In re Proceedings to Enforce Payment of Taxes on Real Estate

Supreme Court of Minnesota

In re Proceedings to Enforce Payment of Taxes on Real Estate

183 N.W. 671, 149 Minn. 335, 1921 Minn. LEXIS 663

CourtSupreme Court of Minnesota

DecidedJune 24, 1921

DocketNo. 22,335

StatusPublished

Cited by8 cases

This text of 183 N.W. 671 (In re Proceedings to Enforce Payment of Taxes on Real Estate) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Proceedings to Enforce Payment of Taxes on Real Estate, 183 N.W. 671, 149 Minn. 335, 1921 Minn. LEXIS 663 (Mich. 1921).

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Opinion

Brown, C. J.

The sole question presented in this proceeding is whether the real property involved should be assessed for taxation under the provisions of G. S. 1913, § 1988, as urban platted property and at 40 per cent of its true value, or as unplatted 'and at 33^j per cent of such valué, within the meaning of the statute as construed and applied in State ex rel. Chase v. Minn. Tax Commission, 135 Minn., 205, 160 N. W. 498. The trial court held that it belonged to the suburban class, to be taxed accordingly. The state appealed from an order denying a new trial.

The facts are not in dispute. The property in question, a tract of about 9 acres, lies within the municipal boundaries of the city of St. Paul, at the southwest comer thereof a mile or so north of Fort Snelling. It is unplatted and is entirely surrounded by unplatted land. The territory adjoining is sparsely settled, only two or three dwellings being within a half or three quarters of a mile. Defendant has a dwelling and other suitable buildings thereon and it constitutes his home. He keeps a cow and a horse and some chickens. Part of the land is set apart as a pasture for the cow, the balance, except that which is occupied as a site for the buildings, is devoted to gardening, corn, potatoes [337]*337and other vegetables being raised, producing feed for the horse, cow and chickens, and vegetables enough to supply the household for the year.' The land is located some 6 miles from the center of the city activities, has no city water, sewer, sidewalks, lights or police protection, such as is afforded and supplied to the built-up parts of the city. In short the land stands isolated from all city advantages, is not urban either in character or use, beyond the fact that the building thereon is occupied as a residence, and the land is devoted generally to such purposes as similarly situated unplatted suburban land naturally is adapted.

On these facts, which as stated are not in dispute, we conclude that the rule of the Chase case does not apply. The facts in the two cases are essentially different. The decision of the trial court should therefore be sustained. "We do not think the value of the property in controversies of the kind should be given any special significance or effect. Being unplatted in fact, the question whether the land is taxable as platted property must be determined from considerations similar to those controlling the decision in the Chase case, which should not be extended to facts like those at bar.

Order affirmed.

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Brown, C. J.

The sole question presented in this proceeding is whether the real property involved should be assessed for taxation under the provisions of G. S. 1913, § 1988, as urban platted property and at 40 per cent of its true value, or as unplatted 'and at 33^j per cent of such valué, within the meaning of the statute as construed and applied in State ex rel. Chase v. Minn. Tax Commission, 135 Minn., 205, 160 N. W. 498. The trial court held that it belonged to the suburban class, to be taxed accordingly. The state appealed from an order denying a new trial.

The facts are not in dispute. The property in question, a tract of about 9 acres, lies within the municipal boundaries of the city of St. Paul, at the southwest comer thereof a mile or so north of Fort Snelling. It is unplatted and is entirely surrounded by unplatted land. The territory adjoining is sparsely settled, only two or three dwellings being within a half or three quarters of a mile. Defendant has a dwelling and other suitable buildings thereon and it constitutes his home. He keeps a cow and a horse and some chickens. Part of the land is set apart as a pasture for the cow, the balance, except that which is occupied as a site for the buildings, is devoted to gardening, corn, potatoes [337]*337and other vegetables being raised, producing feed for the horse, cow and chickens, and vegetables enough to supply the household for the year.' The land is located some 6 miles from the center of the city activities, has no city water, sewer, sidewalks, lights or police protection, such as is afforded and supplied to the built-up parts of the city. In short the land stands isolated from all city advantages, is not urban either in character or use, beyond the fact that the building thereon is occupied as a residence, and the land is devoted generally to such purposes as similarly situated unplatted suburban land naturally is adapted.

On these facts, which as stated are not in dispute, we conclude that the rule of the Chase case does not apply. The facts in the two cases are essentially different. The decision of the trial court should therefore be sustained. "We do not think the value of the property in controversies of the kind should be given any special significance or effect. Being unplatted in fact, the question whether the land is taxable as platted property must be determined from considerations similar to those controlling the decision in the Chase case, which should not be extended to facts like those at bar.

Order affirmed.

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Bluebook (online)

183 N.W. 671, 149 Minn. 335, 1921 Minn. LEXIS 663, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-proceedings-to-enforce-payment-of-taxes-on-real-estate-minn-1921.

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