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3.0 HRSR 12-07-2015
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3.0 HRSR 12-07-2015
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12/4/2015 12:02:08 PM
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City Government
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HRSR
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12/7/2015
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RELEVANT LINKS: <br /> A Port Authority must approve the plans and specifications in writing, and <br /> may require preparation of final plans and specifications before the hearing <br /> is held on the sale. <br /> A city should also check an authority's bylaws and enabling resolutions for <br /> any additional requirements, such as prior council approval of land sales or <br /> other notice and hearing requirements. <br /> d. Charter provisions <br /> See Handbook Chapter 4. Some city charters may contain provisions restricting the council's authority <br /> to buy or sell land. State law does not require bids or approval of the voters <br /> to sell land,but a charter may impose such restrictions. <br /> H. State deed tax <br /> Minn.Stat.§287.21,subd.1. The state deed tax applies to every grant, assignment,transfer, or other <br /> conveyance of land by deed. Cities are not exempt from this tax and are <br /> responsible for paying it to the same extent as any other individual making a <br /> land transaction. The tax must be paid before the county will record the <br /> property transfer. <br /> Minn.Stat.§287.24. The seller is usually responsible for paying the state deed tax, although <br /> sometimes the buyer may contractually agree to pay the tax in exchange for <br /> other concessions by the seller. <br /> I. The Open Meeting Law <br /> See LMC information memo The Minnesota open meeting law generally requires that all meetings of <br /> Meetings of City Councils. <br /> Minn.Stat.§ 13D.01. public bodies be open to the public. The open meeting law applies to all <br /> governing bodies of any school district,unorganized territory,county, city, <br /> town or other public body, and to any committee, sub-committee,board, <br /> department or commission of a public body. <br /> Minn.Stat.§13D.05,subd. Under the Open Meeting Law, a public body may close a meeting to: <br /> 3(c). <br /> determine the asking price for real or personal property to be sold by the <br /> public body; review confidential or protected nonpublic appraisal data; <br /> develop or consider offers or counteroffers for the purchase or sale of real or <br /> personal property. <br /> To close a meeting for these purposes,the following procedure should be <br /> done: <br /> • Before closing the meeting, the public body must state on the record the <br /> specific grounds for closing the meeting, describe the subject to be <br /> discussed, and identify the particular property that is the subject of the <br /> meeting. <br /> League of Minnesota Cities Information Memo: 1/22/2015 <br /> Purchase and Sale of Real Property Page 23 <br />
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