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04/09/97
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04/09/97
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Meetings
Meeting Document Type
Agenda
Document Title
Board of Review
Document Date
04/09/1997
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JUNE 1994 <br /> <br />Page 11 · <br /> <br /> LET JUDGMENT BE ENTERED ACCORDINGLY. <br /> THIS IS A FINAL ORDER. A STAY OF 15 DAYS IS <br /> HEREBY ORDERED. <br /> BY THE COURT, <br /> Dorothy A. McClung, Judge <br /> DATED: June 21, 1994 <br /> MEMORANDUM <br /> <br /> For many years, the Wright County Assessor classi- <br /> fied the subject property as agricultural homestead but <br /> for the 1993 assessment changed the classification to <br /> residential homestead. Petitioners question the change <br /> in classification after all these years when there was no <br /> significant change in the ownership, or use of the prop- <br /> erty. Douglas Gruber, the Wright County Assessor <br /> since 1986, testified that his office reviewed all proper- <br /> ties in Wright County which were classified as agricul- <br /> tural and contained twenty or fewer acres to ascertain <br /> whether these parcels qualified, for agricultural classifi- <br /> cation under Minnesota Statutes. Mr. Gruber also testi- <br /> fied that this review was prompted by the changing <br /> character of Wright County from a predominantly rural <br /> county to a suburban county as well as prodding from <br /> the Department of Revenue. The Commissioner of <br /> Revenue has general supervisory responsibilities to en- <br /> courage uniformity of assessments (including classifica- <br /> tions) statewide. <br /> As a result of thc assessor's review, the classifica- <br /> tion of 700 parcels was changed, including the Petition- <br /> ers' property. In the opinion of Mr. Gruber, the <br /> Petitioners use their ten acres primarily as a homestead <br /> not as an agricultural property. Raising two horses does <br /> not constitute an agricultural pursuit in his opinion. Pe- <br /> titioners argue that almost nine of their ten acres are de- <br /> voted to pasture for their horses and the predominant use <br /> is agricultural in nature. <br /> The pertinent part of Minn. Stat. § 273.13, subd. <br /> 23, reads as follows: <br /> Agricultural land as used in this section means <br /> contiguous acreage of ten acres or more, primarily <br /> used during the preceding year for agricultural <br /> purposes. <br />We were presented with no evidence to refute <br />Mr. Gruber's conclusion that the subject property was <br />· not primarily used for agricultural purposes. <br />Petitioners are no longer raising and selling a dozen <br />horses a year. They have only two horses now and we <br />agree with the' Assessor that the subject property is <br />primarily used as a homestead, not an agricultural <br />enterprise. We affirm the Assessor's classification as <br />residential homestead. <br /> <br /> <br />
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