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<br />NDU-07-2002 13:59 <br /> <br />RCRD-CIUIL DIUISIDN <br /> <br />6512663032 <br /> <br />-s '\:.- <br /> <br /> <br />OFFICE OF THE RAMSEY COUNTY ATIORNEY <br /> <br />SUITE 315 <br />50 WEST KELLOGG BOULEVARD <br />ST. PAUL. MINNESOTA 55102.1657 <br />SUSAN GAERTNER <br />County Anorney <br /> <br />MEMO TO: <br /> <br />Terry Lindeke, Director, Intergovernmental Relations <br />Nick Riley, Intergovernmental R. e1ati~ns specialisYJ. <br /> <br />Darwin 1. Lookingbill, Director, Civil DiViSiO~) <br />July 14, 1997 . <br /> <br />FROM: <br /> <br />DATE: <br /> <br />RE: <br /> <br />Ramsey County Deed and Mortgage Tax <br /> <br />During the last session of the legislature, Minn. Stat. 9 383A was amended to add a new <br />section authorizing Ramsey County to impose a mortgage registry and deed tax. The <br />proceeds of the tax are required to be deposited in an envirorunental response fund. You <br />have asked whether the Ramsey Connty. Board needs to approve this legislation before it <br />becomes effective. In addition, you have asked for guidance on the use of the funds <br />raised by the tax, <br /> <br />Although the amendment to Minn. Stat. S 383A is clearly a special law and special laws <br />ordinarily require approval of the governing body of the local governmental nnit, this <br />amendment appears to fall within an exception to the general rule. Minn. Stat. S 645.023 <br />provides that a special law becomes effective without the approval of the affected local <br />governmental unit if it "enables one or more local governmental units to exercise <br />authority not granted by general law." Because there is no general law that allows <br />counties to enact mortgage registry and deed taxes, this section would apply, As a result, <br />the law will become effective on August I, 1997, regardless of any action by the Ramsey <br />County Board. <br /> <br />With respect to the expenditure of funds raised by the tax, Subd. 2 of the Act is the <br />governing provision. That subdivision specifies that the funds must be used for: <br /> <br />(1) acquisition through purchase or condemnation oflands or property which are <br />polluted or contaminated with hazardous substances; <br /> <br />/10 <br /> <br />AdministtatiorJJuvenilc.Family Violence/Criminal (6]2) 266-3222 . FAX: (612) 266-30]0 <br />Civil/Human SeIVices(612) 266-3111 . FAX: (612) 266-3032 <br /> <br />P.02 <br /> <br />~ .~. . <br /> <br />e <br /> <br />. <br /> <br />, <br /> <br />. <br />