Laserfiche WebLink
<br />Minnesota Statutes 1997, 462.359 <br /> <br />Page 1 of2 <br /> <br />Minnesota Statutes 1997, Table of Chapters <br /> <br />Table of contents for Chapter 462 <br /> <br />462.359 Procedure for plan effectuation; official maps. <br /> <br />Subdivision 1. Statement of purpose. Land that is <br />needed for future street purposes and as sites for other <br />necessary public facilities and services is frequently diverted <br />to nonpublic uses which could have been located on other lands <br />without hardship or inconvenience to the owners. When this <br />happens, public uses of land may be denied or may be obtained <br />later only at prohibitive cost or at the expense of dislocating <br />the owners and occupants of the land. Identification on an <br />official map of land needed for future public uses permits both <br />the public and private property owners to adjust their building <br />plans equitably and conveniently before investments are made <br />which will make such adjustments difficult to accomplish. <br /> <br />Subd. 2. Adoption. After the planning agency has <br />adopted a major thoroughfare plan and a community facilities <br />plan, it may, for the purpose of carrying out the policies of <br />the major thoroughfare plan and community facilities plan, <br />prepare and recommend to the governing body a proposed official <br />map covering the entire municipality or any portion thereof. <br />The governing body may, after holding a public hearing, adopt <br />and amend the official map by ordinance. A notice of the time, <br />place and purpose of the hearing shall be published in the <br />official newspaper of the municipality at least ten days prior <br />to the date of the hearing. The official map or maps shall be <br />prepared in sufficient detail to permit the establishment of the <br />future acquisition lines on the ground. In unplatted areas a <br />minimum of a centerline survey shall have been made prior to the <br />preparation of the final draft of the official map. The <br />accuracy of the future acquisition lines shown on the official <br />map shall be attested to by a registered land surveyor. After <br />adoption, a copy of the official map, or sections thereof with a <br />copy of the adopting ordinance attached shall be filed with the <br />county recorder as provided in sections 462.351 to 462.364. <br /> <br />Subd. 3. Effect. After an official map has been <br />adopted and filed, the issuance of building permits by the <br />municipality shall be subject to the provisions of this <br />section. Whenever any street or highway is widened or improved <br />or any new street is opened, or interests in lands for other <br />public purposes are acquired by the municipality, it is not <br />required in such proceedings to pay for any building or <br />structure placed without a permit or in violation of conditions <br />of a permit within the limits of the mapped street or outside of <br />any building line that may have been established upon the <br />existing street or within any area thus identified for public <br />purposes. The adoption of an official map does not give the <br />municipality any right, title, or intere~t in areas identified <br />for public purposes thereon, but the adoption of the map does <br />authoLi~e the municipality to acquire such interests without <br />paying compensation for buildings or structures erected in such <br />areas without a permit or in violation of the conditions of a <br />permit. <br /> <br />Subd. 4. Appeals. If a land use or zoning permit or <br />approval for a building in such location is denied, the board of <br /> <br />http://www.revisor.leg.state.mn.us/st97/462/3 59. html <br /> <br />10/8/98 <br />