04-20-2011 Council Minutes Local Board of Appeal & Equalization

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MINUTES OF THE ORONO 2011 LOCAL BOARD OF APPEAL AND EQUALIZATION Wednesday, April 20, 2011 7:00 o'clock p.m. APPEALS 1. JAMES JOHNSON, 4300 WATERTOWN ROAD, MAPLE PLAIN, #31- 118 -23 -13 -0013 James Johnson stated his 2011 valuation is $728,000 and that he is here tonight basically because their agriculture credit was taken away. On October 7, 1997, they were notified that a portion of their land was to be taken by Hennepin County for the reconstruction of County Road 6. On November 24, 1997, an offer to purchase the property came from the right -of -way agent for Hennepin County. Johnson indicated they felt that price was below the fair market value and they fought for what they felt was a fair price for that portion of land. On February 4, 2000, a final decision was issued by Judge Tom Carey. They accepted that decision. Johnson stated Lisa Berg was the assistant county attorney at the time and was opposing counsel during this process. Once the final decision was made, Ms. Berg moved over to other projects and Gail Henley was appointed to finalize the process of payment. Johnson indicated their attorney was former state senator Jerome Blatz. In a side letter /agreement, Ms. Henley agreed that the minimum acreage for agricultural credit would be waived and they could continue with their farming practice and ag credit. Johnson stated in his opinion that she must have checked with Freeman or Klobuchar or someone to be able to state that. is This letter has somehow gotten lost at Hennepin County. Johnson indicated he never received a copy from his lawyer. When he received the notification of this year's taxes, he called Mr. Blatz and was • informed that he had passed away. Johnson stated Kathleen Blatz, his daughter, agreed to look through her father's files. Ms. Blatz informed him that all the files with our names on them have been shredded, as had a lot of his clients. Johnson indicated he then called Ms. Henley to see if she would attest to the letter but was informed she is no longer at Hennepin County. Johnson stated after that he called Louis Robartz who also indicated he looked through the files and could not locate the letter. Johnson stated he has also called Gen Olson, who is looking into the matter and that it is becoming a habit with Hennepin County of trying to pull people's ag credits. Johnson noted they had settled the land issue in 2000 and they have been farming or on CRP ever since. It seems strange that it is now an issue. The original Green Acres Law was passed in 1967 and as a result of some major changes to the law in 2008, all or some of the nonproductive enrolled in Green Acres before 2008 may either be redrawn or grandfathered into the program. Through no fault of our own, we came below the minimum because our land was taken. Johnson requested that his ag credit be restored until they no longer farm the land or are not part of the CRP program. McMillan asked whether he has spoken with the assessor. Stulc indicated they would be more than happy to follow legal precedence if they are able to find that letter, but the current law states that in order to qualify for an ag credit you need to have ten acres. Following the law that they have, they are not able to change the classification unless some new information is submitted. Bremer asked whether it was the state attorney or the county attorney that they dealt with on this matter. Anderson indicated that Lisa Berg was the assistant Hennepin county attorney. When the case was • resolved, she moved on to other projects and had Gail Henley finalize it. Page 2