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County staff to draft ordinance changes after committee flags legal risks in using restrictive covenants on tax-foreclosed lots
Summary
Committee members asked staff to refine a proposal to place restrictive covenants on tax-foreclosed properties to preserve them for workforce housing, citing the need for appraisals and legal review after the Tyler v. Hennepin County decision and related litigation.
Committee members and county staff discussed whether Marathon County can impose restrictive covenants on properties acquired through tax foreclosure to preserve parcels for workforce housing and how to limit fiscal and legal risk.
Supervisor Lemmer summarized HR Finance and Property Committee concerns: the draft language appeared to apply covenants broadly to “all buildable” lots and raised questions about agricultural and forestry land, municipal and county zoning differences, and whether mandatory covenants could reduce a parcel’s resale…
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