Monday, October 24, 2011

Non-Conforming Tax Forfeited Lot Sales

The City of Breezy Point is somewhat unique, even perhaps in Crow Wing County, in that there are numerous properties that have been tax forfeited. These properties take some time to work through the process before they can be offered for sale to others who wish to purchase them.

Breezy Point has lots that were platted that are not large enough to build on. Some areas have sanitary sewer access where lot size can be smaller. There are other areas without sewer which require significantly more property to build on. The lots that are too small for building are classified as non-conforming from a zoning perspective. The best use of these properties is to attach them to abutting property to create a buildable lot. In some circumstances abutting property owners would like a larger property.

After the county takes possession of tax forfeited properties, it goes through the statutory processes of disposition. One approach under law is commonly called the alternate sales procedure. The county determines if a property is non-conforming. If it is, they can offer the property to abutting landowners without going through all the hoops of a regular sale. This further supports abutting property owner acquisition and also supports the assembly of lots to make a property buildable.

This process involves notification to the city of a change in status of the property. Properties are designated Conservation (reserved) until the process of review has been completed. Changing the status to Non-Conservation allows the county to sell the property. The city, once notified, has 60 days to determine whether or not the property has a public purpose. The city is supportive of getting these properties back on the tax roles. To facilitate the process as quickly as possible the city has adopted a policy of staff review and approval to provide for the designation change. The city has streamlined the process so these properties can move to sale as quickly as possible.

Given the policy change, property owners who have an interest in an abutting tax forfeited property can contact the county to address the issue of purchase. If the property is determined to be non-conforming the county can request of the city a change to Non-Conservation. Once a property has been deemed Non-Conservation a property owner can work with the county towards acquisition of an abutting property.