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4.8. SR 10-12-1998
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4.8. SR 10-12-1998
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10/12/1998
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qu~lifies, all special assessments plus interest shall be payable in equal <br />installments spread over the time remaining until the last maturity of the <br />date of the bonds issued to finance the improvement for which the <br />improvements were levied. If the bonds have matured, the special <br />assessments plus interest shall be payable within 90 days. <br /> <br />The city currently has $1,006,100 of deferred assessments $972,200 of which <br />are deferred under the green acres statute. One of the deferrals dates back <br />to 1974 and will continue to be deferred until the property no longer <br />qu~]ifies. Interest rates on the deferrals range from six percent to 12.24 <br />percent. <br /> <br />It is important to know that assessments on green acres parcels are deferred <br />automatically by the county at the time the property owner applies for green <br />acre status, or f a parcel is already green acres deferred, the assessments are <br />automatically deferred when certified to the county. For this reason, <br />property owners often do not realize that there is an outstanding assessment <br />accruing interest on their property. The county does not notify the city each <br />time an assessment has been green acres deferred. Therefore, city staff has <br />no contact with the property owner regarding the deferral. Unfortunately, <br />the green acres application filed with the county does not state that <br />assessments on the property will also be deferred. Several years ago the city <br />requested that a sentence be added to the green acres card indicating that <br />assessments are automatically deferred unless the property owner requests <br />otherwise. However, this notice to the property owner was not added. <br /> <br />Conclusion <br /> <br />After research and discussion with the City Attorney, it has been determined <br />that the Agricultural Property Tax statute clearly identifies that interest <br />must be accrued on the assessments deferred and that it shall be collected <br />based on the provisions outlined in the statute. Although Chapter 429 does <br />allow for the deferral or forgiveness of interest on assessments, the green <br />acres statute does not contain such a provision. Therefore, the city has no <br />authority to forgive interest on any assessments deferred under the green <br />acres statute. <br /> <br />Action Requested <br /> <br />This is a discussion only item since Minnesota'Statute 273.111 clearly does <br />not give the city authority to forgive interest on special assessments deferred <br />under the green acres statute. <br /> <br /> <br />
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