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2013 Minnesota Attorney General Reports and Opinions 1 (2013)

handle is hein.sag/sagmn0084 and id is 1 raw text is: TAX SALES: FORFEITED LAND: PURCHASE BY MUNICIPALITY: Conveyance of tax-forfeited land by the State of Minnesota to a Township for public park purposes does not supersede a prior Declaration on the property restricting the use of the property to private, residential purposes and therefore, use of the property as a public park is prohibited. Minn. Stat. § 282.01, subd. 6 (2012). 425c-1 1 April 18, 2013 Mr. Robert T. Ruppe Couri & Ruppe, P.L.L.P. 705 Central Avenue East P.O. Box 369 St. Michael, MN 55376 Re: Request for Opinion/Survival of a Declaration after Tax Forfeiture Dear Mr. Ruppe: I thank you for your correspondence received February 28, 2013, requesting an opinion of the Attorney General's Office regarding the survival of a declaration after property has been forfeited to the State of Minnesota for non-payment of property taxes. BACKGROUND You state that Credit River Township has been informed by Scott County that a property in the Township has been forfeited for failure to pay taxes, and that the Township could acquire the property provided it puts the property to public use under Minn. Stat. § 282.01, subd. la. The Township desires to acquire the property for public park purposes and has notified the County that it intends on acquiring the property for public park purposes, which is an authorized public use under Minn. Stat. § 282.01, subd. la. The property is platted property and is subject to the Cress View Estates Declaration (Declaration). The Declaration is recorded in the County Recorder's office and is less than 30 years old. Residents of the Plat of Cress View have informed the Township that they object to the use of the property as public park as the Declaration states that no lot shall be used except for private, residential purposes. The Township recognizes that any conveyance of tax-forfeited property from the State is subject to easements and restrictions of record at the date of the tax judgment sale pursuant to Minn. Stat. § 282.01, subd. 6. Based upon the foregoing facts, you ask if the conveyance to Credit River Township of the tax-forfeited parcel located within the Plat of Cress View Estates for public park purposes is subject to the restriction on use contained in the Cress View Estates Declaration.

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