Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 2004, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 262-H.F.No. 2334
An act relating to natural resources; modifying
provisions for the sale and disposition of surplus
state lands; modifying certain state land management
provisions; authorizing and describing certain state
land sales; modifying certain water level controls;
adding to and deleting from state parks, forests, and
wildlife management areas; establishing Greenleaf Lake
State Park; appropriating money; amending Minnesota
Statutes 2002, sections 15.054; 84.0272, by adding
subdivisions; 84.033; 85.015, subdivision 1; 86A.05,
subdivision 14; 89.01, by adding a subdivision; 92.02;
92.03; 92.04; 92.06, subdivisions 1, 2, 4, 5, by
adding a subdivision; 92.08; 92.10, subdivision 2;
92.12, subdivisions 1, 2, 4, 5; 92.121; 92.14,
subdivision 1; 92.16, by adding a subdivision; 92.28;
92.29; 92.321, subdivision 1; 94.09, subdivisions 1,
3; 94.10; 94.11; 94.12; 94.13; 94.16, subdivision 2;
164.08, subdivision 2; 282.01, subdivision 3;
Minnesota Statutes 2003 Supplement, sections 525.161;
525.841; Laws 1997, chapter 216, section 151; Laws
1999, chapter 161, section 31, subdivision 3; Laws
1999, chapter 161, section 31, subdivision 5; Laws
1999, chapter 161, section 31, subdivision 8; Laws
2003, First Special Session chapter 13, section 6;
Laws 2003, First Special Session chapter 13, section
16; proposing coding for new law in Minnesota
Statutes, chapters 16B; 92; 103G; repealing Minnesota
Statutes 2002, sections 92.09; 92.11; 94.09,
subdivisions 2, 4, 5, 6.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
SALE AND DISPOSITION OF SURPLUS LANDS
Section 1. Minnesota Statutes 2002, section 15.054, is
amended to read:
15.054 [PUBLIC EMPLOYEES NOT TO PURCHASE MERCHANDISE FROM
GOVERNMENTAL AGENCIES; EXCEPTIONS; PENALTY.]
No officer or employee of the state or any of its political
subdivisions shall sell or procure for sale or possess or
control for sale to any other officer or employee of the state
or subdivision, as appropriate, any property or materials owned
by the state or subdivision except pursuant to conditions
provided in this section. Property or materials owned by the
state or a subdivision, except real property, and not needed for
public purposes, may be sold to an employee of the state or
subdivision after reasonable public notice at a public auction
or by sealed response, if the employee is not directly involved
in the auction or process pertaining to the administration and
collection of sealed responses. Requirements for reasonable
public notice may be prescribed by other law or ordinance so
long as at least one week's published notice is specified. An
employee of the state or a political subdivision may purchase no
more than one motor vehicle from the state in any 12-month
period. A person violating the provisions of this section is
guilty of a misdemeanor. This section shall not apply to the
sale of property or materials acquired or produced by the state
or subdivision for sale to the general public in the ordinary
course of business. Nothing in this section shall prohibit an
employee of the state or a political subdivision from selling or
possessing for sale public property if the sale or possession
for sale is in the ordinary course of business or normal course
of the employee's duties.
Sec. 2. [16B.281] [SALE AND DISPOSITION OF SURPLUS
STATE-OWNED LAND.]
Subdivision 1. [APPLICABILITY.] All tracts or lots of real
property belonging to the state or that may hereafter accrue to
the state, including tracts or lots that have escheated to the
state, may be disposed of according to sections 16B.281 to
16B.287. Sections 16B.281 to 16B.287 do not apply to school or
other trust fund lands belonging to the state, or that may
hereafter accrue to the state, under and by virtue of any act of
Congress or to any other state-owned lands the sale or
disposition of which is provided for under sections 94.09 to
94.16 or other law.
Subd. 2. [CERTIFICATION REQUIRED.] On or before July 1 of
each year, the head of each department or agency having control
and supervision over any state-owned land, the sale or
disposition of which is not otherwise provided for by law, shall
certify in writing to the commissioner whether there is any
state-owned land under control and supervision of that
department or agency that is no longer needed. If the
certification discloses lands no longer needed for a department
or agency, the head of the department or agency shall include in
the certification a description of the lands and the reasons why
the lands are no longer needed.
Subd. 3. [NOTICE TO AGENCIES; DETERMINATION OF
SURPLUS.] On or before October 1 of each year, the commissioner
shall review the certifications of heads of each department or
agency provided for in this section. The commissioner shall
send written notice to all state departments, agencies, and the
University of Minnesota describing any lands or tracts that may
be declared surplus. If a department or agency or the
University of Minnesota desires custody of the lands or tracts,
it shall submit a written request to the commissioner, no later
than four calendar weeks after mailing of the notice, setting
forth in detail its reasons for desiring to acquire and its
intended use of the land or tract. The commissioner shall then
determine whether any of the lands described in the
certifications of the heads of the departments or agencies
should be declared surplus and offered for sale or otherwise
disposed of by transferring custodial control to other
requesting state departments or agencies or to the Board of
Regents of the University of Minnesota for educational purposes,
provided however that transfer to the Board of Regents shall not
be determinative of tax exemption or immunity. If the
commissioner determines that any of the lands are no longer
needed for state purposes, the commissioner shall make findings
of fact, describe the lands, declare the lands to be surplus
state land, state the reasons for the sale or disposition of the
lands, and notify the Executive Council of the determination.
Subd. 4. [EXECUTIVE COUNCIL APPROVAL.] Within 60 days
after the receipt of the notification from the commissioner, the
Executive Council shall approve or disapprove the commissioner's
determinations. If the determinations are approved, the lands
shall be offered for sale or otherwise disposed of as provided
for in sections 16B.281 to 16B.287. If the Executive Council
disapproves the determinations, the same determinations
regarding the surplus lands may not be resubmitted to the
Executive Council until at least six months after the date of
the disapproval.
Subd. 5. [REPORT REQUIRED.] On or before November 15 of
each even-numbered year, the commissioner shall report to the
governor and the legislature the following information for the
two-year period immediately preceding:
(1) the lands that state departments and agencies have
certified as no longer needed;
(2) the lands that have been determined to be no longer
needed for state purposes, regarding which the Executive Council
has been formally notified; and
(3) the lands that have been publicly sold.
Subd. 6. [MAINTENANCE OF LAND BEFORE SALE.] The state
department or agency holding custodial control shall maintain
the state-owned lands until the lands are sold or otherwise
disposed of as provided for in sections 16B.281 to 16B.287.
Sec. 3. [16B.282] [SURVEYS, APPRAISALS, AND SALE.]
Subdivision 1. [APPRAISAL; NOTICE AND OFFER TO PUBLIC
BODIES.] (a) Before offering any surplus state-owned lands for
sale, the commissioner may survey the lands and, if the value of
the lands is estimated to be $40,000 or less, may have the lands
appraised. The commissioner shall have the lands appraised if
the estimated value is in excess of $40,000.
(b) The appraiser shall, before entering upon the duties of
the office, take and subscribe an oath that the appraiser will
faithfully and impartially discharge the duties of appraiser
according to the best of the appraiser's ability and that the
appraiser is not interested, directly or indirectly, in any of
the lands to be appraised or the timber or improvements on the
lands or in the purchase of the lands, timber, or improvements
and has entered into no agreement or combination to purchase any
of the lands, timber, or improvements. The oath shall be
attached to the appraisal report.
(c) Before offering surplus state-owned lands for public
sale, the lands shall first be offered to the city, county,
town, school district, or other public body corporate or politic
in which the lands are situated for public purposes and the
lands may be sold for public purposes for not less than the
appraised value of the lands. To determine whether a public
body desires to purchase the surplus land, the commissioner
shall give a written notice to the governing body of each
political subdivision whose jurisdictional boundaries include or
are adjacent to the surplus land. If a public body desires to
purchase the surplus land, it shall submit a written offer to
the commissioner no later than two weeks after receipt of notice
setting forth in detail its reasons for desiring to acquire and
its intended use of the land. In the event that more than one
public body tenders an offer, the commissioner shall determine
which party shall receive the property and shall submit written
findings regarding the decision. If lands are offered for sale
for public purposes and if a public body notifies the
commissioner of its desire to acquire the lands, the public body
may have up to two years from the date of the accepted offer to
commence payment for the lands in the manner provided by law.
Subd. 2. [PUBLIC SALE REQUIREMENTS.] (a) Lands certified
as surplus by the head of a department or agency under section
16B.281 shall be offered for public sale by the commissioner as
provided in this subdivision. After complying with subdivision
1 and before any public sale of surplus state-owned land is
made, the commissioner shall publish a notice of the sale at
least once each week for four successive weeks in a legal
newspaper and also in a newspaper of general distribution in the
city or county in which the real property to be sold is
situated. The notice shall specify the time and place at which
the sale will commence, a general description of the lots or
tracts to be offered, and a general statement of the terms of
sale. Each tract or lot shall be sold separately and shall be
sold for no less than its appraised value.
(b) Parcels remaining unsold after the offering may be sold
to anyone agreeing to pay the appraised value. The sale shall
continue until all parcels are sold or until the commissioner
orders a reappraisal or withdraws the remaining parcels from
sale.
(c) Except as provided in section 16B.283, the cost of any
survey or appraisal as provided in subdivision 1 shall be added
to and made a part of the appraised value of the lands to be
sold, whether to any political subdivision of the state or to a
private purchaser as provided in this subdivision.
Sec. 4. [16B.283] [TERMS OF PAYMENT.]
No less than ten percent of the purchase price shall be
paid at the time of sale with the balance payable according to
this section. If the purchase price of any lot or parcel is
$5,000 or less, the balance shall be paid within 90 days of the
date of sale. If the purchase price of any lot or parcel is in
excess of $5,000, the balance shall be paid in equal annual
installments for no more than five years, at the option of the
purchaser, with principal and interest payable annually in
advance at a rate equal to the rate in effect at the time under
section 549.09 on the unpaid balance, payable to the state
treasury on or before June 1 each year. Any installment of
principal or interest may be prepaid.
Sec. 5. [16B.284] [CONTRACT FOR DEED AND QUITCLAIM DEED.]
In the event a purchaser elects to purchase surplus real
property on an installment basis, the commissioner shall enter
into a contract for deed with the purchaser, in which shall be
set forth the description of the real property sold and the
price of the property, the consideration paid and to be paid for
the property, the rate of interest, and time and terms of
payment. The contract for deed shall be made assignable and
shall further set forth that in case of the nonpayment of the
annual principal or interest payment due by the purchaser, or
any person claiming under the purchaser, then the contract for
deed, from the time of the failure, is entirely void and of no
effect and the state may be repossessed of the lot or tract and
may resell the lot or tract as provided in sections 16B.281 to
16B.287. In the event the terms and conditions of a contract
for deed are completely fulfilled or if a purchaser makes a
lump-sum payment for the subject property in lieu of entering
into a contract for deed, the commissioner shall sign and cause
to be issued a quitclaim deed on behalf of the state. The
quitclaim deed shall be in a form prescribed by the attorney
general and shall vest in the purchaser all of the state's
interest in the subject property except as provided in section
16B.286.
Sec. 6. [16B.285] [RECORD OF CONTRACTS FOR DEED AND
ASSIGNMENTS; EFFECT.]
(a) A contract for deed issued for land sold according to
sections 16B.281 to 16B.287, or any assignment thereof, executed
and acknowledged as provided by law for the execution and
acknowledgment of deeds, may be recorded in the office of the
county recorder of any county in the state in the same manner
and with like effect as deeds are therein recorded. The
contract for deed entitles the purchaser, or the heirs and
assigns of the purchaser, to the exclusive possession of the
land therein described, provided its terms have been in all
respects complied with, and the contract for deed and the record
thereof is conclusive evidence of title in the purchaser, or the
heirs and assigns of the purchaser, for all purposes and against
all persons, except the state of Minnesota in case of forfeiture.
(b) When a contract for deed or partial interest in a
contract for deed is assigned, the assignment must be made on a
form provided by the commissioner, executed by the assignor and
assignee, and consented to by the commissioner. An assignment
of a partial interest must state that payment to date has been
made to the commissioner.
(c) When the assignee satisfies the terms of the assignment
and corresponding terms of the contract for deed, the
commissioner shall issue a deed to the assignee.
Sec. 7. [16B.286] [RESERVATION OF MINERALS.]
The state reserves for its own use all the iron, coal,
copper, and other valuable minerals in or upon all lands that
may be sold under sections 16B.281 to 16B.287 and any contract
for deed or quitclaim deed shall contain a clause reserving all
such minerals for the use of the state.
Sec. 8. [16B.287] [DISPOSITION OF PROCEEDS FROM SURPLUS
STATE-OWNED LAND.]
Subdivision 1. [PAYMENT OF EXPENSES.] Money received from
the sale of surplus state-owned land according to sections
16B.281 to 16B.287 shall be credited to the general fund except
as provided in this section.
Subd. 2. [PAYMENT OF EXPENSES.] A portion of the proceeds
from the sale equal in amount to the survey, appraisal, legal,
advertising, and other expenses incurred by the commissioner or
other state official in rendering the property salable shall be
remitted to the account from which the expenses were paid and
are appropriated and immediately available for expenditure in
the same manner as other money in the account.
Sec. 9. Minnesota Statutes 2002, section 85.015,
subdivision 1, is amended to read:
Subdivision 1. [ACQUISITION.] (a) The commissioner of
natural resources shall establish, develop, maintain, and
operate the trails designated in this section. Each trail shall
have the purposes assigned to it in this section. The
commissioner of natural resources may acquire lands by gift or
purchase, in fee or easement, for the trail and facilities
related to the trail.
(b) Notwithstanding the offering to public entities,
referral to Executive Council, public sale, and related notice
and publication requirements of sections 94.09 to 94.165, the
commissioner of natural resources, in the name of the state, may
sell surplus lands not needed for trail purposes at private sale
to adjoining property owners and leaseholders. The conveyance
must be by quitclaim in a form approved by the attorney general
for a consideration not less than the appraised value.
Sec. 10. Minnesota Statutes 2002, section 89.01, is
amended by adding a subdivision to read:
Subd. 5a. [SALE OF STATE FOREST LAND.] Any state lands
included in areas set apart as state forests are eliminated from
the state forest upon sale under the provisions of sections
92.06 to 92.09 or 94.09 to 94.16.
Sec. 11. Minnesota Statutes 2002, section 92.02, is
amended to read:
92.02 [AUTHORITY.]
Sales under this chapter must be conducted by the
commissioner, a deputy of the commissioner, or a competent
person employed by the commissioner and bonded in a sum of at
least $10,000.
Sec. 12. Minnesota Statutes 2002, section 92.03, is
amended to read:
92.03 [MINIMUM PRICE OF LANDS.]
Subdivision 1. [SCHOOL LANDS.] The price of school lands
must be at least $5 an acre, including the value of timber
reproduction. Sales of school lands must be held within the
county containing the lands or an adjacent county. No more than
100,000 acres of school lands may be sold in one year. If a
patent has been issued by the federal government to school land
before 1864 and the taxes on it have been paid for at least 35
years, the commissioner of finance may reduce the minimum price
of $5 an acre by the taxes paid to make the land salable.
Subd. 2. [UNIVERSITY LANDS.] The price of lands donated to
the state by the United States by act of Congress entitled "An
act donating to the states of Minnesota and Oregon certain lands
reserved by Congress for the territories of Minnesota and
Oregon, for university purposes," approved March 2, 1861, and by
an act of Congress entitled "An act donating public lands to the
several states and territories which may provide colleges for
the benefit of agriculture and mechanic arts," approved July 2,
1862, must be at least $5 an acre, including the value of timber
reproduction. The director commissioner shall appraise these
lands or any part of them and sell them in accordance with this
chapter.
Subd. 4. [INTERNAL IMPROVEMENT LANDS.] Lands donated to
the state under the eighth section of an act of Congress
entitled "An act to appropriate the proceeds of the sales of the
public lands, and to grant preemption rights," approved
September 4, 1841, must be appraised and sold and the money
derived from its sale invested, as provided by the Minnesota
Constitution, article XI, section 8.
Sec. 13. Minnesota Statutes 2002, section 92.04, is
amended to read:
92.04 [MINIMUM PRICE OF CERTAIN STATE LANDS.]
Lands selected for state institutions under an act of the
legislature entitled "An act to appropriate swamp lands to
certain educational and charitable institutions and for the
purpose of creating a state prison," approved February 13, 1865,
and lands known as state capitol lands, must be appraised and
sold as school lands are sold. The price of lands belonging to
the state by virtue of the Congressional acts in this section
and section 92.03 must be at least $5 an acre, including the
value of timber reproduction. The terms of payment and
conditions of sale must be the same as now provided by law.
When state lands have been benefited by and assessments paid for
drainage, the drainage improvements must be considered by the
state land examiner in making appraisals. When the drained
lands are sold, the principal and interest paid on it must be
credited by the director commissioner to the proper fund to
which the land belongs.
Sec. 14. Minnesota Statutes 2002, section 92.06,
subdivision 1, is amended to read:
Subdivision 1. [TERMS FOR LAND SALES HELD BEFORE JULY 1,
2004.] (a) The terms of payment on the sale of state public
lands held before July 1, 2004, must be as follows: The
purchaser shall pay in cash at the time of sale the appraised
value of all timber and costs determined by the commissioner to
be associated with the sale including survey, appraisal,
publication, deed tax, filing fee, and similar costs. At least
15 percent of the purchase price of the land exclusive of timber
and associated costs must be paid in cash at the time of sale.
The balance of the purchase price must be paid in no more than
20 equal annual installments. Payments must be made by June 1
each year following the year in which the purchase was made,
with interest at the rate in effect at the time of sale,
calculated under this subdivision, on the unpaid balances. Any
installment of principal or interest may be paid in advance, but
part payment of an installment will not be accepted. For the
purpose of computing interest, any installment of principal not
paid on June 1 shall be credited on the following June 1. The
purchaser may pay the balance due on a sale within 30 days of
the sale with no interest due.
(b) Interest on unpaid balances must be computed as annual
simple interest. The rate of interest must be based on average
effective interest rates on mortgage loans as provided in
paragraph (c).
(c) On or before December 31 of each year, the commissioner
of natural resources shall determine the rate from the average
effective interest rate on loans closed using the Office of
Thrift Supervision series, formerly the Federal Home Loan Bank
Board series, or its successor agency, for the most recent
calendar month, reported on a monthly basis in the latest
statistical release of the Board of Governors of the Federal
Reserve System. This yield, rounded to the nearest quarter of
one percent, is the annual interest rate for sales of state land
during the succeeding calendar year.
(d) For state land sales in calendar year 1993 after July
1, 1993, the rate is eight percent, which is the September 1992
average from the Office of Thrift Supervision series, rounded to
the nearest quarter of one percent.
Sec. 15. Minnesota Statutes 2002, section 92.06, is
amended by adding a subdivision to read:
Subd. 1a. [TERMS FOR LAND SALES AFTER JULY 1,
2004.] Notwithstanding subdivision 1, for state land sales on or
after July 1, 2004, the purchaser must pay at the time of sale
ten percent of the total amount bid and the remainder of the
payment is due within 90 days of the sale date. A person who
fails to make final payment within 90 days of the sale date is
in default. On default, all right, title, and interest of the
purchaser or heirs, representatives, or assigns of the purchaser
in the premises shall terminate without the state doing any act
or thing. A record of the default must be made in the state
land records of the commissioner.
Sec. 16. Minnesota Statutes 2002, section 92.06,
subdivision 2, is amended to read:
Subd. 2. [BUILDINGS OR IMPROVEMENTS.] If there are
buildings or other improvements upon the land, their value must
be appraised determined separately and included in the purchase
price. A person must not remove, injure, or destroy a building
or other improvement until an amount equal to its appraised
determined value has been paid on the purchase price of the
premises, in addition to any payment required for timber.
Violation of this provision is a gross misdemeanor.
Sec. 17. Minnesota Statutes 2002, section 92.06,
subdivision 4, is amended to read:
Subd. 4. [IMPROVEMENTS, WHEN PAYMENT NOT NECESSARY.] (a)
If a person has made improvements to the land and if: (1) the
commissioner believes that person settled the land in good faith
as homestead land under the laws of the United States before it
was certified to the state, (2) the improvements were lawfully
made by that person as a lessee of the state, or (3) the
commissioner determines, based on clear and convincing evidence
provided by the person, that the improvements were made by the
person as an inadvertent trespasser, then the value of the
improvements must be separately appraised determined and, if the
settler, lessee, or inadvertent trespasser purchases the land,
the settler, lessee, or inadvertent trespasser is not required
to pay for the improvements. If another person purchases the
land, that person must pay the owner of the improvements, in
addition to all other required payments, the appraised
determined amount for the improvements.
(b) Payment for improvements must be made within 15 days of
the auction sale, either in cash or upon terms and conditions
agreeable to the owner of the improvements. If payment for
improvements is not made in cash, and if there is no agreement
between the parties within 15 days of the auction sale, the
commissioner may:
(1) sell the property to the second highest qualified
bidder if that bidder submitted to the commissioner's
representative, at the auction sale, a written request to buy
the property at a specified price; or
(2) void the sale and reoffer the property at a subsequent
sale.
(c) This subdivision does not apply unless the owner of the
improvements makes a verified application to the commissioner
showing entitlement to the improvements before the first state
public sale at which the land is offered for sale. The
applicant must appear at the sale and offer to purchase the land
for at least its appraised determined value including all timber
on it, and make the purchase if no higher bid is received.
Actions or other proceedings involving the land in question
begun before the sale must have been completed.
Sec. 18. Minnesota Statutes 2002, section 92.06,
subdivision 5, is amended to read:
Subd. 5. [FURTHER SECURITY.] The director commissioner may
require of the purchaser security for the payment of the
deferred installments. The director commissioner may recover
the money and enforce any security by action brought in the
director's name.
Sec. 19. Minnesota Statutes 2002, section 92.08, is
amended to read:
92.08 [SURVEYS AND RESURVEYS.]
(a) The commissioner may have surveys made to determine the
correct boundaries or description of the land or to dispose of
it in convenient parcels. When the commissioner determines that
the interest of the state will be promoted, the commissioner may
subdivide land controlled by the commissioner into smaller
parcels or city lots.
(b) When the commissioner believes that an injustice has
been done the purchaser because of an incorrect United States
survey, the commissioner may have a resurvey made by a competent
surveyor. The surveyor shall prepare a plat showing the correct
acreage of each subdivision resurveyed and file it with the
commissioner and with the county recorder of the proper county.
The commissioner may call in the land certificates affected by
the resurvey and issue new ones. The certificates must show the
correct acreage and give full credit for all payments of
principal and interest made.
Sec. 20. Minnesota Statutes 2002, section 92.10,
subdivision 2, is amended to read:
Subd. 2. [PREPARATION.] The commissioner shall prepare
suitable maps or plats designating school or other state lands
owned by the state which have been appraised and that are
subject to sale. The maps or plats must be printed and
distributed with other printed matter in sufficient quantities
to properly advertise the sales provided by this chapter.
Sec. 21. [92.115] [VALUATION OF STATE LANDS; MINIMUM BID.]
Subdivision 1. [LAND VALUATION REQUIRED.] Before offering
any state land for sale under this chapter, the commissioner
must establish the value of the land. The commissioner shall
have the land appraised if the estimated market value is in
excess of $50,000.
Subd. 2. [MINIMUM BID.] The minimum bid for a parcel of
land must include the estimated value or appraised value of the
land and any improvements and, if any of the land is valuable
for merchantable timber, the value of the merchantable timber.
The minimum bid may include expenses incurred by the
commissioner in rendering the property salable, including
survey, appraisal, legal, advertising, and other expenses.
Sec. 22. Minnesota Statutes 2002, section 92.12,
subdivision 1, is amended to read:
Subdivision 1. [APPRAISERS.] The commissioner may have any
school trust or other state lands appraised. The appraisals
must be made by regularly appointed and qualified state
appraisers. Each appraiser shall take and sign an oath to
faithfully and impartially discharge the duties of appraiser as
best able and that the appraiser is not interested directly or
indirectly in the state lands to be appraised, or the timber or
improvements on them or in their purchase. The oath must be
attached to the appraisal report. To be qualified, an appraiser
must hold a state appraiser license issued by the Department of
Commerce. The appraisal must be in conformity with the Uniform
Standards of Professional Appraisal Practice of the Appraisal
Foundation.
Sec. 23. Minnesota Statutes 2002, section 92.12,
subdivision 2, is amended to read:
Subd. 2. [VALUATION AND APPRAISAL.] The appraiser shall
view and appraise the lands, including the merchantable timber
and improvements on them, and make a report to the
commissioner. The valuation of the lands and the merchantable
timber and improvements on them must each be made and stated
separately in the appraisal. The minimum price established by
the appraisal is the minimum price for the lands until changed
by later appraisal. No school or other state lands may be sold
until appraised. The price may not be less than $5 an acre. In
the appraisal the value of the land before the addition of the
value of merchantable timber and improvements must include the
value of timber reproduction.
Sec. 24. Minnesota Statutes 2002, section 92.12,
subdivision 4, is amended to read:
Subd. 4. [SALES.] The commissioner shall hold frequent
sales of school trust and other state lands. The time and place
of the sales must be publicly posted in the courthouse in the
county where the lands are located and in the courthouse in the
county where the sale is to take place at least 30 days in
advance, in addition to the regular notice of sale provided by
law. At this sale The commissioner shall sell lands the
commissioner considers best for the public interest.
Sec. 25. Minnesota Statutes 2002, section 92.12,
subdivision 5, is amended to read:
Subd. 5. [SALE OF LAND AND TIMBER.] When the appraisal and
or other reports show that the land is mainly valuable for
agricultural purposes and contains only small quantities of
timber, the commissioner may either sell the timber separately
as provided by law for state timber sales or sell the land as
agricultural land. If the land is sold as agricultural land the
purchaser must pay down as first payment an amount equal to the
value of the timber, in addition to the first payment required
on the land. If the appraisal and other reports show land
should be sold for continuous forest production or other
conservation purpose, the commissioner may require that the full
appraised value of land and timber must be paid by the purchaser
at the time of purchase.
Sec. 26. Minnesota Statutes 2002, section 92.14,
subdivision 1, is amended to read:
Subdivision 1. [TIME.] At least 30 days before a sale, the
commissioner shall give four weeks' published notice of the sale
at St. Paul, in each county containing land to be sold, and in
the county where the sale will be held. If there is no
newspaper published in the county, four weeks' posted notice in
the county courthouse must be given. The commissioner shall
also provide electronic notice of sale. On or before the day of
sale, the commissioner may withdraw any lands.
Sec. 27. [92.145] [UNSOLD LANDS.]
Except for school trust lands, parcels remaining unsold
after the public sale offering may be sold to anyone agreeing to
pay the minimum bid established for the public sale. The sale
shall continue until all eligible parcels have been sold or the
commissioner withdraws the remaining parcels from sale.
Sec. 28. Minnesota Statutes 2002, section 92.16, is
amended by adding a subdivision to read:
Subd. 5. [LANDS SALES AFTER JULY 1, 2004.] Notwithstanding
subdivisions 1 to 4, no certificate of sale shall be issued for
land sold on or after July 1, 2004. The terms of payment for
land sales on or after July 1, 2004, are as provided in section
92.06, subdivision 1a.
Sec. 29. Minnesota Statutes 2002, section 92.28, is
amended to read:
92.28 [PROCEEDS OF SALES; DISTRIBUTION.]
(a) A portion of the proceeds from the sale, equal in
amount to the survey, appraisal, legal, advertising, and other
expenses incurred by the commissioner in rendering the property
salable and included in the minimum bid amount, shall be
remitted to the account from which the expenses were paid and
are appropriated and immediately available for expenditure in
the same manner as other money in the account.
(b) The principal sums remainder of the proceeds accruing
from all sales by the commissioner of school, university,
internal improvement, or other state lands, or of pine timber
upon state lands must be deposited in the several permanent
funds to which they, respectively, belong. The sums may not be
reduced by any costs or charges of officers, by fees, or any
other means.
(c) Money received as interest on the funds, as penalties,
or as rents of the lands, must be deposited in the current or
general funds to which they belong. Interest and penalties on
the internal improvement land fund, and rents of the land, must
be compounded with the permanent fund.
Sec. 30. Minnesota Statutes 2002, section 92.29, is
amended to read:
92.29 [LAND PATENTS.]
The commissioner of natural resources shall sign and issue
in the name of the state and under the seal of the state a
patent for the land described in any certificate of sale when
the principal and interest specified in the certificate of sale
and all delinquent taxes due on the land have been paid. The
patent shall be issued to the purchaser named in the certificate
of sale, or the purchaser's successor in interest by execution,
judicial, mortgage or tax sale, or the assignee, vendee, heir or
devisee of the purchaser, as shown by a properly certified
abstract of title or other evidence if the purchaser's successor
is a person other than the purchaser named in the certificate of
sale. If the certificate of sale has become lost or destroyed,
an affidavit stating that fact or a certified copy of the
certificate must be submitted by the applicant for a
patent. When total payment is made within 90 days of the sale,
the commissioner shall sign and issue, in the name of the state
and under the seal of the state, a patent for the land sold.
Sec. 31. Minnesota Statutes 2002, section 92.321,
subdivision 1, is amended to read:
Subdivision 1. [COMMISSIONER MAY SELL LANDS.] The
commissioner of natural resources may appraise and sell any
unreserved state public land which in the commissioner's opinion
is suitable for private forest management.
Sec. 32. Minnesota Statutes 2002, section 94.09,
subdivision 1, is amended to read:
Subdivision 1. [APPLICABILITY.] All tracts or lots of real
property belonging to the state of Minnesota or that may
hereafter accrue to the state, including tracts or lots which
have escheated to the state, may be disposed of in accordance
with sections 94.09 to 94.16; provided, sections 94.09 to 94.16
shall not apply to school or other trust fund lands, belonging
to the state, or that may hereafter accrue to the state, under
and by virtue of any act of Congress or to any other state-owned
lands the sale or disposition of which is otherwise provided for
by law. All tracts or lots of real property belonging to the
state and under the control and supervision of the commissioner
of natural resources shall be disposed of according to sections
94.09 to 94.16, unless otherwise provided by law.
Sec. 33. Minnesota Statutes 2002, section 94.09,
subdivision 3, is amended to read:
Subd. 3. [NOTICE TO AGENCIES; DETERMINATION OF SURPLUS.]
On or before October 1 of each year, the commissioner of
administration shall review the certifications of heads of each
department or agency provided for in this section. The
commissioner of natural resources shall send written notice to
all state departments, agencies and the University of Minnesota
describing any lands or tracts which may be declared surplus.
If a department or agency or the University of Minnesota desires
custody of the lands or tracts, it shall submit a written
request to the commissioner, no later than four calendar weeks
after mailing of the notice, setting forth in detail its reasons
for desiring to acquire, and its intended use of, the land or
tract. The commissioner of administration shall then determine
whether any of the lands described in the certifications of the
heads of the departments or agencies should be declared surplus
and offered for sale or otherwise disposed of by transferring
custodial control to other requesting state departments or
agencies or to the Board of Regents of the University of
Minnesota for educational purposes, provided however that
transfer to the Board of Regents shall not be determinative of
tax exemption or immunity. If the commissioner determines that
any of such the lands are no longer needed for state purposes,
the commissioner shall make findings of fact, describe the
lands, declare such the lands to be surplus state land, and
state the reasons for the sale or disposition thereof, and
notify the state Executive Council of such determination of the
lands.
Sec. 34. Minnesota Statutes 2002, section 94.10, is
amended to read:
94.10 [SURVEYS, APPRAISALS, AND SALE.]
Subdivision 1. [APPRAISAL; NOTICE AND OFFER TO PUBLIC
BODIES.] (a) Before offering any surplus state-owned lands for
sale, the commissioner of administration may survey such natural
resources must establish the value of the lands, and if the
value thereof is estimated to be $40,000 or less, may have such
lands appraised. The commissioner shall have the lands
appraised if the estimated value is in excess of
$40,000 $50,000. The appraiser shall before entering upon the
duties of the office take and subscribe an oath that the
appraiser will faithfully and impartially discharge the duties
as appraiser according to the best of the appraiser's ability
and that the appraiser is not interested directly or indirectly
in any of the lands to be appraised or the timber or
improvements thereon or in the purchase thereof and has entered
into no agreement or combination to purchase the same or any
part thereof, which oath shall be attached to the report of such
appraisal No parcel of state-owned land shall be sold for less
than $1,000.
(b) The appraisals must be made by regularly appointed and
qualified state appraisers. To be qualified, an appraiser must
hold a state appraiser license issued by the Department of
Commerce. The appraisal must be in conformity with the Uniform
Standards of Professional Appraisal Practice of the Appraisal
Foundation.
(c) Before offering such surplus state-owned lands for
public sale, such the lands shall first be offered to the city,
county, town, school district, or other public body corporate or
politic in which the lands are situated for public purposes
and they the lands may be sold for such public purposes for not
less than the appraised value thereof of the lands. To
determine whether a public body desires to purchase the surplus
land, the commissioner of administration natural resources shall
give a written notice to the governing body of each political
subdivision whose jurisdictional boundaries include or are
adjacent to the surplus land. If a public body desires to
purchase the surplus land, it shall submit a written offer to
the commissioner not no later than two weeks after receipt of
notice setting forth in detail its reasons for desiring to
acquire and its intended use of the land. In the event that
more than one public body tenders an offer, the commissioner
shall determine which party shall receive the property, and
shall submit written findings regarding the decision. If lands
are offered for sale for such public purposes, and if a public
body notifies the commissioner of administration of its desire
to acquire such the lands, the public body may have not to
exceed up to two years from the date of the accepted offer to
commence payment for the lands in the manner provided by law.
Subd. 2. [PUBLIC SALE REQUIREMENTS.] (a) Lands certified
as surplus by the head of a department or agency other than the
Department of Natural Resources shall be offered for public sale
by the commissioner of administration as provided in this
paragraph. After complying with subdivision 1 and before any
public sale of surplus state-owned land is made and at least 30
days before the sale, the commissioner of administration natural
resources shall publish a notice thereof at least once in each
week for four successive weeks in a legal newspaper and also of
the sale in a newspaper of general distribution in the city or
county in which the real property to be sold is situated,
which. The notice shall specify the time and place at which the
sale will commence, a general description of the lots or tracts
to be offered, and a general statement of the terms of
sale. Each tract or lot shall be sold separately and shall be
sold for not less than the appraised value thereof. The
commissioner shall also provide electronic notice of sale.
(b) The minimum bid for a parcel of land must include the
estimated value or appraised value of the land and any
improvements and, if any of the land is valuable for
merchantable timber, the value of the merchantable timber. The
minimum bid may include expenses incurred by the commissioner in
rendering the property salable, including survey, appraisal,
legal, advertising, and other expenses.
(c) Parcels remaining unsold after the offering may be sold
to anyone agreeing to pay the appraised value thereof. The sale
shall continue until all parcels are sold or until the
commissioner orders a reappraisal or withdraws the remaining
parcels from sale.
(b) Lands certified as surplus by the commissioner of
natural resources shall be offered for public sale by the
commissioner of natural resources in the manner provided in
paragraph (a) for sales by the commissioner of administration.
(c) Except as provided in section 94.11, the cost of any
survey or appraisal as provided in subdivision 1 shall be added
to and made a part of the appraised value of the lands to be
sold, whether to any political subdivision of the state or to a
private purchaser as provided in this subdivision.
Sec. 35. Minnesota Statutes 2002, section 94.11, is
amended to read:
94.11 [TERMS OF PAYMENT.]
Not less than ten percent of the purchase price shall be
paid at the time of sale with the balance payable as follows:
If the purchase price of any lot or parcel is $5,000 or less,
the balance shall be paid within 90 days of the date of sale.
If the purchase price of any lot or parcel is in excess of
$5,000, the balance shall be paid in equal annual installments
for not more than five years, at the option of the purchaser,
with principal and interest payable annually in advance at a
rate equal to the rate in effect at the time under section
549.09 on the unpaid balance, payable to the state treasury on
or before June 1 each year. Any installment of principal or
interest may be prepaid. Terms of payment for lands sold by the
commissioner of natural resources before July 1, 2004, are the
same as those provided for state public lands by section 92.06,
subdivision 1. For lands sold by the commissioner of natural
resources on or after July 1, 2004, the terms of payment are the
same as those provided for state public lands by section 92.06,
subdivision 1a.
Sec. 36. Minnesota Statutes 2002, section 94.12, is
amended to read:
94.12 [CONTRACT FOR DEED AND QUITCLAIM DEED.]
Subdivision 1. [LANDS SOLD BEFORE JULY 1, 2004.] In the
event a purchaser elects to purchase surplus real property on an
installment basis, the commissioner of administration shall
enter into a contract for deed with the purchaser thereof in
which shall be set forth the description of the real property
sold and the price thereof, the consideration paid and to be
paid therefor, the rate of interest, and time and terms of
payment. This contract for deed shall be made assignable and
shall further set forth that in case of the nonpayment of the
annual principal or interest payment due by the purchaser, or
any person claiming under the purchaser, then the contract for
deed, from the time of such failure, will be entirely void and
of no effect and the state may be repossessed of the lot or
tract and may resell the same as provided in sections 94.09 to
94.16. In the event the terms and conditions of a contract for
deed for lands sold before July 1, 2004, are completely
fulfilled or if a purchaser makes a lump sum payment for the
subject property in lieu of entering into a contract for deed,
the commissioner of administration, shall sign and cause to be
issued a quitclaim deed on behalf of the state. Said quitclaim
deed shall be in a form prescribed by the attorney general and
shall vest in purchaser all of the state's interest in the
subject property except as provided in section 94.14.
Subd. 2. [LANDS SOLD AFTER JULY 1, 2004.] On or after July
1, 2004, when total payment is made within 90 days of the sale,
the commissioner of natural resources shall sign and cause to be
issued a quitclaim deed on behalf of the state. The quitclaim
deed shall be in a form prescribed by the attorney general and
shall vest in the purchaser all of the state's interest in the
subject property, except as provided in section 94.14.
Sec. 37. Minnesota Statutes 2002, section 94.13, is
amended to read:
94.13 [RECORD OF CONTRACTS FOR DEED AND ASSIGNMENTS;
EFFECT.]
(a) A contract for deed issued before July 1, 2004,
pursuant to sections 94.09 to 94.16, or any assignment thereof,
executed and acknowledged as provided by law for the execution
and acknowledgment of deeds may be recorded in the office of the
county recorder of any county in the state in the same manner
and with like effect as deeds are therein recorded. This
contract for deed shall entitle the purchaser thereof, or the
heirs and assigns of the purchaser, to the exclusive possession
of the land therein described, provided its terms have been in
all respects complied with, and the contract for deed and the
record thereof shall be conclusive evidence of title in the
purchaser, or the heirs and assigns of the purchaser, for all
purposes and against all persons, except the state of Minnesota
in case of forfeiture.
(b) When a contract for deed or partial interest in a
contract for deed is assigned, the assignment must be made on a
form provided by the commissioner, executed by the assignor and
assignee, and consented to by the commissioner. An assignment
of a partial interest must state that payment to date has been
made to the commissioner.
(c) When the assignee satisfies the terms of the assignment
and corresponding terms of the contract for deed, the
commissioner shall issue a deed to the assignee.
Sec. 38. Minnesota Statutes 2002, section 94.16,
subdivision 2, is amended to read:
Subd. 2. [PAYMENT OF EXPENSES.] A portion of the proceeds
from the sale equal in amount to the survey, appraisal, legal,
advertising, and other expenses incurred by the commissioner of
administration or other state official natural resources in
rendering the property salable shall be remitted to the account
from which the expenses were paid, and are appropriated and
immediately available for expenditure in the same manner as
other money in the account.
Sec. 39. Minnesota Statutes 2003 Supplement, section
525.161, is amended to read:
525.161 [NO SURVIVING SPOUSE OR KINDRED, NOTICES TO
ATTORNEY GENERAL.]
When it appears from the petition or application for
administration of the estate, or otherwise, in a proceeding in
the court that the intestate left surviving no spouse or
kindred, the court shall give notice of such fact and notice of
all subsequent proceedings in such estate to the attorney
general forthwith; and the attorney general shall protect the
interests of the state during the course of administration. The
residue which escheats to the state shall be transmitted to the
attorney general. All moneys, stocks, bonds, notes, mortgages
and other securities, and all other personal property so
escheated shall then be given into the custody of the
commissioner of finance who shall immediately credit the moneys
received to the general fund. The commissioner of finance shall
hold such stocks, bonds, notes, mortgages and other securities,
and all other personal property, subject to such investment,
sale or other disposition as the State Board of Investment may
direct pursuant to section 11A.04, clause (9). The attorney
general shall immediately report to the State Executive Council
all real property received in the individual escheat, and any
sale or disposition of such real estate shall be made in
accordance with sections 94.09 to 94.16 16B.281 to 16B.287.
Sec. 40. Minnesota Statutes 2003 Supplement, section
525.841, is amended to read:
525.841 [ESCHEAT RETURNED.]
In all such cases the commissioner of finance shall be
furnished with a certified copy of the court's order assigning
the escheated property to the persons entitled thereto, and upon
notification of payment of the estate tax, the commissioner of
finance shall draw a warrant or execute a proper conveyance to
the persons designated in such order. In the event any
escheated property has been sold pursuant to sections 11A.04,
clause (9), and 11A.10, subdivision 2, or 94.09 to 94.16 16B.281
to 16B.287, then the warrant shall be for the appraised value as
established during the administration of the decedent's estate.
There is hereby annually appropriated from any moneys in the
state treasury not otherwise appropriated an amount sufficient
to make payment to all such designated persons. No interest
shall be allowed on any amount paid to such persons.
Sec. 41. [REPEALER.]
Minnesota Statutes 2002, sections 92.09; 92.11; and 94.09,
subdivisions 2, 4, 5, and 6, are repealed.
Sec. 42. [EFFECTIVE DATE.]
Sections 1 to 41 are effective August 1, 2004.
ARTICLE 2
STATE LAND MANAGEMENT
Section 1. Minnesota Statutes 2002, section 84.0272, is
amended by adding a subdivision to read:
Subd. 3. [MINIMAL VALUE ACQUISITION.] (a) Notwithstanding
subdivision 1, if the commissioner determines that lands or
interests in land have a value less than $5,000, the
commissioner may acquire the lands for the value determined by
the commissioner without an appraisal. The commissioner shall
make the determination based upon available information
including, but not limited to:
(1) the most recent assessed market value of the land or
interests in land as determined by the county assessor of the
county in which the land or interests in land is located;
(2) a sale price of the land or interests in land, provided
the sale occurred within the past year;
(3) the sale prices of comparable land or interests in land
located in the vicinity and sold within the past year; or
(4) an appraisal of the land or interests in land conducted
within the past year.
(b) In the event the value is minimal, the commissioner may
add a transaction incentive, provided that the sum of the
incentive plus the value of the land does not exceed $1,000.
Sec. 2. Minnesota Statutes 2002, section 84.0272, is
amended by adding a subdivision to read:
Subd. 4. [AGREEMENT BY LANDOWNER.] The commissioner shall
utilize the valuation methods prescribed in subdivisions 2 and 3
only with prior consent of the landowner from whom the state
proposes to purchase land or interests in land.
Sec. 3. Minnesota Statutes 2002, section 84.033, is
amended to read:
84.033 [SCIENTIFIC AND NATURAL AREAS.]
Subdivision 1. [ACQUISITION; DESIGNATION.] The
commissioner of natural resources may acquire by gift, lease,
easement, or purchase, in the manner prescribed under chapter
117, in the name of the state, lands or any interest in lands
suitable and desirable for establishing and maintaining
scientific and natural areas. The commissioner shall designate
any land so acquired as a scientific and natural area and shall
administer any land so acquired and designated as provided by
section 86A.05.
Subd. 2. [DESIGNATION APPROVAL.] No scientific and natural
area may be designated unless the designation is approved by
resolution of the board of the county in which the land is
located.
[EFFECTIVE DATE.] This section is effective for
designations after the date of enactment.
Sec. 4. Minnesota Statutes 2002, section 86A.05,
subdivision 14, is amended to read:
Subd. 14. [AQUATIC MANAGEMENT AREAS.] (a) Aquatic
management areas may be established to protect, develop, and
manage lakes, rivers, streams, and adjacent wetlands and lands
that are critical for fish and other aquatic life, for water
quality, and for their intrinsic biological value, public
fishing, or other compatible outdoor recreational uses.
(b) Aquatic management areas may be established to protect
wetland areas under ten acres that are donated to the Department
of Natural Resources.
(c) No unit may be authorized unless it meets one or more
of the following criteria:
(1) provides angler or management access;
(2) protects fish spawning, rearing, or other unique
habitat;
(3) protects aquatic wildlife feeding and nesting areas;
(4) protects critical shoreline habitat; or
(5) provides a site for research on natural history.
(d) Aquatic management areas must be administered by the
commissioner of natural resources in a manner consistent with
the purposes of this subdivision to perpetuate and, if
necessary, reestablish high quality aquatic habitat for
production of fish, wildlife, and other aquatic species. Public
fishing and other uses shall be consistent with the limitations
of the resource, including the need to preserve adequate
populations and prevent long-term habitat injury or excessive
fish population reduction or increase. Public access to aquatic
management areas may be closed during certain time periods.
(e) State-owned lands or waters, or any state-owned
interests in lands or waters, acquired before August 1, 2000,
that meet the criteria of this subdivision and that have been
administered by the commissioner of natural resources as fish
management areas or other areas of fishery interest are
authorized as units of the outdoor recreation system upon
designation by the commissioner of natural resources as aquatic
management areas.
Sec. 5. Minnesota Statutes 2002, section 92.121, is
amended to read:
92.121 [PERMANENT SCHOOL FUND LANDS.]
The commissioner of natural resources shall exchange
permanent school fund land as defined in the Minnesota
Constitution, article XI, section 8, located in state parks,
state recreation areas, wildlife management areas, scientific
and natural areas, or state waysides or on lands managed by the
commissioner as old growth stands, for other lands as allowed by
the Minnesota Constitution, article XI, section 10, and section
94.343, subdivision 1, that are compatible with the goal of the
permanent school fund lands in section 127A.31 when, as a result
of management practices applied to the permanent school fund
lands and associated resources, revenue generation has been
diminished or is prohibited and no alternative has been put into
effect to compensate the permanent school fund for the income
losses.
Sec. 6. [103G.407] [WATER LEVEL CONTROLS FOR PUBLIC WATERS
WITH AN OUTLET.]
(a) The commissioner, upon due consideration of
recommendations and objections as provided in paragraph (c), may
issue a public waters work permit to establish a control
elevation for a public water with an outlet that is different
than any previously existing or established control level when:
(1) all of the property abutting the ordinary high water
mark of the public water is in public ownership or the public
entity has obtained permanent flowage easements; and
(2) the commissioner finds that the proposed change in the
control level is in the public interest and causes minimal
adverse environmental impact.
(b) In addition to the requirements in section 103G.301,
subdivision 6, if the proposed control elevation differs from
any historical control level, the permit applicant shall serve a
copy of the application on each county and municipality within
which any portion of the lake is located and on the lake
improvement district, if one exists.
(c) A county, municipality, watershed district, watershed
management organization, or lake improvement district required
to be served under paragraph (b) or section 103G.301,
subdivision 6, may file a written recommendation for the
issuance of the permit or an objection to the issuance of the
permit with the commissioner within 30 days after receiving a
copy of the application.
Sec. 7. Minnesota Statutes 2002, section 164.08,
subdivision 2, is amended to read:
Subd. 2. [MANDATORY ESTABLISHMENT; CONDITIONS.] (a) Upon
petition presented to the town board by the owner of a tract of
land containing at least five acres, who has no access thereto
except over a navigable waterway or over the lands of others, or
whose access thereto is less than two rods in width, the town
board by resolution shall establish a cartway at least two rods
wide connecting the petitioner's land with a public road. A
town board shall establish a cartway upon a petition of an owner
of a tract of land that, as of January 1, 1998, was on record as
a separate parcel, contained at least two but less than five
acres, and has no access thereto except over a navigable
waterway or over the lands of others. The town board may select
an alternative route other than that petitioned for if the
alternative is deemed by the town board to be less disruptive
and damaging to the affected landowners and in the public's best
interest.
(b) In an unorganized territory, the board of county
commissioners of the county in which the tract is located shall
act as the town board. The proceedings of the town board shall
be in accordance with section 164.07.
(c) The amount of damages shall be paid by the petitioner
to the town before such cartway is opened. For the purposes of
this subdivision damages shall mean the compensation, if any,
awarded to the owner of the land upon which the cartway is
established together with the cost of professional and other
services, hearing costs, administrative costs, recording costs,
and other costs and expenses which the town may incur in
connection with the proceedings for the establishment of the
cartway. The town board may by resolution require the
petitioner to post a bond or other security acceptable to the
board for the total estimated damages before the board takes
action on the petition.
(d) Town road and bridge funds shall not be expended on the
cartway unless the town board, or the county board acting as the
town board in the case of a cartway established in an
unorganized territory, by resolution determines that an
expenditure is in the public interest. If no resolution is
adopted to that effect, the grading or other construction work
and the maintenance of the cartway is the responsibility of the
petitioner, subject to the provisions of section 164.10.
(e) After the cartway has been constructed the town board,
or the county board in the case of unorganized territory, may by
resolution designate the cartway as a private driveway with the
written consent of the affected landowner in which case from the
effective date of the resolution no town road and bridge funds
shall be expended for maintenance of the driveway; provided that
the cartway shall not be vacated without following the vacation
proceedings established under section 164.07.
Sec. 8. Minnesota Statutes 2002, section 282.01,
subdivision 3, is amended to read:
Subd. 3. [NONCONSERVATION LANDS; APPRAISAL AND SALE.] All
parcels of land classified as nonconservation, except those
which may be reserved, shall be sold as provided, if it is
determined, by the county board of the county in which the
parcels lie, that it is advisable to do so, having in mind their
accessibility, their proximity to existing public improvements,
and the effect of their sale and occupancy on the public
burdens. Any parcels of land proposed to be sold shall be first
appraised by the county board of the county in which the parcels
lie. The parcels may be reappraised whenever the county board
deems it necessary to carry out the intent of sections 282.01 to
282.13. In an appraisal the value of the land and any standing
timber on it shall be separately determined. No parcel of land
containing any standing timber may be sold until the appraised
value of the timber on it and the sale of the land have been
approved by the commissioner of natural resources. The
commissioner shall base review of a proposed sale on the policy
and considerations specified in subdivision 1. The decision of
the commissioner shall be in writing and shall state the reasons
for it. The county may appeal the decision of the commissioner
in accordance with chapter 14.
In any county in which a state forest or any part of it is
located, the county auditor shall submit to the commissioner at
least 30 60 days before the first publication of the list of
lands to be offered for sale a list of all lands included on the
list which are situated outside of any incorporated municipality.
If, at any time before the opening of the sale, the commissioner
notifies the county auditor in writing that there is standing
timber on any parcel of such land, the parcel shall not be sold
unless the requirements of this section respecting the separate
appraisal of the timber and the approval of the appraisal by the
commissioner have been complied with. The commissioner may
waive the requirement of the 30-day 60-day notice as to any
parcel of land which has been examined and the timber value
approved as required by this section.
If any public improvement is made by a municipality after
any parcel of land has been forfeited to the state for the
nonpayment of taxes, and the improvement is assessed in whole or
in part against the property benefited by it, the clerk of the
municipality shall certify to the county auditor, immediately
upon the determination of the assessments for the improvement,
the total amount that would have been assessed against the
parcel of land if it had been subject to assessment; or if the
public improvement is made, petitioned for, ordered in or
assessed, whether the improvement is completed in whole or in
part, at any time between the appraisal and the sale of the
parcel of land, the cost of the improvement shall be included as
a separate item and added to the appraised value of the parcel
of land at the time it is sold. No sale of a parcel of land
shall discharge or free the parcel of land from lien for the
special benefit conferred upon it by reason of the public
improvement until the cost of it, including penalties, if any,
is paid. The county board shall determine the amount, if any,
by which the value of the parcel was enhanced by the improvement
and include the amount as a separate item in fixing the
appraised value for the purpose of sale. In classifying,
appraising, and selling the lands, the county board may
designate the tracts as assessed and acquired, or may by
resolution provide for the subdivision of the tracts into
smaller units or for the grouping of several tracts into one
tract when the subdivision or grouping is deemed advantageous
for the purpose of sale. Each such smaller tract or larger
tract must be classified and appraised as such before being
offered for sale. If any such lands have once been classified,
the board of county commissioners, in its discretion, may, by
resolution, authorize the sale of the smaller tract or larger
tract without reclassification.
Sec. 9. Laws 1997, chapter 216, section 151, is amended to
read:
Sec. 151. [HORSESHOE BAY LEASES.]
Subdivision 1. [DEFINITIONS.] (a) "Lessee" means a lessee
of lands leased under Minnesota Statutes, section 92.46, that
are located in Section 16, Township 62 North, Range 4 East, Cook
County, of record with the commissioner of natural resources as
of May 14, 1993.
(b) "New lease" means a lease issued after the effective
date of this act from May 31, 1997, to May 31, 2004, under the
terms and conditions specified in Minnesota Statutes, section
92.46, subdivisions 1, 1a, and 3, except that the lease may be
for a life term and is not assignable or transferable and may
not be amended to include additional lessees.
(c) "Amended lease" means a lease issued after May 31,
2004, under the terms and conditions specified in Minnesota
Statutes, section 92.46, subdivisions 1, 1a, and 3, except that:
(1) the term of the lease shall be for the lifetime of the
party being issued the amended lease and, if transferred, for
the lifetime of the party to whom the lease is transferred;
(2) the lease shall provide that the lease may be
transferred only once and the transfer must be to a person
within the second degree of kindred according to civil law;
(3) the commissioner shall limit the number of transferees
per lease to no more than two persons who have attained legal
age; and
(4) the lease rates shall be as provided in Laws 2003,
First Special Session chapter 9, article 1, section 52.
Subd. 2. [OPTIONS FOR LESSEES.] (a) If requested in
writing by a lessee before January 1, 1998, the commissioner
shall, at the lessee's option:
(1) pay to the lessee the appraised value of the lessee's
improvements on the land and terminate the existing lease as of
the date of payment for improvements; or
(2) issue a new lease for the life of the lessee that
provides that when the lease term expires, the commissioner
shall pay to the lessee or a beneficiary that must be designated
in writing by the lessee the appraised value of the lessee's
improvements on the land. A lessee who elects this option may
elect to terminate the lease at any time during the term of the
lease in exchange for payment by the commissioner for the
appraised value of the lessee's improvements on the land.
(b) If the commissioner has not received written notice of
a lessee's election under paragraph (a) by January 1, 1998, the
commissioner may proceed under paragraph (a), clause (1).
(c) If requested in writing by the lessee before January 1,
2005, the commissioner shall issue an amended lease to a lessee
who holds a new lease issued under paragraph (a). When the
amended lease term expires, the commissioner shall pay to the
lessee, the transferee, or a beneficiary that must be designated
in writing by the lessee or the transferee, the appraised value
of the lessee's or transferee's improvements on the land. A
lessee or transferee may elect to terminate the lease at any
time during the term of the lease in exchange for payment by the
commissioner for the appraised value of the lessee's or
transferee's improvements on the land.
(d) After the effective date of this section May 31, 1997,
no lessee under paragraph (a), clause (2), or (c), shall
construct or remodel, other than necessary for maintenance and
upkeep, a cabin or other structure during the lease.
(d) (e) The commissioner may use money appropriated from
the land acquisition account under Minnesota Statutes, section
94.165, for payments under paragraph (a) or (c).
(e) (f) Notwithstanding Minnesota Statutes, section 92.46,
subdivision 1a, the commissioner may elect whether to amend the
leases in paragraph (a) or (c) to expand lot size to conform
with current shoreline standards.
Sec. 10. Laws 2003, First Special Session chapter 13,
section 6, is amended to read:
Sec. 6. [PROPOSED GREENLEAF LAKE STATE PARK.]
Subdivision 1. [85.012] [Subd. 24b.] [PROPOSED PARK
GREENLEAF LAKE STATE PARK, MEEKER COUNTY.] Boundaries for a
proposed Greenleaf Lake state park is established in Meeker
county are established according to subdivision 2.
Subd. 2. [BOUNDARIES.] The following described lands are
proposed for added to Greenleaf Lake state park, all in Township
118 North, Range 30 West, Meeker county:
(1) all of Government Lots 1 and 2, the East Half of the
South 23.61 acres of Government Lot 3, and Government Lot 4,
excepting that part described as follows: Beginning at a point
109 feet South of a point on the section line which is 4301.5
feet East of the northwest corner of Section 20; thence in a
southwesterly direction South 14 degrees 36 seconds West 403.0
feet; thence in a southeasterly direction South 75 degrees 24
minutes East 402 feet, to a point on the meandered line of Sioux
Lake; thence in a northeasterly direction along the meandered
line North 14 degrees 36 minutes East 553 feet; thence in a
southwesterly direction along the meandered line South 84
degrees 00 minutes West 431 feet, to the point of beginning,
said exception containing 4.4 acres more or less; all in Section
20;
(2) all of Government Lot 2, the Southeast Quarter except
that described as follows: Beginning at the northeast corner of
said Southwest Quarter of the Southeast Quarter; thence on an
assumed bearing of South 0 degrees 08 minutes 46 seconds West,
along the east line of said Southwest Quarter of the Southeast
Quarter, a distance of 306.24 feet; thence on a bearing of North
84 degrees 17 minutes 23 seconds West, 628.50 feet; thence on a
bearing of North 0 degrees 08 minutes 46 seconds East, 338.05
feet; thence on a bearing of South 86 degrees 08 minutes East,
626.86 feet to the east line of the Northwest Quarter of the
Southeast Quarter; thence on a bearing of South 0 degrees 08
minutes 46 seconds West, along last said line, 52.07 feet to the
point of beginning. Containing 2.5 acres, more or less.
Subject to the rights of the public in County Road No. 172; and
excepting the north nine and eighty-four hundredths (9.84) acres
of the Southeast Quarter of the Southeast Quarter described as
follows: Beginning at the northeast corner of the Southeast
Quarter of the Southeast Quarter and running; thence West
nineteen and ninety-two hundredths chains (19.92) to the 1/16
section corner; thence South on the 1/16 section line four and
sixty-four hundredths (4.64) chains; thence East nineteen and
ninety-three hundredths (19.93) chains to the section line;
thence North on section line five and twenty-four hundredths
(5.24) chains to the place of beginning; all in Section 21;
(3) the Northeast Quarter of the Northeast Quarter, the
Northwest Quarter of the Northeast Quarter, the Northeast
Quarter of the Northwest Quarter, and the Northwest Quarter of
the Northwest Quarter, all in Section 28;
(4) all of Section 29, except that part of Government Lot 4
bounded by the following described lines: Beginning at a point
of intersection with the center line of County Road No. 169 and
the north line of said Section 29; thence North 90 degrees 00
minutes East, 994.8 feet along the north line of said Section
29; thence South 00 degrees 00 minutes West, 17.9 feet; thence
South 75 degrees 28 minutes West, 1051.4 feet, to the center
line of County Road No. 169; thence North 04 degrees 39 minutes
East, 282.7 feet along the center line of County Road No. 169 to
the point of beginning: Including all riparian rights to the
contained 3.4 acres more or less and subject to existing road
easements; all in Section 29;
(5) the Southeast Quarter of the Southeast Quarter, the
Northeast Quarter of the Southeast Quarter, the Southeast
Quarter of the Northeast Quarter, and the Northeast Quarter of
the Northeast Quarter, all in Section 30; and
(6) the West 15 acres of the Northwest Quarter of the
Northwest Quarter of Section 32.
Subd. 3. [LAND PURCHASES.] The commissioner may not use
money in the land acquisition account under Minnesota Statutes,
section 94.165, to purchase land for Greenleaf state park. The
commissioner may only purchase land for Greenleaf state park
with money appropriated specifically for that purpose.
Sec. 11. [ADDITIONS TO STATE PARKS.]
Subdivision 1. [85.012] [Subd. 13.] [CHARLES A. LINDBERGH
STATE PARK, MORRISON COUNTY.] The following areas are added to
Charles A. Lindbergh State Park, Morrison County:
(1) Lots 3, 4, 5, 6, 7, 8, 9, 10, and 11, Block 1, Little
Elk Meadows, according to the plat on file in the office of the
registrar of titles, Morrison County, Minnesota, excepting
one-half of all mineral and mineral rights; and
(2) that part of Government Lots 2 and 3, Section 5,
Township 129, Range 29, Morrison County, Minnesota, described as
follows: Commencing at the found 1/2" iron pipe which marks the
position of the northwest corner of said Section 5, as
perpetuated since 1936 by the Morrison County Highway
Department; thence East on an assumed bearing along the north
line of the Northwest Quarter of said Section 5, as determined
by found monuments, a distance of 2423.44 feet to a found 1"
iron pipe monument; thence South 36 degrees 16 minutes West
along the approximate centerline of said County Road 213 a
distance of 1479.77 feet; thence South 24 degrees 14 minutes
West along said approximate centerline a distance of 278.26
feet; thence South 15 degrees 56 minutes 36 seconds West along
said approximate centerline a distance of 86.47 feet to its
intersection with said common line between Nelson and
Schoessling; thence South 89 degrees 38 minutes 12 seconds East
a distance of 34.26 feet to a found 5/8" diameter iron pin on
the easterly right-of-way line of said County Road 213, the
point of beginning; thence South 15 degrees 56 minutes 36
seconds West along said easterly right-of-way line a distance of
1246.81 feet to a 1/2" diameter iron pipe monument capped RLS
10832 which bears South 74 degrees 38 minutes 37 seconds East a
distance of 33.00 feet from a found 1/2" iron pin set by Lehman
in his 1948 survey at the approximate centerline of said County
Road 213; thence South 14 degrees 52 minutes 10 seconds West
along said easterly line of County Road 213 a distance of 338.93
feet to a 1/2" iron pipe monument capped RLS 10832 which bears
South 41 degrees 39 minutes 13 seconds East a distance of 39.56
feet from a found 1/2" diameter iron pin set by Lehman in said
survey at the approximate centerline of said County Road 213;
thence continuing South 14 degrees 52 minutes 10 seconds West
along said easterly right-of-way line a distance of 44 feet,
more or less, to the northerly bank of the Little Elk River,
said bank coinciding with the shoreline; thence southeasterly
963 feet, more or less, along said northerly bank of the Little
Elk River to its confluence with the Mississippi River; thence
northerly along the bank and shoreline of said Mississippi River
a distance of 2807 feet, more or less, to its intersection with
the said common line between Nelson and Schoessling; thence
North 89 degrees 53 minutes 26 seconds West along said common
line a distance of 7 feet, more or less, to a found 1/2"
diameter iron pipe monument capped RLS 3091, one of four
consecutive monuments set on said common line by Dean Anderson
in his survey dated February 15, 1973; thence continuing North
89 degrees 53 minutes 26 seconds West on said common line a
distance of 370.36 feet to a found 1/2" diameter iron pipe
monument capped RLS 3091; thence continuing on said common line
North 89 degrees 59 minutes 46 seconds West a distance of 242.55
feet to a found 1/2" diameter iron pipe monument capped RLS
3091; thence continuing on said common line North 89 degrees 59
minutes 51 seconds West a distance of 387.43 feet to a 1/2"
diameter iron pipe monument capped RLS 3091; thence continuing
on said common line North 89 degrees 38 minutes 12 seconds West
a distance of 239.51 feet to a 5/8" diameter iron pin set by
Lehman in his 1948 survey, the point of beginning, and there
terminating, all in accordance with the survey of Ron Murphy,
RLS 10832, dated January 20, 1983. Containing 67.80 acres, more
or less, this description is intended to describe all real
estate described in Certificates of Title Numbers 848 and 855.
Subd. 2. [85.012] [Subd. 14.] [CROW WING STATE PARK, CROW
WING, CASS, AND MORRISON COUNTIES.] The following area is added
to Crow Wing State Park, all in Section 18, Township 44, Range
31, Crow Wing County: the Northwest Quarter of the Northeast
Quarter except the South 330 feet thereof, and the Northeast
Quarter of the Northeast Quarter except the South 330 feet
thereof; except that part of the Northeast Quarter of the
Northeast Quarter described as follows: Commencing at the
northeast corner of the said Northeast Quarter of the Northeast
Quarter; thence West 660 feet on the north line of said
Northeast Quarter of the Northeast Quarter; thence South 330
feet parallel to the east line of said Northeast Quarter of the
Northeast Quarter; thence East 660 feet to the east line of said
Northeast Quarter of the Northeast Quarter (said line being
parallel to the north line to said Northeast Quarter of the
Northeast Quarter); thence North on the east line of said
Northeast Quarter of the Northeast Quarter 330 feet to the point
of beginning.
Subd. 3. [85.012] [Subd. 19.] [FORESTVILLE MYSTERY CAVE
STATE PARK, FILLMORE COUNTY.] (a) The following areas are added
to Forestville State Park, all in Township 102 North, Range 12
West, Fillmore County:
(1) that part of the Southeast Quarter of the Northwest
Quarter and that part of the Northeast Quarter of the Southwest
Quarter of Section 25, described as follows: Beginning at the
northeast corner of said Southeast Quarter of the Northwest
Quarter; thence on a bearing, based on the 1983 Fillmore County
Coordinate System (1986 Adjustment), of South 00 degrees 06
minutes 09 seconds West along the east line of said Southeast
Quarter of the Northwest Quarter 1314.86 feet to the northeast
corner of said Northeast Quarter of the Southwest Quarter;
thence continuing South 00 degrees 06 minutes 09 seconds West
along the east line of said Northeast Quarter of the Southwest
Quarter 1306.56 feet to the southeast corner of said Northeast
Quarter of the Southwest Quarter; thence South 89 degrees 26
minutes 26 seconds West along the south line of said Northeast
Quarter of the Southwest Quarter 13.50 feet; thence North 00
degrees 54 minutes 48 seconds West 1441.34 feet; thence North 02
degrees 12 minutes 23 seconds West 298.58 feet; thence North 01
degree 21 minutes 29 seconds West 483.51 feet; thence North 00
degrees 04 minutes 31 seconds East 397.73 feet to the north line
of said Southeast Quarter of the Northwest Quarter; thence North
89 degrees 09 minutes 53 seconds East along said north line
63.60 feet to the point of beginning; and
(2) that part of the West Half of the Northeast Quarter and
that part of the Northwest Quarter of the Southeast Quarter of
Section 25, described as follows: Commencing at the northwest
corner of said West Half of the Northeast Quarter being an in
place Fillmore County cast iron monument; thence on a bearing,
based on the 1983 Fillmore County Coordinate System (1986
Adjustment), of South 00 degrees 06 minutes 09 seconds West
along the west line of said West Half of the Northeast Quarter
1169.24 feet to a 3/4" by 24" rebar with a plastic cap stamped
"MN DNR LS 17003" (DNR MON) and the point of beginning; thence
North 89 degrees 57 minutes 41 seconds East 1000.00 feet to a
DNR MON; thence South 00 degrees 06 minutes 09 seconds West
1638.29 feet to a DNR MON; thence South 89 degrees 57 minutes 41
seconds West 1000.00 feet to the west line of said Northwest
Quarter of the Southeast Quarter and a DNR MON; thence North 00
degrees 06 minutes 09 seconds East along the west line of said
Northwest Quarter of the Southeast Quarter and along the west
line of said West Half of the Northeast Quarter 1638.29 feet to
the point of beginning.
(b) The commissioner shall manage this addition as a state
park as provided in Minnesota Statutes, section 86A.05,
subdivision 2, but in addition to other activities authorized in
Forestville Mystery Cave State Park, the commissioner shall
allow hunting.
Subd. 4. [85.012] [Subd. 22.] [GEORGE H. CROSBY MANITOU
STATE PARK, LAKE COUNTY.] The following area is added to George
H. Crosby Manitou State Park, Lake County, all in Township 58
North, Range 6 West: the Southeast Quarter of the Northwest
Quarter of Section 14; the Southwest Quarter of the Northeast
Quarter and the Southeast Quarter of the Northwest Quarter of
Section 15; the Southwest Quarter of the Northwest Quarter and
the Northwest Quarter of the Southwest Quarter of Section 23;
and the Southwest Quarter of the Northwest Quarter of Section 26.
Subd. 5. [85.012] [Subd. 29.] [ITASCA STATE PARK, HUBBARD,
CLEARWATER, AND BECKER COUNTIES.] The following areas are added
to Itasca State Park, all in Township 142, Range 36, Becker
County:
(1) Bureau of Land Management Island County Control Number
7 within Twin Island Lake and located in that part of the
Southwest Quarter of the Southwest Quarter of Section 5; that
part of the Southeast Quarter of the Southeast Quarter of
Section 6; that part of the Northeast Quarter of the Northeast
Quarter of Section 7; and that part of the Northwest Quarter of
the Northwest Quarter of Section 8; and
(2) Bureau of Land Management Island County Control Number
8 within Twin Island Lake and located in that part of the
Northeast Quarter of the Northeast Quarter of Section 7.
Subd. 6. [85.012] [Subd. 41.] [MAPLEWOOD STATE PARK, OTTER
TAIL COUNTY.] The following area is added to Maplewood State
Park, Otter Tail County: Bureau of Land Management Island
County Control Number 86 within South Arm Lida Lake and located
in that part of the Northwest Quarter of the Southeast Quarter
of Section 32, Township 136, Range 42.
Subd. 7. [85.012] [Subd. 44.] [MONSON LAKE STATE PARK,
SWIFT COUNTY.] The following areas are added to Monson Lake
State Park, Swift County:
(1) Bureau of Land Management Island County Control Number
001 within Monson Lake and located in that part of Government
Lot 1, Section 2, Township 121, Range 37; and
(2) that part of Government Lot 1, Section 35, Township 122
North, Range 37 West, Swift County, Minnesota, described as
follows: Commencing at Government Meander Corner No. 2 (being
the meander corner common to Section 35 and Section 36, Township
122 North, Range 37 West); thence southwesterly a distance of
170 feet along the government meander line in said Section 35 to
the POINT OF BEGINNING; thence continuing southwesterly, a
distance of 445 feet along said meander line to the meander
corner; thence West, a distance of 328 feet along the south line
of said Government Lot 1 to the meander corner; thence
northwesterly, a distance of 214 feet along the meander line in
said Section 35; thence northeasterly, a distance of 620 feet to
the point of beginning.
Subd. 8. [85.012] [Subd. 55a.] [TETTEGOUCHE STATE PARK,
LAKE COUNTY.] The following areas are added to Tettegouche State
Park, Lake County:
(1) the West Half of the Southwest Quarter of the Northwest
Quarter of the Southwest Quarter lying south and west of the
Baptism River in Section 3; the East Half of the Southeast
Quarter lying south and west of the Baptism River in Section 4;
that part of the Northeast Quarter of the Northwest Quarter in
Section 10, lying south of the centerline of State Highway No.
1, except that part thereof lying north of a line parallel to
and 560 feet northerly distant from the south line of said
Northeast Quarter of the Northwest Quarter, and between two
lines parallel to and distant, respectively, 100 feet and 420
feet westerly distant from the east line of said Northeast
Quarter of the Northwest Quarter; the West 450 feet of the
Southeast Quarter of the Southwest Quarter of Section 11,
excepting therefrom, the South 425 feet; all that part of
Government Lot Two (2), Section Fifteen (15), Township Fifty-six
(56), Range Seven (7) West, lying southeasterly of U.S. No.
Highway 61, EXCEPT that part of Government Lot Two, described as
follows: Commencing at the quarter corner between said Sections
15 and 22, 56-7, thence running East along section line between
said Sections 15 and 22 to a point 503.0 feet East of said
quarter corner, thence turning an angle of 75 degrees 00 minutes
to the left and running 425.0 feet to a point designated by a
2-inch iron pipe, being the point of beginning, thence running
in a northwesterly direction to a point on the west boundary
line of Government Lot Two, which will be approximately 970.0
feet north of the quarter corner between said Sections 15 and
22, thence North along west boundary line of Government Lot Two
to the northwest corner of Government Lot Two, thence East along
north boundary line of Government Lot Two approximately 240.0
feet, thence in southeasterly direction to a point on east side
of point of rocks projecting into Lake Superior marked with an
X, thence in a southwesterly direction along the shore of Lake
Superior to the point of beginning. (X mark on rock being in a
line making a deflection angle of 45 degrees 51 minutes to the
left with east and west section line from a point on the section
line 503.0 feet East of the quarter corner between Sections 15
and 22 and being approximately 830 feet from said point on said
section line.) Said parcel to contain ten (10) acres and to be
subject to existing right-of-way easements and all mineral and
gravel rights heretofore granted, AND EXCEPT that part of
Government Lot Two, described as follows: Commencing at the
northeast corner of Government Lot Two marked by an iron pipe,
set in 1964 by Tofte, Lice #2888, thence South 89 degrees 49
minutes 00 seconds West, assumed bearing, along the north line
of said Lot 2 a distance of 599.2 feet; thence southwesterly
105.69 feet along a non-tangential curve to the right, radius of
2864.79 feet, delta angle of 02 degrees 06 minutes 50 seconds,
chord of 105.69 feet, chord bearing of South 32 degrees 14
minutes 35 seconds West; thence South 33 degrees 18 minutes 00
seconds West 193.70 feet to the Point of Beginning of the parcel
herein described: thence returning North 33 degrees 18 minutes
00 seconds East 20.17 feet; thence South 70 degrees 21 minutes
14 seconds East 51.45 feet; thence South 62 degrees 07 minutes
40 seconds East 389.11 feet; thence South 81 degrees 45 minutes
44 seconds East 100.18 feet; thence South 72 degrees 51 minutes
58 seconds East 181 feet more or less to the shore of Lake
Superior; thence southwesterly along said shore 265 feet more or
less to the intersection with a line bearing South 47 degrees 37
minutes 00 seconds East from the point of beginning; thence
North 47 degrees 37 minutes 00 seconds West 697 feet more or
less to the point of beginning; all that part of the Southeast
Quarter of the Southwest Quarter of Section Fifteen (15),
Township Fifty-six (56), Range Seven (7) West, lying
southeasterly of U.S. Highway No. 61; all that part of
Government Lot 1 lying southeast of U.S.T.H. No. 61; the North
Half of Government Lot 2; and that part of the Southwest Quarter
of the Northwest Quarter lying south and east of Highway 61 in
Section 22; all in Township 56 North, Range 7 West; and
(2) that part of the Northeast Quarter of the Southwest
Quarter and that part of the Southeast Quarter of the Southwest
Quarter lying east of County Road 4 in Section 31, Township 57
North, Range 7 West.
Sec. 12. [ADDITIONS TO CUYUNA COUNTRY STATE RECREATION
AREA.]
[85.013] [Subd. 5c.] [CUYUNA COUNTRY STATE RECREATION AREA,
CROW WING COUNTY.] The following areas are added to Cuyuna
Country State Recreation Area, Crow Wing County:
The South Half of the Southwest Quarter of the Southwest
Quarter of Section 2 and the North Half of the Northwest Quarter
of the Northwest Quarter of Section 11, all in Township 46
North, Range 29 West, EXCEPT that part of the South Half of the
Southwest Quarter of the Southwest Quarter of Section 2 and that
part of the North Half of the Northwest Quarter of the Northwest
Quarter of Section 11 described as follows: Commencing at the
southwest corner of said Section 2; thence North 88 degrees 57
minutes 16 seconds East, assumed bearing, 30.00 feet along the
south line of said Section 2 to the easterly right-of-way line
of County State-Aid Highway 30, the point of beginning; thence
North 2 degrees 21 minutes 01 second West 123.00 feet along said
easterly right-of-way line; thence North 83 degrees 57 minutes
East 70.27 feet; thence easterly 48.57 feet along a tangential
curve concave to the south having a radius of 270.63 feet and a
central angle of 10 degrees 17 minutes; thence South 85 degrees
46 minutes East 145.77 feet; thence South 76 degrees 24 minutes
East 191.00 feet; thence South 7 degrees 28 minutes 16 seconds
West 385.13 feet; thence North 77 degrees 48 minutes West 43.50
feet; thence North 86 degrees 55 minutes 30 seconds West 360.00
feet to the easterly right-of-way line of County State-Aid
Highway 30; thence North 1 degree 35 minutes 26 seconds East
278.06 feet along said easterly right-of-way line to the point
of beginning; AND ALSO EXCEPT that part of the South Half of the
Southwest Quarter of the Southwest Quarter of Section 2 and that
part of the North Half of the Northwest Quarter of the Northwest
Quarter of Section 11, both in Township 46 North, Range 29 West,
described as follows: Commencing at the southwest corner of
said Section 2; thence North 88 degrees 57 minutes 16 seconds
East, assumed bearing, 30.00 feet along the south line of said
Section 2 to the easterly right-of-way line of County State-Aid
Highway 30; thence North 2 degrees 21 minutes 01 second West
189.14 feet along said easterly right-of-way line to the point
of beginning; thence North 83 degrees 57 minutes East 66.00
feet; thence easterly 60.42 feet along a tangential curve
concave to the south having a radius of 336.63 feet and a
central angle of 10 degrees 17 minutes; thence South 85 degrees
46 minutes East 151.18 feet; thence South 76 degrees 24 minutes
East 363.20 feet; thence easterly 59.36 feet along a tangential
curve concave to the north having a radius of 135.70 feet and a
central angle of 25 degrees 03 minutes 46 seconds; thence South
13 degrees 51 minutes East 328.09 feet not tangent to the last
described curve; thence South 87 degrees 52 minutes 02 seconds
East 159.65 feet; thence North 11 degrees 39 minutes East 297.32
feet; thence North 42 degrees 20 minutes East 156.65 feet;
thence North 22 degrees 30 minutes East 340.27 feet to the east
line of said South Half of the Southwest Quarter of the
Southwest Quarter; thence North 1 degree 42 minutes 42 seconds
West 189.62 feet along the east line of said South Half of the
Southwest Quarter of the Southwest Quarter to the northeast
corner of said South Half of the Southwest Quarter of the
Southwest Quarter; thence South 88 degrees 46 minutes 22 seconds
West 1236.37 feet along the north line of said South Half of the
Southwest Quarter of the Southwest Quarter to the easterly
right-of-way line of said County State-Aid Highway 30; thence
South 2 degrees 21 minutes 01 second East 470.58 feet along said
easterly right-of-way line to the point of beginning; AND ALSO
EXCEPT that part of the South Half of the Southwest Quarter of
the Southwest Quarter of Section 2 and that part of the North
Half of the Northwest Quarter of the Northwest Quarter of
Section 11, both in Township 46, Range 29, Crow Wing County,
Minnesota, described as follows: Commencing at the southwest
corner of said Section 2; thence North 88 degrees 57 minutes 16
seconds East, assumed bearing 30.00 feet along the south line of
said Section 2 to the easterly right-of-way line of County
State-Aid Highway 30; thence North 2 degrees 21 minutes 01
second West 123.00 feet along said easterly right-of-way line;
thence North 83 degrees 57 minutes East 70.27 feet; thence
easterly 48.57 feet along a tangential curve concave to the
south having a radius of 270.63 feet and a central angle of 10
degrees 17 minutes; thence South 85 degrees 46 minutes East
145.77 feet; thence South 76 degrees 24 minutes East 191.00 feet
to the point of beginning; thence continuing South 76 degrees 24
minutes East 166.79 feet; thence easterly 90.97 feet along a
tangential curve concave to the north having a radius of 201.70
feet and a central angle of 25 degrees 50 minutes 33 seconds;
thence South 13 degrees 51 minutes East 262.06 feet not tangent
to the last described curve; thence South 54 degrees 56 minutes
West 221.00 feet; thence North 77 degrees 48 minutes West 188.50
feet; thence North 7 degrees 28 minutes 16 seconds East 385.13
feet to the point of beginning; AND ALSO EXCEPT that part of the
South Half of the Southwest Quarter of the Southwest Quarter of
Section 2 and that part of the North Half of the Northwest
Quarter of the Northwest Quarter of Section 11, both in Township
46, Range 29, Crow Wing County, Minnesota, described as
follows: Commencing at the southwest corner of said Section 2;
thence North 88 degrees 57 minutes 16 seconds East, assumed
bearing 30.00 feet along the south line of said Section 2 to the
easterly right-of-way line of County State-Aid Highway 30;
thence North 2 degrees 21 minutes 01 second West 123.00 feet
along said easterly right-of-way line to the point of beginning;
thence North 83 degrees 57 minutes East 70.27 feet; thence
easterly 48.57 feet along a tangential curve concave to the
south having a radius of 270.63 feet and a central angle of 10
degrees 17 minutes; thence South 85 degrees 46 minutes East
145.77 feet; thence South 76 degrees 24 minutes East 357.79
feet; thence easterly 90.97 feet along a tangential curve
concave to the north having a radius of 201.70 feet and a
central angle of 25 degrees 50 minutes 33 seconds; thence North
13 degrees 51 minutes West 66.03 feet not tangent to the last
described curve; thence westerly 59.36 feet along a
non-tangential curve concave to the north having a radius of
135.70 feet and a central angle of 25 degrees 03 minutes 46
seconds; thence North 76 degrees 24 minutes West 363.20 feet;
thence North 85 degrees 46 minutes West 151.18 feet; thence
westerly 60.42 feet along a tangential curve concave to the
south having a radius of 336.63 feet and a central angle of 10
degrees 17 minutes; thence South 83 degrees 57 minutes West
66.00 feet to the easterly right-of-way line of said County
State-Aid Highway 30; thence South 2 degrees 21 minutes 01
second East 66.14 feet along said easterly right-of-way line to
the point of beginning.
Sec. 13. [AITKIN DRAINAGE AND CONSERVANCY DISTRICT.]
Notwithstanding Laws 1987, chapter 239, sections 137 and
140, the Aitkin Drainage and Conservancy District is
reestablished pursuant to Minnesota Statutes 1986, chapter 111,
for the purpose of maintaining the Mississippi River diversion
channel.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 14. [ADDITIONS TO BELTRAMI ISLAND STATE FOREST.]
[89.021] [Subd. 5.] [BELTRAMI ISLAND STATE FOREST.] The
following areas are added to Beltrami Island State Forest:
(1) the Southwest Quarter of the Southeast Quarter of
Section 29, Township 156 North, Range 37 West, Beltrami County;
and
(2) the North Half of the Northeast Quarter; the Southwest
Quarter of the Northeast Quarter; and the North Half of the
Northwest Quarter, all in Section 17, Township 156 North, Range
37 West, Beltrami County.
Sec. 15. [ADDITIONS TO STATE WILDLIFE MANAGEMENT AREAS.]
Subdivision 1. [97A.133] [Subd. 34.] [LEE WILDLIFE
MANAGEMENT AREA, BELTRAMI COUNTY.] The following area is added
to Lee Wildlife Management Area: the Southwest Quarter of the
Northwest Quarter of Section 35, Township 155 North, Range 38
West, Beltrami County.
Subd. 2. [97A.133] [Subd. 44.] [RED LAKE WILDLIFE
MANAGEMENT AREA, BELTRAMI COUNTY.] The following area is added
to Red Lake Wildlife Management Area: the Northeast Quarter of
Section 28, Township 155 North, Range 32 West, Beltrami County.
Subd. 3. [97A.133] [Subd. 50.] [SAW-WHET WILDLIFE
MANAGEMENT AREA, BELTRAMI COUNTY.] The following area is added
to Saw-Whet Wildlife Management Area: the Southwest Quarter of
the Southwest Quarter; and the Southwest Quarter of the
Southeast Quarter, all in Section 8, Township 155 North, Range
37 West, Beltrami County.
Sec. 16. [EFFECTIVE DATE.]
Sections 1 to 5, 7 to 12, 14, and 15 are effective July 1,
2004.
ARTICLE 3
STATE LAND SALES
Section 1. Laws 1999, chapter 161, section 31, subdivision
3, is amended to read:
Subd. 3. [APPRAISAL.] (a) An appraisal shall be made in
accordance with Minnesota Statutes, section 282.01, subdivision
3, except as modified by this subdivision. Improvements that
are owned by the lessee shall be appraised separately.
(b) An appraiser shall be selected by the county. The
appraiser selected shall meet the minimal appraisal standards
established by the federal Farmers Home Administration or the
federal Veterans Administration, and be licensed under Minnesota
Statutes, section 82B.03, and be approved by the department of
natural resources to appraise the property to be sold.
(c) The costs of appraisal shall be allocated by the county
to the lots offered for sale and the successful purchaser on
each lot shall reimburse the county for the appraisal costs
allocated to the lot purchased. If no one purchases a lot, the
county is responsible for the appraisal cost.
(d) If a leaseholder disagrees with the appraised value of
the land or leasehold improvements, the leaseholder may select
an appraiser that meets the qualifications set forth herein to
reappraise the land and improvements. The leaseholder must give
notice of its intent to object to the appraised value of the
land and buildings within ten days of the date of the mailing or
service of notice under subdivision 2, paragraph (a). The
reappraisal must be delivered by the leaseholder to the county
auditor within 60 days of the date of mailing or service of
notice of appraised value under subdivision 2, paragraph (a), or
the initial appraisal shall be conclusive. The leaseholder is
responsible for the costs of this reappraisal. If the parcel is
reappraised within the time set forth herein and the county and
the leaseholder fail to agree on the value of the land and
improvements within 30 days of the date of delivery of the
reappraisal by a date set by the county, each of the appraisers
shall agree upon the selection of a third appraiser to conduct a
third appraisal that shall be conclusive as to the value of
the land and improvements. The cost of this appraisal shall be
paid equally by the county and the leaseholder.
Sec. 2. Laws 1999, chapter 161, section 31, subdivision 5,
is amended to read:
Subd. 5. [SURVEY.] (a) Itasca county shall cause each lot
to be surveyed according to Minnesota Statutes, chapter 505, and
the Itasca county platting and subdivision ordinance, each lot
prior to offering it for sale by a licensed surveyor.
(b) The costs of survey shall be allocated by the county to
the lots offered for sale and the successful purchaser on each
lot shall reimburse the county for the survey costs allocated to
the lot purchased. If no one purchases the lot, the county is
responsible for the survey costs. All surveying must be
conducted by a licensed surveyor.
Sec. 3. Laws 1999, chapter 161, section 31, subdivision 8,
is amended to read:
Subd. 8. [SUNSET.] This section expires five years after
the day of final enactment on June 1, 2007.
Sec. 4. Laws 2003, First Special Session chapter 13,
section 16, is amended to read:
Sec. 16. [PRIVATE SALE OF CONSOLIDATED CONSERVATION LAND;
BELTRAMI COUNTY.]
(a) Notwithstanding the classification and public sale
provisions of Minnesota Statutes, chapters 84A and 282, the
commissioner of natural resources may sell to Waskish township
the consolidated conservation state's interest in land that is
described in paragraph (c) under the remaining provisions of
Minnesota Statutes, chapters 84A and 282.
(b) The conveyance must be in a form approved by the
attorney general and must provide that the land reverts to the
state if it is not used for public airport purposes. The
conveyance must reserve an easement to ensure public access and
state management access to the public and private lands to the
west and south. The attorney general may make necessary changes
in the legal description to correct errors and ensure accuracy.
The consideration for the conveyance must not be less than the
appraised value of the land and timber and any survey costs.
Proceeds shall be disposed of according to Minnesota Statutes,
chapter 84A. No payments made under State Lease Numbered
144-015-0558 will be refunded, but payments made may be credited
against the payments due.
(c) The land and interests in land that may be conveyed is
located in Beltrami county and is described as: the Southwest
Quarter of the Northeast Quarter; the Northeast Quarter of the
Southwest Quarter; the North 10 acres of the Southeast Quarter
of the Southwest Quarter; and the West 10 acres of the Northwest
Quarter of the Southeast Quarter, all in Section 20, Township
154 North, Range 30 West.
Sec. 5. [DELETION FROM GEORGE WASHINGTON STATE FOREST.]
[89.021] [Subd. 21.] [GEORGE WASHINGTON STATE FOREST.] The
following area is deleted from George Washington State Forest,
Itasca County: that part of the Northeast Quarter of the
Southeast Quarter of Section 1, Township 59 North, Range 25
West, lying northeasterly of County State-Aid Highway 7,
containing 1.20 acres more or less.
Sec. 6. [DELETION FROM FOOT HILLS STATE FOREST.]
[89.021] [Subd. 19.] [FOOT HILLS STATE FOREST.] The
following area is deleted from Foot Hills State Forest, Cass
County: Lot Four (4), Section 8, Township 140 North, Range 31
West, except that part of the E. 300 ft. thereof lying N. of the
centerline of the Hiram Township road known as Mountain Maple
Lane. A more exact legal description will not be known until a
survey is completed to delineate the sale parcel from the water
access site to be retained. The portion of the lot to be sold
at public sale does not contain lakeshore. The lakeshore will
be retained as part of the water access site.
Sec. 7. [DELETION FROM PAUL BUNYAN STATE FOREST.]
[89.021] [Subd. 38.] [PAUL BUNYAN STATE FOREST.] The
following area is deleted from Paul Bunyan State Forest, Hubbard
County: that part of the Southwest Quarter of the Northwest
Quarter (SW1/4-NW1/4), Section 36, Township 142 North, Range 34
West, described as follows: Beginning at the W. quarter corner
of Section 36, Township 142, Range 34, proceed N. on the section
line 824.25 ft., thence S. 89 deg. 56 min. 44 sec. E. 100 ft.,
thence S. parallel to the section line 824.25 ft., thence N. 89
deg. 56 min. 44 sec. W. 100 ft. to the point of beginning,
comprising 1.89 acres.
Sec. 8. [DELETION FROM MISSISSIPPI RECREATIONAL RIVER LAND
USE DISTRICT IN WRIGHT COUNTY.]
The following area is deleted from the Mississippi
Recreational River Land Use District in Wright County: that
part of government lots 1 and 2 of Section 14, Government lot 1
of Section 23, and the southeast quarter of Section 15, Township
121 North, Range 23 West, lying beyond 300 feet of the ordinary
high water level of the Mississippi River.
Sec. 9. [PRIVATE SALE OF TAX-FORFEITED LAND; AITKIN
COUNTY.]
(a) Notwithstanding the public sale provisions of Minnesota
Statutes, chapter 282, or other law to the contrary, Aitkin
County may sell by private sale the tax-forfeited land described
in paragraph (c).
(b) The conveyance must be in a form approved by the
attorney general for no less than the appraised value of the
land.
(c) The land to be sold is located in Aitkin County and is
described as: 208 feet by 208 feet in Government Lot 3, as in
Document #176347, Section 33, Township 45 North, Range 27 West
(PIN 11-0-074000).
(d) The sale corrects an inadvertent trespass and the
county has determined that the county's land management
interests would best be served if the lands were returned to
private ownership.
Sec. 10. [PRIVATE SALE OF CONSOLIDATED CONSERVATION LAND;
AITKIN COUNTY.]
(a) Notwithstanding the classification and public sale
provisions of Minnesota Statutes, chapters 84A and 282, the
commissioner of natural resources may sell to Shamrock Township
the consolidated conservation land described in paragraph (c)
under the remaining provisions of Minnesota Statutes, chapters
84A and 282.
(b) The conveyance must be in a form approved by the
attorney general. The consideration for the conveyance must be
for no less than the appraised value of the land and timber and
any survey costs. Proceeds shall be disposed of according to
Minnesota Statutes, chapter 84A.
(c) The land to be sold is located in Aitkin County and is
described as: that part of the Southeast Quarter of the
Southeast Quarter lying north of the township road in Section 9,
Township 49 North, Range 23 West.
Sec. 11. [PUBLIC SALE OF TAX-FORFEITED LAND BORDERING
PUBLIC WATER; AITKIN COUNTY.]
(a) Notwithstanding Minnesota Statutes, sections 92.45 and
282.018, subdivision 1, Aitkin County may sell the tax-forfeited
land bordering public water that is described in paragraph (c),
under the remaining provisions of Minnesota Statutes, chapter
282.
(b) The conveyance must be in a form approved by the
attorney general.
(c) The land to be sold is located in Aitkin County and is
described as: the East 400 feet of the West 1,150 feet of
Government Lot 7, Section 3, Township 51 North, Range 23 West
(PIN 06-0-005200).
(d) The county has determined that the county's land
management interests would best be served if the lands were
returned to private ownership.
Sec. 12. [PUBLIC SALE OF SURPLUS STATE LAND; BELTRAMI
COUNTY.]
(a) Notwithstanding Minnesota Statutes, section 94.10, the
commissioner of natural resources may sell by public sale, for
less than the appraised value, the surplus land that is
described in paragraph (c).
(b) The conveyance must be in a form approved by the
attorney general. The attorney general may make necessary
changes in the legal description to correct errors and ensure
accuracy.
(c) The land to be sold is located in Beltrami County and
is described as: the Southeast Quarter of the Northeast Quarter
of Section 32 and the Southwest Quarter of the Northwest Quarter
of Section 33, all in Township 147 North, Range 34 West.
(d) The land described in paragraph (c) is a former gravel
pit and the commissioner of natural resources has determined
that the land is no longer necessary for natural resource
purposes. The land has been offered at public auction and
received no bids.
Sec. 13. [PUBLIC SALE OF TAX-FORFEITED LAND BORDERING
PUBLIC WATER; CHISAGO COUNTY.]
(a) Notwithstanding Minnesota Statutes, sections 92.45 and
282.018, subdivision 1, Chisago County may sell the
tax-forfeited land bordering public water that is described in
paragraph (c), under the remaining provisions of Minnesota
Statutes, chapter 282.
(b) The conveyance must be in a form approved by the
attorney general.
(c) The land to be sold is located in Chisago County and is
described as:
(1) an undivided 4/7th interest in and to that part of
Government Lot 3 described as follows: Beginning at the
southwest corner of the recorded plat of Bergquist's Beach;
thence South 64 degrees 16 minutes East, along the southerly
line of Bergquist's Beach, a distance of 216 feet more or less
to the high water line of North Center Lake; thence southerly
along the high water line of the bay to North Center Lake, a
distance of 300 feet more or less, to the point of intersection
with the southerly projection of the westerly line of
Bergquist's Beach; thence North 16 degrees 18 minutes East along
said southerly projection of the westerly line of Bergquist's
Beach a distance of 50 feet more or less to the point of
beginning, Section 21, Township 34, Range 21;
(2) all that part of the Northeast Quarter of the Northwest
Quarter lying south of the centerline of County Ditch No. 5,
Section 9, Township 34, Range 21;
(3) the West Half of the Northeast Quarter of the Southeast
Quarter, Section 32, Township 33, Range 21;
(4) that part of the Northwest Quarter of the Southeast
Quarter described as follows: Beginning at the center of
Section 32; thence South along the north/south quarter line of
Section 32, 446 feet; thence East deflecting 90 degrees to the
left 126.20 feet to the point of beginning on the easterly
right-of-way line of Trunk Highway No. 61; thence continuing
East along the easterly projection of the last described course
469.20 feet to a point 595.40 feet East of the west line of the
Northwest Quarter of the Southeast Quarter; thence North
deflecting 90 degrees to the left 178.20 feet; thence East
deflecting 90 degrees to the right 725 feet more or less to the
east line of the Northwest Quarter of the Southeast Quarter of
Section 32; thence southerly along said east line 1,059.00 feet
more or less to the southeast corner of the Northwest Quarter of
the Southeast Quarter of Section 32; thence westerly along the
south line of the Northwest Quarter of Southeast Quarter of
Section 32, 1,125.00 feet more or less to the easterly
right-of-way line of Trunk Highway No. 61; thence northerly
along said easterly right-of-way line 903.00 feet more or less
to the point of beginning. Except that part beginning at the
center of Section 32; thence South 446 feet; thence East 595.40
feet; thence North 178.20 feet to the point of beginning; thence
continuing East 725 feet; thence South 301 feet; thence West 725
feet; thence North 301 feet to the point of beginning, Section
32, Township 33, Range 21;
(5) that part of the Northeast Quarter of the Northeast
Quarter described as follows: Beginning at the northeast corner
of Section 29; thence West 49 feet; thence South 156 feet;
thence East 49 feet; thence North 156 feet to the point of
beginning; and also beginning 3 rods west of the northeast
corner of the Northeast Quarter of the Northeast Quarter of
Section 29; thence West 140 feet; thence South to the center of
Goose Creek; thence following the center of Goose Creek to a
point directly South of the point of beginning; thence North to
the point of beginning, Section 29, Township 36, Range 21; and
(6) Outlot E of Kates Estates.
(d) The county has determined that the county's land
management interests would best be served if the lands were
returned to private ownership.
Sec. 14. [LAND EXCHANGE; COOK COUNTY.]
(a) Notwithstanding Minnesota Statutes, section 94.344,
subdivision 3, Cook County may, with the approval of the Land
Exchange Board as required under the Minnesota Constitution,
article XI, section 10, and according to the remaining
provisions of Minnesota Statutes, sections 94.342 to 94.348,
determine the value of the land to be exchanged that is
described in paragraph (b) by including the value of the
buildings and improvements located on the land.
(b) The land to be obtained by Cook County from the United
States in the exchange is all in Section 30, Township 66 North,
Range 4 West, described as:
(1) that part of Government Lot 6 described as follows:
Commencing at the point created by the intersection of the
north line of Lot 6 at the west line of the public landing
as the point of beginning; thence South on the west line of
said public landing tract a distance of 100.00 feet
(measured at right angles); thence West parallel to the
north line of Lot 6 for 215.00 feet; thence due North
100.00 feet to the north line of Lot 6; thence East on the
north line of Lot 6 a distance of 225.00 feet, more or
less, to the point of beginning, which is also described as:
Assuming the north boundary of said Government Lot 6 to lie
South 88 degrees 30 minutes 00 seconds East from the iron
pipe which is on the east end of said north boundary, then
North 88 degrees 30 minutes 00 seconds West along said
north boundary a distance of 384.75 feet to the point of
beginning; thence South 16 degrees 30 minutes 00 seconds
West a distance of 103.06 feet; thence North 88 degrees 30
minutes 00 seconds West a distance of 215.00 feet; thence
North 00 degrees 30 minutes 00 seconds East a distance of
100.00 feet to a point which lies on the north boundary;
thence South 88 degrees 30 minutes 00 seconds East along
said north boundary a distance of 239.93 feet back to the
point of beginning; and
(2) that part of Government Lot 7 described as follows:
Assuming the south boundary of Government Lot 7 to lie
South 88 degrees 30 minutes 00 seconds East and from the
iron pipe which is on the east end of said south boundary,
run North 88 degrees 30 minutes 00 seconds West along said
south boundary a distance of 346.53 feet to the point of
beginning; thence continue North 88 degrees 30 minutes 00
seconds West along said south boundary a distance of 388.17
feet; thence North 03 degrees 16 minutes 36 seconds West a
distance of 183.65 feet; thence North 23 degrees 01 minute
18 seconds East a distance of 113.59 feet; thence North 68
degrees 27 minutes 48 seconds East a distance of 225.73
feet; thence North 75 degrees 27 minutes 57 seconds East a
distance of 88.62 feet; thence North 82 degrees 47 minutes
51 seconds East to the shore of Saganaga Lake; thence
southwesterly along the shoreline to a point which lies on
the north boundary of the county public landing; thence
South 38 degrees 19 minutes 12 seconds West along said
northerly boundary of the county public landing a distance
of 90 feet, more of less; thence South 57 degrees 28
minutes 36 seconds West along said northerly boundary of
the county public landing a distance of 169.25 feet; thence
South 47 degrees 38 minutes 48 seconds East along the
southwesterly boundary of the county public landing a
distance of 92.42 feet back to the point of beginning.
(c) Notwithstanding Minnesota Statutes, section 282.018,
subdivision 1, Cook County may sell the land bordering public
water that is described in paragraph (b) under the remaining
provisions of Minnesota Statutes, chapter 282.
Sec. 15. [PUBLIC SALE OF SURPLUS STATE LAND; COOK COUNTY.]
(a) Notwithstanding Minnesota Statutes, sections 92.45,
94.09, and 94.10, the commissioner of natural resources may sell
the surplus land and buildings bordering on public waters that
are described in paragraph (c).
(b) The sale must be in a form approved by the attorney
general for consideration no less than the appraised value of
the land and buildings. The conveyance shall reserve an
easement to the state along the waterfront for angling and
management purposes and an access easement across said lands to
ensure ingress and egress to the public for access to the Flute
Reed River, which is a designated trout stream. The exact
location and legal description of the easements shall be
determined by the commissioner of natural resources.
(c) The land to be sold is located in Cook County and
described as: Part of the Northeast Quarter of the Northwest
Quarter, Section 20, Township 62 North, Range 4 East, beginning
at the quarter post between Sections 17 and 20; thence running
South 16 rods (264 feet); thence West 10 rods (165 feet); thence
North 16 rods (264 feet); thence East 10 rods (165 feet) to the
place of beginning. That portion of the Northeast Quarter of
the Northwest Quarter, Section 20, Township 62 North, Range 4
East, described as follows: Starting from a point on the east
line of said forty-acre tract 264 feet South of the northeast
corner thereof as the point of beginning; thence West 165 feet
along the south line of the tract of land heretofore deeded by
the grantors herein to the town of Hovland, which deed is
recorded in the office of the register of deeds of Cook County,
in Book R of Deeds on page 262 thereof; thence West five feet;
thence South 115 feet more or less to the north bank of Flute
Reed River; thence southeasterly along the north bank of said
river 214 feet more or less to the east line of the above
described forty-acre tract; thence North along said east line
237 feet more or less to the point of beginning.
(d) The parcel described in paragraph (c) is removed from
the Grand Portage State Forest.
(e) The parcel described in paragraph (c) is a former
forestry office site and it has been determined that this site
is no longer needed for natural resources purposes.
Sec. 16. [PUBLIC SALE OF TAX-FORFEITED LAND BORDERING
PUBLIC WATER; CROW WING COUNTY.]
(a) Notwithstanding Minnesota Statutes, sections 92.45 and
282.018, subdivision 1, Crow Wing County may sell the
tax-forfeited land bordering public water that is described in
paragraph (c), under the remaining provisions of Minnesota
Statutes, chapter 282.
(b) The conveyance must be in a form approved by the
attorney general.
(c) The land to be sold is located in Crow Wing County and
is described as: undivided 1/3 interest in the Northwest
Quarter of the Southeast Quarter, Section 8, Township 45 North,
Range 28 West.
(d) The county has determined that the county's land
management interests would best be served if the lands were
returned to private ownership.
Sec. 17. [CONVEYANCE OF TAX-FORFEITED LAND BORDERING ON
PUBLIC WATER OR WETLANDS; HENNEPIN COUNTY.]
(a) Notwithstanding Minnesota Statutes, sections 92.45,
103F.535, and 282.018, subdivision 1, Hennepin County may
subdivide a larger tract of tax-forfeited land bordering Avalon
Channel, Black Lake, Lake Minnetonka, and described as Lot 18,
also Lots 29 to 32 inclusive, Block 24, "Seton," situated in the
city of Mound and may sell the portion of the parcel of
tax-forfeited lands bordering public water or natural wetlands
that is described in paragraph (c) according to this section.
(b) The conveyance must be in a form approved by the
attorney general and must be subject to restrictions imposed by
the commissioner of natural resources, including but not limited
to the requirement that no new structures, other than docks,
shall be allowed on the portion of the parcel Hennepin County
may sell, and further requirement that the balance of the
tax-forfeited parcel not sold shall remain in city park status.
The land described in paragraph (c) must be sold under the
alternate sale provisions in Minnesota Statutes, section 282.01,
subdivision 7a.
(c) The parcel of land that may be sold is described as:
that part of Lot 29, Block 24, "Seton," lying easterly of the
northerly extension of the west line of the East 10 feet of Lot
4, Block 1, Avalon.
(d) The county has determined that the county's land
management interests would best be served if the lands were
returned to private ownership.
[EFFECTIVE DATE.] This section is effective the day
following final enactment and upon delivery by the city of Mound
to the Hennepin County auditor a deed reconveying portions of
tax-forfeited land to the state of Minnesota for that portion
described in paragraph (c) that may be sold by Hennepin County.
Sec. 18. [PRIVATE SALE OF TAX-FORFEITED LAND BORDERING
12.28 PUBLIC WATER; HENNEPIN COUNTY.]
(a) Notwithstanding Minnesota Statutes, sections 92.45 and
282.018, subdivision 1, and the public sale provisions of
Minnesota Statutes, chapter 282, Hennepin County may sell the
tax-forfeited land described in paragraph (c), to the persons
making payment for the land to the city of Independence, without
restrictions or limitations, under the remaining provisions of
Minnesota Statutes, chapter 282.
(b) The conveyance must be in a form approved by the
attorney general for the appraised value of the land.
Notwithstanding Minnesota Statutes, sections 282.08 and 282.09,
the proceeds from the sale authorized under paragraph (a) shall
be apportioned as follows:
(1) 20 percent of the gross proceeds of the sale shall be
retained by Hennepin County for deposit in the county forfeited
tax sale fund; and
(2) 80 percent of the gross proceeds from the sale must be
paid to the commissioner of natural resources. Money received
by the commissioner, under this section, shall be deposited in
the water recreation account in the natural resources fund and
is appropriated to the commissioner for grants to political
subdivisions for public access or other natural resource
improvements to Lake Sarah in Hennepin County.
(c) The land to be sold is located in Hennepin County and
is described as: Lot 17, Block 1, Beamish Shores Second
Addition.
(d) The county has determined that the county's land
management interests would best be served if the lands were
returned to private ownership.
(e) The city of Independence may repay all or a portion of
the prior payment made to the city of Independence for the land.
Sec. 19. [PRIVATE SALE OF TAX-FORFEITED LAND; ITASCA
COUNTY.]
(a) Notwithstanding the public sale provisions of Minnesota
Statutes, chapter 282, or other law to the contrary, Itasca
County may sell by private sale the tax-forfeited land described
in paragraph (c) to an adjoining landowner to resolve an
encroachment.
(b) The conveyance must be in a form approved by the
attorney general for consideration no less than the appraised
value of the land.
(c) The land to be sold is located in Itasca County and is
described as: the North 150 feet of the East 175 feet of
Government Lot 8, Section 21, Township 55 North, Range 26 West.
(d) The county has determined that the county's land
management interests would best be served if the parcel was
returned to private ownership.
Sec. 20. [CONVEYANCE OF TAX-FORFEITED LAND; LAKE COUNTY.]
(a) Notwithstanding any law to the contrary, after approval
by the Lake County Board, the commissioner of revenue shall
convey for no consideration to the city of Beaver Bay the
state's interest in the tax-forfeited land described in
paragraph (c), free and clear of any encumbrances or
restrictions.
(b) The conveyance must be in a form approved by the
attorney general.
(c) The land to be conveyed is located in Lake County and
is described as: The Northeast Quarter of the Northwest Quarter
and the Southeast Quarter of the Northwest Quarter, Section 22,
Township 55 North, Range 8 West.
(d) The conveyance will provide clear title to the city of
Beaver Bay by removing a reversionary interest held by the state
and allow the city to use the land for low-income housing.
Sec. 21. [PRIVATE SALE OF CONSOLIDATED CONSERVATION LAND;
LAKE OF THE WOODS COUNTY.]
(a) Notwithstanding Minnesota Statutes, chapters 84A, 94,
and 282, the commissioner of natural resources may sell by
private sale the surplus land described in paragraph (c)
according to this section.
(b) The sale must be in a form approved by the attorney
general and may be for less than the appraised value. The
attorney general may make necessary changes in the legal
description to correct errors and ensure accuracy. Proceeds
shall be disposed of according to Minnesota Statutes, chapter
84A.
(c) The land to be sold is located in Lake of the Woods
County and described as: 1 acre, more or less, located in the
North Half of the North Half of Northeast Quarter of the
Northwest Quarter, Section 23, Township 160 North, Range 33
West, known as Potamo Cemetery.
(d) The land described in paragraph (c) is a burial ground
and thus not suitable for natural resource purposes.
Sec. 22. [PUBLIC SALE OF TAX-FORFEITED LAND BORDERING
PUBLIC WATER; MAHNOMEN COUNTY.]
(a) Notwithstanding Minnesota Statutes, sections 92.45 and
282.018, subdivision 1, Mahnomen County may sell the
tax-forfeited land bordering public water that is described in
paragraph (c), under the remaining provisions of Minnesota
Statutes, chapter 282.
(b) The conveyance must be in a form approved by the
attorney general for no less than the appraised value of the
land.
(c) The land to be sold is located in Mahnomen County and
is described as: Parcel Number R15.009.0600 in Government Lot
2, Section 9, Township 144 North, Range 41 West.
(d) The county has determined that the county's land
management interests would best be served if the land was
returned to private ownership.
Sec. 23. [PUBLIC SALE OF TRUST FUND LAND BORDERING PUBLIC
WATER; MILLE LACS COUNTY.]
(a) Notwithstanding Minnesota Statutes, section 92.45, the
commissioner of natural resources may sell by public sale the
school trust fund land bordering public water that is described
in paragraph (c), under the remaining provisions in Minnesota
Statutes, chapter 92.
(b) The conveyance shall be in a form approved by the
attorney general for consideration no less than the appraised
value of the land. The attorney general may make necessary
changes to the legal description to correct errors and ensure
accuracy.
(c) The land that may be sold is located in Mille Lacs
County and is described as follows: Lot 2, Section 16, Township
42 North, Range 26 West.
(d) The commissioner of natural resources has determined
that the land is no longer needed for any natural resource
purpose and that the state's land management interests would
best be served if the land was sold.
Sec. 24. [PUBLIC SALE OF SURPLUS STATE LAND BORDERING
PUBLIC WATER; MILLE LACS COUNTY.]
(a) Notwithstanding Minnesota Statutes, section 92.45, the
commissioner of natural resources may sell by public sale the
surplus state land bordering public water that is described in
paragraph (c) under the provisions of Minnesota Statutes,
chapter 94, or Laws 2003, First Special Session chapter 1,
article 1, section 31.
(b) The conveyance must be in a form approved by the
attorney general. The attorney general may make necessary
changes to the legal description to correct errors and ensure
accuracy.
(c) The land that may be sold is located in Mille Lacs
County and is described as: Government Lots 1 and 2 of Section
21, Township 43 North, Range 27 West, except the south 560 feet
of said Government Lot 2 lying between U.S. Highway No. 169 and
Mille Lacs Lake; also except the north 205.97 feet of said
Government Lot 1 lying west of the westerly right-of-way line of
U.S. Highway No. 169; also except that portion taken for trunk
highway purposes in addition to the existing highway, together
with all right of access being the right of ingress to and
egress from all that portion of the above-described property to
Trunk Highway No. 169.
(d) The commissioner has determined that the state's land
management interests would best be served if the land was sold.
Sec. 25. [CONVEYANCE OF SURPLUS STATE LAND; OLMSTED
COUNTY.]
(a) Notwithstanding Minnesota Statutes, sections 94.09 to
94.16, the commissioner of administration shall convey to the
city of Rochester for no consideration the surplus land that is
described in paragraph (c).
(b) The conveyance must be in a form approved by the
attorney general.
(c) The land to be conveyed is located in Olmsted County
and is described as:
All that part of the Southwest Quarter and all that part of
the West Half of the Southeast Quarter, in Section 5,
Township 106 North, Range 13 West, Olmsted County,
Minnesota which lies south of Trunk Highway No. 14; also,
all that part of the Northwest Quarter of the Southeast
Quarter in Section 6, Township 106 North, Range 13 West,
Olmsted County, Minnesota which lies south of Trunk Highway
No. 14; containing in all approximately 175 acres.
(d) The commissioner has determined that the land is no
longer needed for any state purpose and that the state's land
management interests would best be served if the land was
conveyed to and used by the city of Rochester.
Sec. 26. [CONVEYANCE OF SURPLUS STATE LAND; REDWOOD
COUNTY.]
(a) Notwithstanding Minnesota Statutes, sections 16A.695,
16C.23, 94.09 to 94.16, or other law to the contrary, the
commissioner of administration and the Minnesota Historical
Society may convey to the Lower Sioux Indian community in
Redwood County, for no consideration, the surplus land described
in paragraph (d).
(b) For the sole purposes of this act, the Lower Sioux
Indian community is a public agency and there is a state need to
convey the property described in paragraph (d) to be used by the
community for essential governmental purposes, including the
operation of programs for the interpretation of Minnesota
history.
(c) The conveyance must be in a form approved by the
attorney general. The attorney general may make necessary
changes in the legal description of paragraph (d) to correct
errors and ensure accuracy.
(d) The land to be conveyed is located in Redwood County,
consists of approximately 242 acres, and is described as:
(1) land owned by the Minnesota Historical Society:
(i) Government Lots 5 and 6, in Section 5, Township 112
North, Range 34 West;
(ii) the Northwest Quarter of the Northwest Quarter of
Section 8, Township 112 North, Range 34 West; and
(iii) all that part of the East Half of the Northwest
Quarter of Section 8, Township 112 North, Range 34 West, lying
north of Redwood County Highway No. 2; and
(2) land owned by the state of Minnesota:
(i) Government Lots 2 and 3 of Section 8, Township 112
North, Range 34 West, EXCEPTING THEREFROM all that part of
Government Lot 2 of said Section 8 described as follows:
Beginning at a point on the south line of said Government Lot 2
a distance of 350.00 feet easterly of the southwest corner of
said Government Lot 2; thence along the south line of said
Government Lot 2 on an assumed bearing of North 89 degrees 58
minutes East for 422.40 feet; thence North 6 degrees 58 seconds
East for 115.00 feet; thence South 78 degrees 18 minutes 34
seconds West for 451.09 feet to the point of beginning;
(ii) the North 8 acres of the Southeast Quarter of the
Northeast Quarter of Section 8, Township 112 North, Range 34
West;
(iii) the North 6.76 acres of Government Lot 7 in Section
9, Township 112 North, Range 34 West;
(iv) all that part of the Northeast Quarter of the
Northwest Quarter of Section 8, Township 112 North, Range 34
West, lying south of Redwood County Highway No. 2; and
(v) all that part of the Southwest Quarter of the Northeast
Quarter of Section 8, Township 112 North, Range 34 West,
described as follows: Beginning at the northwest corner of the
Southwest Quarter of the Northeast Quarter of said Section 8;
thence along the north line of the Southwest Quarter of the
Northeast Quarter of said Section 8 on an assumed bearing of
North 89 degrees 58 minutes East for 270.90 feet; thence South
10 degrees 40 minutes 37 seconds West for 158.80 feet to the
northerly right-of-way of County Road 2; thence North 62 degrees
18 minutes 09 seconds West along the northerly right-of-way line
of County Road 2 for 272.73 feet to the north quarter line of
said Section 8; thence North 29.13 feet to the point of
beginning.
[EFFECTIVE DATE.] This section is effective only after
approval by resolution of the Redwood County Board of
Commissioners and the Sherman Township Board of Supervisors.
Sec. 27. [PUBLIC SALE OF TAX-FORFEITED LAND BORDERING
PUBLIC WATER; ROCK COUNTY.]
(a) Notwithstanding Minnesota Statutes, sections 92.45 and
282.018, subdivision 1, Rock County may sell the tax-forfeited
land bordering public water that is described in paragraph (c),
under the remaining provisions of Minnesota Statutes, chapter
282.
(b) The conveyance must be in a form approved by the
attorney general. A deed restriction shall be a part of the
sale that prevents any tillage or building construction on the
property, and grazing shall be limited to stocking rates
approved by the USDA Natural Resources Conservation Service.
(c) The land to be sold is located in Rock County and is
described as: the North 580.08 feet of the South 2112.08 feet
of the East 875 feet of the SE 1/4 of Section 26, Township 104
North, Range 44 West.
(d) The county has determined that the county's land
management interests would best be served if the lands were
returned to private ownership.
Sec. 28. [CONVEYANCE OF TAX-FORFEITED LAND BORDERING
PUBLIC WATER; ROSEAU COUNTY.]
(a) Notwithstanding Minnesota Statutes, sections 92.45 and
282.018, subdivision 1, and the public sale provisions of
Minnesota Statutes, chapter 282, Roseau County may convey to a
public entity for no consideration the tax-forfeited land
bordering public water that is described in paragraph (c) or may
sell the land to a public entity for the appraised value.
(b) The conveyance or sale must be in a form approved by
the attorney general. A conveyance for no consideration must
provide that the land reverts to the state if the public entity
stops using the land for a public purpose.
(c) The land to be conveyed is located in Roseau County and
is described as:
(1) Lot 2, Soler Township, Section 2, Township 162 North,
Range 43 West;
(2) Lot 3, Soler Township, Section 2, Township 162 North,
Range 43 West;
(3) Lot 4, Soler Township, Section 2, Township 162 North,
Range 43 West;
(4) the Northeast Quarter of the Southeast Quarter, Section
18, Township 163 North, Range 44 West;
(5) the Northwest Quarter of the Southwest Quarter, Section
27, Township 163 North, Range 44 West;
(6) the Southwest Quarter of the Southwest Quarter, Section
27, Township 163 North, Range 44 West; and
(7) the Northwest Quarter of the Northwest Quarter, Section
34, Township 163 North, Range 44 West.
(d) The county has determined that the county's land
management interests would best be served if the land were
conveyed to a public entity.
Sec. 29. [CONVEYANCE OF TAX-FORFEITED LAND BORDERING
PUBLIC WATER; ROSEAU COUNTY.]
(a) Notwithstanding Minnesota Statutes, sections 92.45 and
282.018, subdivision 1, and the public sale provisions of
Minnesota Statutes, chapter 282, Roseau County may convey to a
public entity for no consideration the tax-forfeited land
bordering public water that is described in paragraph (c), sell
to a public entity for the appraised value, or sell by public
sale under the remaining provisions of Minnesota Statutes,
chapter 282, the lands bordering public waters described in
paragraph (c).
(b) The conveyance or sale must be in a form approved by
the attorney general and reserve an easement for potential trail
purposes and a road easement across the Southeast Quarter of the
Northeast Quarter of Section 18, Township 163, Range 44, to
provide access to state lands and the Roseau River Access.
(c) The land to be conveyed is located in Roseau County and
described as:
(1) the Northeast Quarter of the Northeast Quarter, Section
18, Township 163 North, Range 44 West;
(2) the Southeast Quarter of the Northeast Quarter, Section
18, Township 163 North, Range 44 West;
(3) the Northwest Quarter of the Southeast Quarter, Section
18, Township 163 North, Range 44 West;
(4) the Southwest Quarter of the Southeast Quarter, Section
18, Township 163 North, Range 44 West;
(5) the Southeast Quarter of the Southeast Quarter, Section
18, Township 163 North, Range 44 West; and
(6) the Southwest Quarter of the Northwest Quarter, Section
27, Township 163 North, Range 44 West.
(d) The county has determined that the county's best
interests would be served if the land were conveyed to an
outside interest subject to the trail and road easements.
Sec. 30. [CONVEYANCE OF TAX-FORFEITED LAND BORDERING
PUBLIC WATER; ROSEAU COUNTY.]
(a) Notwithstanding Minnesota Statutes, sections 92.45 and
282.018, subdivision 1, Roseau County may sell the tax-forfeited
land described in paragraph (c), under the remaining provisions
of Minnesota Statutes, chapter 282.
(b) The conveyance must be in a form approved by the
attorney general for no less than the appraised value of the
land.
(c) The land to be sold is located in Roseau County and is
described as: the Northwest Quarter of the Northeast Quarter of
Section 20, Township 163 North, Range 36 West.
(d) The county has determined that the county's land
management interests would best be served if the lands were
returned to private ownership.
Sec. 31. [PUBLIC SALE OF SURPLUS STATE LAND BORDERING
PUBLIC WATER; ST. LOUIS COUNTY.]
(a) Notwithstanding Minnesota Statutes, section 92.45, the
commissioner of natural resources may sell by public sale the
surplus state land bordering public water that is described in
paragraph (c), under the remaining provisions of Minnesota
Statutes, chapter 92.
(b) The conveyance must be in a form approved by the
attorney general. The attorney general may make necessary
changes to the legal description to correct errors and ensure
accuracy.
(c) The land that may be sold is located in St. Louis
County and is described as follows: Outlot A, Lake Leander
Homesite Plat No. 1, Section 16, Township 60 North, Range 19
West.
(d) The conveyance shall reserve an access easement across
the land to ensure access to Lot 11, Block 1 of Lake Leander
Homesite Plat No. 1.
(e) The commissioner has determined that the state's land
management interests would best be served if the land was sold.
Sec. 32. [PUBLIC SALE OF TAX-FORFEITED LAND BORDERING
PUBLIC WATER; ST. LOUIS COUNTY.]
(a) Notwithstanding Minnesota Statutes, sections 92.45 and
282.018, subdivision 1, St. Louis County may sell the
tax-forfeited land bordering public water that is described in
paragraph (c), under the remaining provisions of Minnesota
Statutes, chapter 282.
(b) The conveyance must be in a form approved by the
attorney general. The attorney general may make necessary
changes to the legal descriptions to correct errors and ensure
accuracy.
(c) The land to be sold is located in St. Louis County and
is described as:
(1) NE1/4 of SW1/4, Section 19, T52N, R20W;
(2) NE1/4 of NE1/4 and NW1/4 of NE1/4 ex part wly of
centerline of County Rd #44, Section 22, T56N, R12W;
(3) that part of NE1/4 of SE1/4 lying S of Floodwood River,
Section 19, T52N, R20W;
(4) NW1/4 of SE1/4 ex W1/2 and E165 ft of W1/2 of NW1/4 of
SE1/4, Section 5, T51N, R13W;
(5) NE1/4 of SW1/4 inc E1/2 of NW1/4 of SW1/4, Section 32,
T52N, R14W;
(6) that part of SW1/4 of SE1/4 lying W of county rd ex sly
2 ac, Section 21, T56N, R18W; and
(7) Lot 7 ex part lying S and E of centerline of Co Rd
#609, Section 1, T56N, R16W.
(d) The county has determined that the county's land
management interests would best be served if the lands were
returned to private ownership.
(e) Easements: for the NE1/4 of NE1/4 and NW1/4 of NE1/4
ex part wly of centerline of County Road #44, Section 22, T56N,
R12W and the NW1/4 of SE1/4 ex W1/2 and E165 ft of W1/2 of NW1/4
of the SE1/4 of Section 5, T51N, R13W, the county shall grant an
easement to the state to the bed of the designated trout stream
or tributary and a strip of land no wider than will be enclosed
between the top edge of the streambank and a line parallel
thereto and 66 feet distance therefrom on either side of the
stream as it crosses St. Louis County tax-forfeited land for the
purpose of fish stocking and the development of fish habitat in
the described area, including tree planting, fencing, erosion
control, installation of instream structures, posting of signs
and other improvements as deemed necessary, and angling by the
public in the described area; and, For the NE1/4 of SW1/4,
Section 19, T52N, R20W and that part of NE1/4 of SE1/4 lying S
of Floodwood River, Section 19, T52N, R20W, the county shall
grant to the state an easement to the bed of the stream and a
strip of land no wider than will be enclosed between the top
edge of the streambank and a line parallel thereto and 50 feet
distance therefrom on either side of the Floodwood River as it
crosses the St. Louis County tax-forfeited land for the purpose
of fish stocking and the development of fish habitat in the
described area, including tree planting, fencing, erosion
control, installation of instream structures, posting of signs
and other improvements as deemed necessary, and angling by the
public in the described area; and, For the NE1/4 of SW1/4 inc
E1/2 of NW1/4 of SW1/4, Section 32, T52N, R14W, the county shall
grant to the state an easement to the bed of the stream and a
strip of land no wider than will be enclosed between the top
edge of the streambank and a line parallel thereto and 50 feet
distance therefrom on either side of the inlet stream to Fish
Lake Reservoir as it crosses the St. Louis County tax-forfeited
land for the purpose of fish stocking and the development of
fish habitat in the described area, including tree planting,
fencing, erosion control, installation of instream structures,
posting of signs and other improvements as deemed necessary, and
angling by the public in the described area; and for Lot 7 ex
part lying S and E of centerline of Co Rd #609, Section 1, T56N,
R16W, the county shall grant to the state an easement of 66 feet
from the ordinary high water mark of Mud Hen Lake for the
purpose of providing protection of riparian vegetation, angler
access for fishing, and Department of Natural Resources access
for habitat improvement.
Sec. 33. [PRIVATE SALE OF TAX-FORFEITED LAND; ST. LOUIS
COUNTY.]
(a) Notwithstanding the public sale provisions of Minnesota
Statutes, chapter 282, or other law to the contrary, St. Louis
County may sell by private sale the tax-forfeited land described
in paragraph (c).
(b) The conveyance must be in a form approved by the
attorney general. The attorney general may make necessary
changes to the legal descriptions to correct errors and ensure
accuracy.
(c) The land to be sold is located in St. Louis County and
is described as:
(1) part of SE1/4 of SE1/4 lying within 33 ft on each side
of a line comm at E1/4 cor of sec; thence wly on E-W1/4 line
with an assumed azimuth of 269 degrees 06 minutes 51 seconds
384.05 ft; thence at an azimuth of 204 degrees 41 minutes 21
seconds 1179.68 ft; thence at an azimuth of 205 degrees 41
minutes 50 seconds 288 ft to N line of forty and the point of
beg; thence continue on previous azimuth 660 ft to W line of
forty, Section 11, T51N, R15W;
(2) NW1/4 of NE1/4 ex part lying E of a line 33 ft ely of a
line beg on N line at an azimuth of 269 degrees 6 minutes 49
seconds 361.54 ft from NE cor; thence at an azimuth of 205
degrees 41 minutes 0 seconds 1217.71 ft; thence at an azimuth of
128 degrees 43 minutes 18 seconds 362 ft to S line and ex part
lying W of a line which is 33 ft W of above described line,
Section 14, T51N, R15W; and
(3) that part of NE1/4 of SE1/4 lying within 33 ft ely and
33 ft wly of following desc line comm at E quarter cor of Sect
11; thence wly on E-W quarter line which has an assumed azimuth
(0 degrees N) of 269 degrees 6 minutes 51 seconds for 384.05 ft
to pt of beg of desc line; thence at an azimuth of 204 degrees
41 minutes 21 seconds for 1179.68 ft; thence at an azimuth of
205 degrees 41 minutes 50 seconds for 288 ft to S line of forty,
Section 11, T51N, R15W. The county may sell the undivided 17/32
interest in the Northeast Quarter of the Southeast Quarter and
the Northwest Quarter of the Southeast Quarter, Section 34,
Township 59 North, Range 18 West, by private sale
notwithstanding Minnesota Statutes, section 282.01, subdivision
8, and the public sale provisions of Minnesota Statutes, chapter
282, under the remaining provisions of Minnesota Statutes,
chapter 282, subject to the approval of the commissioner.
(d) The county has determined that the county's land
management interests would best be served if the lands were
returned to private ownership.
Sec. 34. [PRIVATE SALE OF TAX-FORFEITED LAND; ST. LOUIS
COUNTY.]
(a) Notwithstanding the public sale provisions of Minnesota
Statutes, chapter 282, or other law to the contrary, St. Louis
County may sell by private sale the tax-forfeited land described
in paragraph (c).
(b) The conveyance must be in a form approved by the
attorney general. The attorney general may make necessary
changes to the legal descriptions to correct errors and ensure
accuracy. For the undivided 17/32 interest in the Northeast
Quarter of the Southeast Quarter and the Northwest Quarter of
the Southeast Quarter, all in Section 34, Township 59 North,
Range 18 West, the conveyance must provide that the land is
subject to the terms and conditions of State Taconite Iron Ore
Mining Lease Numbered T-5036. The commissioner of natural
resources may approve sale upon a determination that the
taconite resource has been removed from the land to be sold.
(c) The land to be sold is located in St. Louis County and
is described as:
(1) NW1/4 of SE1/4, Section 34, T59N, R18W (17/32 undivided
interest);
(2) NE1/4 of SE1/4, Section 34, T59N, R18W;
(3) NE1/4 of SW1/4, Section 34, T59N, R18W; and
(4) SE1/4 of NW1/4, Section 34, T59N, R18W.
(d) The county has determined that the county's land
management interests would best be served if the lands were
returned to private ownership for stockpiling use.
Sec. 35. [PRIVATE SALE OF TAX-FORFEITED LAND; ST. LOUIS
COUNTY.]
(a) Notwithstanding the public sale provisions of Minnesota
Statutes, chapter 282, or other law to the contrary, St. Louis
County may sell by private sale the tax-forfeited land described
in paragraph (c).
(b) The conveyance must be in a form approved by the
attorney general. The attorney general may make necessary
changes to the legal descriptions to correct errors and ensure
accuracy.
(c) The land to be sold is located in St. Louis County and
is described as:
(1) the easterly 240.00 feet of the southerly 380.00 feet
of the Northwest Quarter of the Northeast Quarter of Section 4,
Township 62 North, Range 13 West, St. Louis County, Minnesota.
This parcel contains 2.08 acres more or less; and
(2) the westerly 360.00 feet of the southerly 380.00 feet
of the Northeast Quarter of the Northeast Quarter of Section 4,
Township 62 North, Range 13 West, St. Louis County, Minnesota.
This parcel contains 3.14 acres more or less.
(d) The county has determined that the county's land
management interests would best be served if the lands were
returned to private ownership.
Sec. 36. [PRIVATE SALE OF TAX-FORFEITED LAND; ST. LOUIS
COUNTY.]
(a) Notwithstanding the public sale provisions of Minnesota
Statutes, chapter 282, or other law to the contrary, St. Louis
County may sell by private sale the tax-forfeited land described
in paragraph (c).
(b) The conveyance must be in a form approved by the
attorney general for a consideration of taxes due on the
property and any penalties, interest, and costs.
(c) The land to be sold is located in St. Louis County and
is described as:
NW 1/4 of NW 1/4 ex 14.98 ac at NW corner and ex 4.66 ac at
SW corner, Section 13, Township 61, Range 21, Town of Morcom,
460-10-2050.
(d) The county has determined that the county's land
management interests would best be served if the lands were
returned to private ownership.
Sec. 37. [LCMR APPROPRIATION EXTENSION.]
The availability of the appropriation for the following
project is extended to June 30, 2006: Laws 2001, First Special
Session chapter 2, section 14, subdivision 5, paragraph (b),
local grants initiative program, outdoor recreation grant for
the Lake Links Trail.
Sec. 38. [EFFECTIVE DATE.]
This article is effective the day following final enactment.
Presented to the governor May 18, 2004
Signed by the governor May 29, 2004, 4:40 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes