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APRIL 1996 <br /> <br />Page 15 <br /> <br />homestead property for the January 2, i994 <br />assessment. <br /> 6. Petitioner claims the Property is a farm and <br />should be classified as an agricultural homestead. <br /> 7. Susan Mauderer, CAE, the Assessor for the <br />City of Maple Grove, reviewed the classification of <br />the Prdperty and concluded that the Property was <br />used primarily as a residence on January 2, 1994 <br />and did not qualify as agricultural land. <br /> 8. The property is primarily used by Petitioner <br />as his homestead and is not used primarily for <br />agricultural purposes. <br /> <br /> CONCLUSIONS OF LAW <br /> <br /> 1. The assessor's classification of the subject <br />property as a residential homestead as of January 2, <br />1994 is hereby affirmed. <br /> LET JUDGMENT BE ENTERED <br />ACCORDINGLY. THIS IS A FINAL ORDER. A <br />STAY OF 15 DAYS IS HEREBY ORDERED. · <br /> BY THE COURT, <br /> Dorothy A. McCIung, Judge <br />DATED: April 24, 1996 <br /> <br /> MEMORANDUM <br /> <br /> The sole issue in this case is the appropriate <br />classification of Petitioner's home situated on 11.53 <br />acres in Maple Grove, Minnesota. In the fall of <br />t993, the Maple Grove assessor reviewed the <br />agricultural homestead classification previously <br />given to thc Propcrty and determined that the <br />Property was primarily used as a residential <br />homestead. For the January 2, 1994 assessment, <br />thc assessor removed the agricultural classification <br />and classified the Property as a residential <br />}mine, stead. <br /> Petitioner appeals the reclassification and argues <br />that na~.hing occurred to trigger this change. He <br />testified that he actively cultivates six acres and <br />uses fi)ur acres as pasture for his own horse and <br />other horses boarded on the property. He raises hay, <br />oats and alfalfa on rental acreage near the Property <br />and uses about 75% of the crops in his horse <br />boarding operation and sells the rest. The Property <br />has been classified as an agricultural homestead <br />since 1982 when Petitioner purchased the Property. <br /> Susan Mauderer, the current assessor for the <br />City of Maple Grove, and Jim Huble, the previous <br />assessor, both visited the Property to review its <br />classification. Both testified that in their opinion <br />the Property is used primarily as a residential <br />homestead and any agricultural activity is minimal <br />and incidental to its primary use. Ms. Mauderer <br />testified as to the changing character of the City of <br /> <br />Maple Grove, a rapidly growing suburb at the <br />northwest corner of Hennepin County. She testified <br />that Petitioner's Property could not support a full- <br />time farming operation. <br /> In Minnesota's property classification scheme, <br />agricultural property containing a homestead is <br />classified as class 2a' property and is defined as <br />"contiguous acreage of ten acres or more, primarily <br />used during the preceding year for agricultural <br />purposes.". Minn. Stat. § 273.13, subd. 23(c). In <br />1992, our Supreme Court ruled on a similar fact <br />situation involving Minnesota's "Greenacres" law. <br />At issue was whether property would be eligible for <br />the Greenacres treatment if it was not classified as <br />agricultural. The Supreme Court said: <br /> The "primary use" test incorporated in Minn. <br /> Stat. § 273.13, subd. 23(c.) implies an <br /> examination of the specific nature of the <br /> property and the use or multiple uses to <br /> which that property has been put, together <br /> with a subjective balancing of those relative <br /> USES. <br /> <br />Barron <br />1992). <br /> In <br /> <br />Upon review of the record submitted, it is <br />our view that the assessor properly <br />concluded that the primary use of the subject <br />property was as a "residential homestead." <br />While 19 out of the 20 acres of the parcel are <br />used for agricultural purposes, the crops <br />have produced almost insignificant income <br />when compared with the valuation of the <br />homestead situated on the remaining acre. <br />v. Hennepin County, 488 N.W.2d 290 (Minn. <br /> <br /> the present case, the January 2, 1994 <br />estimated market value for the Property is $162,000, <br />somewhat less than the Barron property, but the <br />remaining facts are strikingly similar to Barron. We <br />conclude that the Rasmussen property, like the <br />Barton property is primarily used as a residential <br />homestead. We affirm the assessor's January 2, <br />1994 classification of the Property. <br /> <br /> <br />