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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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~age 8 <br /> <br />case, including whether rental income qualified as agri- <br />cultural income and whether real estate owned by several <br />persons, each holding a fractional interest, qualified <br />under the act even where all of the owners were not en- <br />gaged in farming activities. The Court held in favor of <br />the applicant in all of these issues. In the Reiss case the <br />Supreme Court held that a greenhouse Which had been in <br />possession of the applicants or a family corporation <br />qualifies for Green Acres. In commenting about subdivi- <br />sion 3, the Court stated: <br /> The requirements of subdivision 3, as set out in the <br /> three subparts, are presumably intended to ensure <br /> that farm property purchased for speculative <br /> purposes is not given the benefits of the green acres <br /> legislation. <br /> 290 N.W.2d at 788. There was no testimony in this <br />case that the 20 acres were purchased or held for specu- <br />lative purposes. <br /> Respondent argues that the Reiss and Elwell cases <br />emphasize that the legislative purpose of Green Acres <br />tax deferment is to allow continued agricultural use of <br />property near urban areas until the property is developed <br />and that the subject property having already been im- <br />proved with a homestead costing $280,000, application <br />of the Green Acres tax deferment would make no sense. <br />We agree with the respondent that the one acre homesite <br />is developed. But the remaining 19 acres is not yet de- <br />veloped. Failure to grant Green Acres could well force <br />development of the remaining 19 acres. It may well be <br />argued that this is exactly the kind of property that was <br />intended to be included within the Green Acres statute to <br />avoid forced development. <br /> We agree with the respondent that the gross pro- <br />ceeds ($649.30) does not indicate a high level of agricul- <br />tural activity. However, the legislature in establishing <br />the income criteria ($300 plus $10 per acre) did not re- <br />quire a high level of agricultural activity. It is not for <br />this Court to reuqire more intensive agricultural activity <br />(growing hay) or more income per acre than that re- <br />quired by the legislature. <br /> In conclusion we find no requirement in the statutes <br />that classification as agricultural property in accordance <br />with section 273.13 is a requirement to the granting of <br />the Green Acres classification under section 273.111. <br />The legislature having failed to impose such a require- <br />ment, it is not for this Court to impose such a require- <br />ment. <br /> <br /> <br />
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