section 473.712 — Withdrawal; Assets.
Section 473.714 — Compensation Of Commissioners.
Section 473.715 — Contiguous Counties; Membership.
Section 473.716 — Cooperation With Other Agencies; Advisors.
Section 473.751 — Definitions.
Section 473.753 — Property Tax Exemption; Special Assessments.
Section 473.754 — Employees And Vendors.
Section 473.755 — Minnesota Ballpark Authority.
Section 473.756 — Powers Of Authority.
Section 473.757 — County Activities; Bonds; Taxes.
Section 473.758 — Implementation.
Section 473.759 — Criteria And Conditions.
Section 473.76 — Metropolitan Sports Facilities Commission.
Section 473.761 — City Requirements.
Section 473.762 — Local Taxes.
Section 473.763 — Community Ownership.
Section 473.801 — Definitions.
Section 473.8011 — Metropolitan Agency Recycling Goal.
Section 473.803 — Metropolitan County Planning.
Section 473.804 — Household Hazardous Waste Management.
Section 473.811 — Waste Management By Counties, Defined Local Units.
Section 473.812 — Records; Inspection.
Section 473.813 — Cities, Counties, Towns; Solid Waste Contracts.
Section 473.823 — Rules And Permits.
Section 473.834 — Debt Service; Solid Waste Bonds.
Section 473.842 — Definitions.
Section 473.843 — Metropolitan Solid Waste Landfill Fee.
Section 473.844 — Metropolitan Landfill Abatement Fund.
Section 473.8441 — Local Recycling Development Program.
Section 473.845 — Metropolitan Landfill Contingency Action Account.
Section 473.846 — Report To Legislature.
Section 473.847 — Operator Or Owner Liability For Response Expenses.
Section 473.848 — Restriction On Disposal.
Section 473.849 — Prohibition; Solid Waste Disposal.
Section 473.851 — Legislative Findings And Purpose.
Section 473.852 — Definitions.
Section 473.853 — Advisory Committee.
Section 473.856 — Metropolitan System Statements; Amendments.
Section 473.857 — System Statements; Reconciliation Procedures.
Section 473.858 — Comprehensive Plans; Local Governmental Units.
Section 473.859 — Comprehensive Plan Content.
Section 473.862 — Metro Counties Other Than Hennepin, Ramsey, Anoka, And Dakota.
Section 473.864 — Plans; Adoption; Amendment.
Section 473.865 — Adoption; Conflicts, Amendment Of Controls, Devices.
Section 473.866 — Contested Cases; Administrative And Judicial Review.
Section 473.867 — Planning Assistance; Grants; Loans.
Section 473.87 — Levy For Increased Costs.
Section 473.871 — New Municipal Sewer Systems.
Section 473.910 — Midtown Planning And Coordination Board.