An Update on Airport Zoning Ordinance Disclosures

One year ago, during the 2006 legislative session, legislation passed that required a seller to disclose to the buyer the existence of airport zoning regulations that affect the property. The legislation was problematic in that it set a new precedent for real property disclosure. The disclosure requirement went beyond the "best of the seller's (or licensee's) knowledge" and required sellers to actively investigate and disclose airport zoning regulations that affect their property, if any, before selling. The language however, excluded airport safety zones associated with an airport owned or operated by the Metropolitan Airports Commission.

This session the Minnesota Association of RELATORS^® successfully pursued legislation to repeal the problematic statute and created new language so that a seller and licensee or employee of the licensee have no duty to disclose information regarding airport zoning regulations if the seller and broker or salesperson, in a timely manner, provide a written notice that a copy of the airport zoning regulations as adopted can be reviewed or obtained at the office of the county recorder where the zoned area is located.

New language, which serves as the written notice, has been added to the Seller's Property Disclosure Statement and other MNAR approved forms to reflect this statutory change. For questions regarding local airport zoning regulations, contact the county where the property is located. To view the legislation as adopted, see Minnesota Session Laws 2007 - Chapter 64. The change in disclose and to the Seller's Property Disclosure Statement is effective August 1, 2007.