The Importance of Tax Forfeited Land By Nancy Nelson, DPPA member What's all the fuss about tax forfeited land? What exactly IS tax forfeited land? Why should the DPPA care? After following this murky and confusing issue for several months, here is what I think I understand about it. When taxes are not paid on privately-owned land, ownership reverts to the State of Minnesota. Tax forfeited parcels are managed by the County Board, which, according to Chapter 282 of the Minnesota Statutes, must classify each parcel as 'nonconservation' or 'conservation.' 'Nonconservation' lands can be sold at public auction while 'conservation' lands are withheld from sale. The statute does not specify how long land can remain in conservation. For many years, Duluth has maintained thousands of acres of undeveloped tax forfeited land in conservation. Much of the land in Duluth's greenbelt is tax forfeited land, including portions of some parks (e.g., the upper portions of Lester Park). The city also uses this system to acquire land for public purposes such as stormwater management or road construction as well as to assemble larger land packages for possible development projects. But for the last few years, the St. Louis County Board has taken the position that land cannot be kept in conservation for any length of time. The County Attorney's current interpretation of the state statute indicates that if the City wishes to hold on to tax forfeited parcels, the City must act within 6 months to permanently acquire the land. If the City does not act in that time period the land will be sold. This is a new interpretation of the statute, and not everyone agrees with it. Other attorneys have interpreted the statute to indicate that the County's classification, reclassification, and sale of land must be approved by the City. But in the meantime, the Planning Department is moving forward on a review of all tax forfeited parcels within Duluth. This review begins with an evaluation by representatives of various city departments to determine whether the parcels should be preserved as open space, maintained for some other public purpose, or sold for development. After this committee reviews the parcels, their recommendations are shared at a public open house, then passed along to the Planning Commission and the respective neighborhood districts. This review is already underway for neighborhood districts 7, 8, and 9. Former city planner Jerry Kimball, along with several DPPA members, met recently with city staff, county staff, and Mayor Bergson to question the rationale behind this process. Following that meeting, City Attorney Bryan Brown issued a memo that supports the City's role in approving the classification of tax forfeited lands. While a thorough review of tax forfeited parcels may be needed, there are numerous reasons why the timing of the review is inappropriate. The City is currently searching for a new Director of Planning, the Planning Department does not have the resources for such a massive project, and decisions about the future of the tax forfeited land should be part of the comprehensive planning process. If the City follows the current time schedule, the review process will be completed by the end of 2004, long before a comprehensive plan is ready. Without a comprehensive plan, these decisions will be made without the context of a citywide vision. The DPPA urges the City to challenge the County's interpretation of the statute that governs the sale of tax forfeited land. It is important that the City exercises its legal authority to object to the County's reclassification of land. Allowing the County to drive this process is endangering the purpose and long term value of the tax forfeited land conservation system. These articles are retained on the web for historical interest and do not necessarily reflect the views or goals of DPPA today.

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