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67 MINNESOTA STATUTES 2010 469.065 <br /> corporations, federal or state agencies, and governmental units under terms and conditions the <br /> port authority considers appropriate. A governmental unit in the state may apply, contract for, <br /> and receive the loans. Chapter 475 does not apply to the loans. <br /> History: 1987 c 291 s 65 <br /> 469.065 SALE OF PROPERTY. <br /> Subdivision 1. Power.A port authority may sell and convey property owned by it within a <br /> port or industrial district if it determines that the sale and conveyance are in the best interests of <br /> the district and its people, and that the transaction furthers its general plan of port improvement, <br /> or industrial development, or both. This section is not limited by other law on powers of port <br /> authorities. <br /> Subd. 2. Notice; hearing.A port authority shall hold a hearing on the sale. At the hearing a <br /> taxpayer may testify for or against the sale. At least ten,but not more than 20, days before the <br /> hearing the authority shall publish notice of the hearing on the proposed sale in a newspaper. The <br /> newspaper must be published and of general circulation in the port authority's county and port <br /> district. The notice must describe the property to be sold and state the time and place of the <br /> hearing. The notice must also state that the public may see the terms and conditions of the sale at <br /> the authority's office and that at the hearing the authority will meet to decide if the sale is advisable. <br /> Subd. 3. Decision; appeal. The port authority shall make its findings and decision on <br /> whether the sale is advisable and enter its decision on its records within 30 days of the hearing.A <br /> 410 taxpayer may appeal the decision by filing a notice of appeal with the district court in the port or <br /> industrial district's county and serving the notice on the secretary of the port authority,within 20 <br /> days after the decision is entered. The only ground for appeal is that the action of the authority <br /> was arbitrary, capricious, or contrary to law. <br /> Subd. 4. Terms. The terms and conditions of sale of the property must include the use that <br /> the bidder will be allowed to make of it. The authority may require the purchaser to file security <br /> to assure that the property will be given that use. In deciding the sale terms and conditions the <br /> port authority may consider the nature of the proposed use and the relation of the use to the <br /> improvement of the harbor,the riverfront, and the port authority's city and the business and the <br /> facilities of the port authority in general. The sale must be made on the port authority's terms and <br /> conditions. The port authority may publish an advertisement for bids on the property at the same <br /> time and in the same manner as the notice of hearing required in this section. The authority may <br /> award the sale to the bid considered by it to be most favorable considering the price and the <br /> specified intended use. The port authority also may sell the property at private sale at a negotiated <br /> price if after its hearing the authority considers that sale to be in the public interest and to further <br /> the aims and purposes of sections 469.048 to 469.068. <br /> Subd. 5. One-year deadline. Within one year from the date of purchase,the purchaser shall <br /> devote the property to its intended use or begin work on the improvements to the property to <br /> devote it to that use. If the purchaser fails to do so,the port authority may cancel the sale and <br /> title to the property shall return to it. The port authority may extend the time to comply with a <br /> condition if the purchaser has good cause. The terms of sale may contain other provisions that the <br /> • port authority considers necessary and proper to protect the public interest. A purchaser must not <br /> transfer title to the property within one year of purchase without the consent of the port authority. <br /> Subd. 6. Covenant running with the land.A sale made under this section must incorporate <br /> Copyright©2010 by the Office of the Revisor of Statutes,State of Minnesota.All Rights Reserved. <br />