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2003 Minnesota Attorney General Reports and Opinions [i] (2003)

handle is hein.sag/sagmn0001 and id is 1 raw text is: COUNTIES: PLANNING AND ZONING: SUBDIVISION REGULATIONS: FEES: County may not prevent recording of all land conveyance documents that do not comply with county land use controls and fee requirements. Minn. Stat. §§ 272.12, 272.121, 394.37. 125a-66 August 12, 2003 Christopher J. Strandlie Assistant County Attorney Cass County Attorney's Office PO Box 3000 303 Minnesota Avenue Walker, MN 56484-3000 Dear Mr. Strandlie: Thank you for your correspondence of May 29, 2003. BACKGROUND You state that the present practice in Cass County is for a land title document to be submitted for recording to the county auditor/treasurer. The auditor/treasurer determines whether there are delinquent taxes owing and whether the document creates a split of an existing parcel. If a parcel split is involved, a split fee must also be paid. When current taxes and applicable fees are all paid, the document is referred to the county Environmental Services Department which determines whether the transaction is consistent with Cass County zoning regulations and with state requirements pertaining to sewage treatment systems. If all the foregoing requirements are satisfied, the document is submitted to the county recorder. If the foregoing regulations are not satisfied the document is rejected and not recorded. The county board is considering enacting an ordinance that would memorialize the current practice. Members of the local bar have expressed the view that the county has no authority to prevent the recording of a document that is in proper form if taxes have been paid in full. You ask whether the county has authority to prohibit the filing of land title documents in circumstances where county-imposed fees have not been paid or where the transaction represented by the documents is not in compliance with authorized county regulations. We answer your question in the negative. LAW AND ANALYSIS 1. HISTORY AND DISCUSSION OF RELEVANT LAWS. First, it is axiomatic that local units of government, including counties and their officers, have only those powers that are granted by the legislature either expressly or by reasonable implication. See, e.g., Cleveland v. Rice Co., 238 Minn. 180, 56 N.W.2d, 641 (1952). Second, counties have been delegated substantial authority to impose official controls upon the use and subdivision of land within the county. See, e.g., Minn. Stat. § 394.25 (2002). In addition, state law requires county adoption and enforcement of particular regulations affecting use and subdivisions of property. See, e.g., Minn. Stat. §§ 103F.211-103F.215 (Shore land Development); 115.55 (2002), and Minn. Rules 7080.0305 (regulation of individual sewage treatment systems). Counties have also been authorized to employ various mechanisms to enforce compliance with those regulations. See Minn. Stat. § 394.37 (2002). Between 1971 and 1974, Minn. Stat. § 394.37, subd. I specifically provided that, with certain exceptions, conveyances of property subject to county

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