Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 2005, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 161-H.F.No. 814
An act relating to natural resources; state lands;
modifying requirements for designation of scientific
and natural areas; authorizing the private sale of
certain surplus state lands; authorizing the public
and private sale of certain tax-forfeited lands
bordering public waters; providing for an easement on
state land bordering a public water; authorizing
conveyance of an easement; amending Minnesota Statutes
2004, sections 84.033, by adding a subdivision;
97A.093; Laws 2003, First Special Session chapter 13,
section 25; repealing Minnesota Statutes 2004, section
84.033, subdivision 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 2004, section 84.033, is
amended by adding a subdivision to read:
Subd. 3. [COUNTY APPROVAL.] The commissioner must follow
the procedures under section 97A.145, subdivision 2, when
acquiring land for designation as a scientific and natural area
under this section.
Sec. 2. Minnesota Statutes 2004, section 97A.093, is
amended to read:
97A.093 [HUNTING, TRAPPING, AND FISHING IN SCIENTIFIC AND
NATURAL AREAS.]
Except as otherwise provided by law, scientific and natural
areas are closed to hunting, trapping, and fishing unless:
(1) for scientific and natural areas designated before May
15, 1992, the designating document allows hunting, trapping, or
fishing; or
(2) for other scientific and natural areas, the
commissioner allows hunting, trapping, or fishing in accordance
with the procedure in section 86A.05, subdivision 5, paragraph
(d).
Sec. 3. Laws 2003, First Special Session chapter 13,
section 25, is amended to read:
Sec. 25. [PRIVATE SALE OF SURPLUS LAND BORDERING PUBLIC
WATERS; SCOTT COUNTY.]
(a) Notwithstanding Minnesota Statutes, sections 92.45;
94.09; 94.10; 97A.135, subdivision 2a; and 103F.535, the
commissioner of natural resources shall sell by private sale the
surplus land bordering public waters that is described in
paragraph (e).
(b) The conveyance shall be in a form approved by the
attorney general for consideration of no less than the appraised
value of the land.
(c) The deed must contain a restrictive covenant that
prohibits altering, disturbing vegetation in, draining, filling,
or placing any material or structure of any kind on or in the
existing wetland area located on the land; prohibits any
increase in run-off rate or volume from the land or future
buildings into said wetland; and prohibits diverting or
appropriating water from said wetland. This restriction applies
only to the public waters wetland on the land identified on the
public waters inventory map as 70-148W. Other wetlands on the
land are subject to Minnesota Statutes, sections 103G.221 to
103G.2372.
(d) The consideration received for the conveyance shall be
deposited in the state treasury and credited to the wildlife
acquisition account in the game and fish fund. The money is
appropriated to the commissioner of natural resources for
wildlife land acquisition purposes.
(e) The land that may be sold is in the Prior Lake wildlife
management area in Scott county and is described as:
The East 1200 feet of the South 800 feet of the Southwest
Quarter of the Southeast Quarter of Section 22, Township
115 North, Range 22 West. Including the abandoned
right-of-way of the Chicago, Milwaukee, St. Paul and
Pacific Railroad Company (formerly the Hastings and Dakota
Railway Company). Containing 22 acres, more or less.
(f) This land no longer fits into the state wildlife
management area system because of hunting limitations, its small
size, and future development planned for the area. Proceeds
from the sale will be used to purchase lands more suitable for
wildlife management and public use.
Sec. 4. [PRIVATE SALE OF CONSOLIDATED CONSERVATION LAND;
AITKIN COUNTY.]
(a) Notwithstanding the classification and public sale
provisions of Minnesota Statutes, chapters 84A and 282, or other
law to the contrary, the commissioner of natural resources may
sell the consolidated conservation land described in paragraph
(c) to Aitkin County 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 in Aitkin County and is
described as: the North 400 feet of the West 800 feet of the
Northwest Quarter of the Northeast Quarter, Section 22, Township
51, Range 26.
Sec. 5. [PRIVATE SALE OF TAX-FORFEITED LAND; BELTRAMI
COUNTY.]
(a) Notwithstanding the public sale provisions of Minnesota
Statutes, chapter 282, or other law to the contrary, Beltrami
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 description to correct errors and ensure
accuracy.
(c) The land to be sold is located in Beltrami County,
contains 4.87 acres more or less, and is described as: a parcel
of land located north of the north right-of-way line of U.S.
Highway 71 in the extreme northwestern corner of the Northwest
Quarter of the Northeast Quarter, Section 32, Township 148
North, Range 32 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. 6. [CONVEYANCE OF TAX-FORFEITED LAND BORDERING ON
PUBLIC WATER OR INCLUDING WETLANDS; HENNEPIN COUNTY.]
Subdivision 1. [SALE REQUIREMENTS.] (a) Notwithstanding
Minnesota Statutes, sections 92.45, 103F.535, and 282.018,
subdivision 1, Hennepin County may sell or convey for public use
without monetary consideration to the city of Brooklyn Park, a
governmental subdivision, for an authorized public use for Storm
Water Retention Area, the parcel of tax-forfeited land bordering
public water or natural wetlands containing in excess of 150
feet of frontage on Shingle Creek, that is described in
subdivision 2, under the remaining provisions of Minnesota
Statutes, chapter 282.
(b) Any such conveyance shall be subject to restrictions
imposed by the commissioner of the Department of Natural
Resources and subject to the clause for reversion to the state
for failure to use, or abandonment of use for which the
tax-forfeited lands were acquired in Minnesota Statutes, section
282.01.
(c) The conveyance must be in a form approved by the
attorney general.
Subd. 2. [LEGAL DESCRIPTION.] (a) The parcel of land that
may be conveyed is described as: Unplatted, Section 30,
Township 119, Range 21, the East 187.1 feet of the West 1,182.6
feet of the South 597 feet of the Southwest 1/4 of the Northeast
1/4. Also that part of the Southwest 1/4 of the Northeast 1/4
lying East of the West 1,182.6 feet thereof and lying
southwesterly of Registered Land Survey No. 304.
(b) The land described must be sold under the sale
provisions in Minnesota Statutes, section 282.01.
(c) Hennepin County has determined that the county's land
management interests would best be served if the lands were
returned to private ownership or conveyed to a governmental
subdivision for an authorized public use.
Sec. 7. [CONVEYANCE OF TAX-FORFEITED LAND BORDERING ON
PUBLIC WATER OR INCLUDING WETLANDS; HENNEPIN COUNTY.]
Subdivision 1. [SALE REQUIREMENTS.] (a) Notwithstanding
Minnesota Statutes, sections 92.45, 103F.535, and 282.018,
subdivision 1, Hennepin County may sell or convey for public use
without monetary consideration to the city of Minnetrista, a
governmental subdivision, for an authorized public use for
Preservation of Wetlands and Wildlife, the parcel of
tax-forfeited land bordering public water or natural wetlands
containing in excess of 150 feet of frontage on Painter Creek
and Jennings Bay on Lake Minnetonka, that is described in
subdivision 2, under the remaining provisions of Minnesota
Statutes, chapter 282.
(b) Any such conveyance shall be subject to restrictions
imposed by the commissioner of the Department of Natural
Resources and subject to the clause for reversion to the state
for failure to use, or abandonment of use for which the
tax-forfeited lands were acquired as provided in Minnesota
Statutes, section 282.01.
(c) The conveyance must be in a form approved by the
attorney general.
Subd. 2. [LEGAL DESCRIPTION.] (a) The parcel of land that
may be conveyed is described as: Outlot 2, Sun Valley.
(b) The land described must be sold under the sale
provisions in Minnesota Statutes, section 282.01.
(c) Hennepin County has determined that the county's land
management interests would best be served if the lands were
returned to private ownership or conveyed to a governmental
subdivision for an authorized public use.
Sec. 8. [CONVEYANCE OF TAX-FORFEITED LAND BORDERING ON
PUBLIC WATER OR INCLUDING WETLANDS; HENNEPIN COUNTY.]
Subdivision 1. [SALE REQUIREMENTS.] (a) Notwithstanding
Minnesota Statutes, sections 92.45, 103F.535, and 282.018,
subdivision 1, Hennepin County may sell or convey to the city of
Eden Prairie, a governmental subdivision, for an authorized
public use for wetland purposes, the parcel of tax-forfeited
land bordering public water or natural wetlands containing in
excess of 150 feet of frontage on Lake Idlewild (27-74P), that
is described in subdivision 2, under the remaining provisions of
Minnesota Statutes, chapter 282.
(b) Any such conveyance shall be subject to restrictions
imposed by the commissioner of the Department of Natural
Resources and subject to the clause for reversion to the state
for failure to use, or abandonment of use for which the
tax-forfeited lands were acquired as provided in Minnesota
Statutes, section 282.01.
(c) The conveyance must be in a form approved by the
attorney general.
Subd. 2. [LEGAL DESCRIPTION.] (a) The parcel of land that
may be conveyed is described as Lot 21 except parts platted as
Registered Land Survey No. 895 and Idlewood Lake Addition and
Anderson Idlewild Addition and Anderson's Idleview, Auditor's
Subdivision No. 335, Hennepin County, Minnesota.
(b) The land described must be sold under the sale
provisions in Minnesota Statutes, section 282.01.
(c) Hennepin County has determined that the county's land
management interests would best be served if the lands were
returned to private ownership or conveyed to a governmental
subdivision for an authorized public use.
Sec. 9. [CONVEYANCE OF TAX-FORFEITED LAND BORDERING ON
PUBLIC WATER OR INCLUDING WETLANDS; HENNEPIN COUNTY.]
Subdivision 1. [SALE REQUIREMENTS.] (a) Notwithstanding
Minnesota Statutes, sections 92.45, 103F.535, and 282.018,
subdivision 1, Hennepin County may sell or convey to the city of
Eden Prairie, a governmental subdivision, for an authorized
public use of wetland purposes, the parcel of tax-forfeited land
bordering public water or natural wetlands containing in excess
of 150 feet of frontage on Lake Idlewild (27-74P) or the
majority of the parcel under water, that is described in
subdivision 2, under the remaining provisions of Minnesota
Statutes, chapter 282.
(b) Any such conveyance shall be subject to restrictions
imposed by the commissioner of the Department of Natural
Resources and subject to the clause for reversion to the state
for failure to use, or abandonment of use for which the
tax-forfeited lands were acquired as provided in Minnesota
Statutes, section 282.01.
(c) The conveyance must be in a form approved by the
attorney general.
Subd. 2. [LEGAL DESCRIPTION.] (a) The parcel of land that
may be conveyed is described as Outlot A, Anderson Idlewild
Addition.
(b) The land described must be sold under the sale
provisions in Minnesota Statutes, section 282.01.
(c) Hennepin County has determined that the county's land
management interests would best be served if the lands were
returned to private ownership or conveyed to a governmental
subdivision for an authorized public use.
Sec. 10. [PRIVATE SALE OF SURPLUS STATE LAND; HUBBARD
COUNTY.]
(a) Notwithstanding Minnesota Statutes, sections 94.09 and
94.10, the commissioner of natural resources may sell by private
sale the surplus state 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 to the legal description to correct errors and ensure
accuracy.
(c) The land that may be sold is located in Hubbard County
and is described as follows:
That part of the Northwest Quarter of the Northwest Quarter
of Section 22, Township 142 North, Range 33 West, Hubbard
County, Minnesota, described as follows:
Beginning at the northeast corner of said Northwest Quarter
of the Northwest Quarter, being a 3/4 inch rebar with
plastic cap stamped "MN DNR LS 17005" (DNR Monument);
thence on a bearing based on the Hubbard County Coordinate
System of 1983 of North 88 degrees 51 minutes 21 seconds
West, along the north line of said Northwest Quarter of the
Northwest Quarter 253.67 feet to a DNR Monument; thence
South 04 degrees 03 minutes 57 seconds East 132.71 feet to
a DNR Monument; thence South 79 degrees 15 minutes 13
seconds East 248.33 feet to the east line of said Northwest
Quarter of the Northwest Quarter and a DNR Monument; thence
North 00 degrees 05 minutes 06 seconds East along the east
line of said Northwest Quarter of the Northwest Quarter
173.61 feet to the point of beginning, containing 0.87
acres.
(d) The sale would resolve a long-standing unintentional
trespass.
Sec. 11. [COUNTY ENVIRONMENTAL TRUST FUND; ITASCA COUNTY.]
(a) Notwithstanding Laws 1998, chapter 389, article 16,
section 31, subdivision 4, as amended, Itasca County may spend
money in the Itasca County environmental trust fund to acquire
the land described in paragraph (b) for public access purposes.
(b) The land to be acquired by Itasca County is described
as:
(1) parcel number 91-017-1105; and
(2) parcel number 91-017-1102.
Sec. 12. [PRIVATE SALE OF TAX-FORFEITED LAND BORDERING
PUBLIC WATER; ITASCA COUNTY.]
(a) Notwithstanding Minnesota Statutes, sections 92.45 and
282.018, subdivision 1, and the public sale requirements of
Minnesota Statutes, chapter 282, Itasca County may sell by
private sale the tax-forfeited land bordering public water that
is described in paragraph (c), under Minnesota Statutes, section
282.01, subdivision 7.
(b) The conveyance must be in a form approved by the
attorney general for the appraised value of the land and include
conditions that the existing structures must be removed within
one year of the sale and a conservation easement be retained on
the parcel.
(c) The land to be sold is located in Itasca County and is
described as: Government Lot 9, Section 19, Township 60 North,
Range 26 West.
(d) The county has determined that the county's land
management interests would be best served if the lands were
returned to private ownership.
Sec. 13. [PUBLIC SALE OF TAX-FORFEITED LAND BORDERING
PUBLIC WATER; ITASCA COUNTY.]
(a) Notwithstanding Minnesota Statutes, sections 92.45 and
282.018, subdivision 1, Itasca County may sell the tax-forfeited
land described in paragraph (c) by public sale, 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.
(c) The land to be sold is located in Itasca County and is
described as:
(1) that part lying west of Highway 65 of the Northwest
Quarter of the Northeast Quarter, Section 13, Township 53 North,
Range 23 West;
(2) the undivided 1/24th interest in the Northeast Quarter
of the Southwest Quarter, Section 13, Township 56 North, Range
25 West;
(3) the undivided 1/24th interest in the Northwest Quarter
of the Northwest Quarter, Section 13, Township 56 North, Range
25 West; and
(4) the West 200 feet of the East Half of Government Lot 4,
Section 23, Township 58 North, Range 24 West.
(d) The county has determined that the county's land
management interests would be best served if the lands were
returned to private ownership.
Sec. 14. [PRIVATE SALE OF SURPLUS STATE LAND BORDERING
PUBLIC WATER; LAKE COUNTY.]
(a) Notwithstanding Minnesota Statutes, sections 92.45,
94.09, and 94.10, the commissioner of natural resources may sell
by private sale the surplus state land bordering public water
that is described in paragraph (c).
(b) The conveyance must be in a form approved by the
attorney general. The conveyance shall reserve a conservation
easement to ensure protection of the fish and wildlife shoreline
habitat. 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 Lake County and
is described as follows: an undivided 1/16th interest in
Government Lot 7, Section 31, Township 63 North, Range 11 West.
(d) The sale would allow the combination of the 1/16
interest with the remaining 15/16 interest.
Sec. 15. [PRIVATE SALE OF TAX-FORFEITED LAND; LAKE
COUNTY.]
(a) Notwithstanding the public sale provisions of Minnesota
Statutes, chapter 282, or other law to the contrary, Lake County
may sell by private sale the tax-forfeited land described in
paragraph (c), under the remaining provisions of chapter 282.
(b) The conveyance must be in a form approved by the
attorney general and provide that the conveyance is for no
consideration. The attorney general may make necessary changes
to the legal description to correct errors and ensure accuracy.
(c) The land to be sold is located in Lake County and is
described as follows: The Northwest Quarter of the Northwest
Quarter of Section 20, Township 57 North, Range 7 West, Lake
County, Minnesota, containing 40 acres more or less.
(d) The county has determined that the county's land
management interests would be best served if the lands were sold
to the current occupant.
Sec. 16. [PRIVATE SALE OF TAX-FORFEITED LAND BORDERING
PUBLIC WATERS; RICE COUNTY.]
(a) Notwithstanding Minnesota Statutes, sections 92.45 and
282.018, subdivision 1, and the public sale provisions of
Minnesota Statutes, chapter 282, Rice County may sell by private
sale the tax-forfeited land bordering public waters described in
paragraph (c), under the remaining provisions of Minnesota
Statutes, chapter 282.
(b) The sale must be in a form approved by the attorney
general. The conveyance shall be subject to the city of
Morristown Ordinance No. 170 adopted May 6, 2002, including, but
not limited to, section 19 of Ordinance No. 170 addressing
shoreland setback distances at a minimum distance of 50 feet and
limitations on vegetation removal. The conveyance shall also
reserve to the city an additional 12 feet running parallel to
the 50-foot setback zone for public trail purposes.
(c) The land to be sold is located in Rice County and is
described as: Lots 3, 4, and 5, Block 2, original plat of
Morristown (parcel #20.0331.000).
(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
PUBLIC WATER; RICE COUNTY.]
(a) Notwithstanding Minnesota Statutes, sections 92.45 and
282.018, subdivision 1, Rice County may convey for no
consideration to the city of Dundas the tax-forfeited land
bordering public water that is described in paragraph (c).
(b) The conveyance must be in a form approved by the
attorney general and provide that the land revert to the state
if the land is not used for a public purpose as provided in
Minnesota Statutes, section 282.01.
(c) The land to be conveyed is located in Rice County and
is described as: All that part of Block Twenty-Two (22), in the
original town, now the city of Dundas, Rice County, Minnesota,
described as follows: Beginning at a point on the Southerly
line of Hester Street, so-called, on the Easterly line of the
right-of-way of the Chicago, Great Western Railway Company;
thence running in a Southerly direction parallel with said right-
of-way, a distance of Two Hundred Twenty-Five (225) Feet; thence
Easterly parallel with Hester Street, so-called, to the banks of
the Cannon River; thence Northerly along the said river bank to
a point where it intersects with the Southerly line of Hester
Street; thence in a Westerly direction along the South line of
Hester Street, to the point of the beginning (parcel
#17.0277.000).
(d) The county has determined that the county's land
management interests would best be served if the land was
conveyed to the city of Dundas.
Sec. 18. [PRIVATE SALE OF SURPLUS STATE LAND BORDERING
PUBLIC WATER; ROSEAU COUNTY.]
(a) Notwithstanding Minnesota Statutes, sections 92.45,
94.09, 94.10, and 97A.135, subdivision 2a, the commissioner of
natural resources may sell by private sale the surplus state
land bordering public waters 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 to the legal description to correct errors and ensure
accuracy.
(c) The land that may be sold is located in Roseau County
and is described as: The southerly 396 feet, south of the south
bank of the Roseau River, of the Southwest Quarter of the
Northeast Quarter of Section 32, in Township 163 North, Range 40
West of the Fifth Principal Meridian in Roseau County,
Minnesota. Said tract of land contains 9.29 acres, more or less.
(d) The department has determined that the public interest
is best served if the property were to be conveyed to the Roseau
River Watershed District to allow for completion of the
district's flood control management plan.
Sec. 19. [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 lands bordering public water that are described in
paragraphs (c) to (g), under the remaining provisions of
Minnesota Statutes, chapter 282.
(b) The conveyances must be in a form approved by the
attorney general. The attorney general may make necessary
changes to 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 westerly 400 feet of the easterly 800 feet of Lot
4, Section 13, Township 54 North, Range 17 West; and
(2) the West Half of the Northwest Quarter of the Southwest
Quarter, Section 33, Township 51 North, Range 16 West.
(d) The conveyances of land under this paragraph must
retain for the state a 150-foot trout stream easement lying 75
feet on each side of the centerline of the stream. The land to
be sold is located in St. Louis County and is described as:
(1) the Northeast Quarter of the Northeast Quarter, Section
7, Township 50 North, Range 18 West;
(2) the North Half of the Northeast Quarter and the North
Half of the Northwest Quarter, Section 8, Township 50 North,
Range 18 West;
(3) the Northwest Quarter of the Northeast Quarter, except
the North Half, and that part of the West 10 acres of the
Northeast Quarter of the Northeast Quarter lying south of Lester
River and the West 10 acres of the Northeast Quarter of the
Northeast Quarter lying north of Lester River, except the North
5 acres, Section 17, Township 51 North, Range 13 West;
(4) the Northwest Quarter of the Southeast Quarter, except
the West Half, and the East 165 feet of the West Half of the
Northwest Quarter of the Southeast Quarter, Section 5, Township
51 North, Range 13 West;
(5) the East Half of the Southeast Quarter of the Southeast
Quarter, Section 34, Township 58 North, Range 20 West; and
(6) Government Lot 2, Section 17, Township 51 North, Range
12 West, Wonderland 1st Addition to the town of Duluth, Lot 22,
Block 1.
(e) The conveyance of land under this paragraph must
contain a deed restriction that is 75 feet in width along the
shoreline, excluding a 15-foot access strip. The land to be
sold is located in St. Louis County and is described as: Lot 6,
Lot 7, and Lot 8, except the easterly 50 feet, Erickson's Beach,
town of Fayal, Section 27, Township 57 North, Range 17 West.
(f) The conveyance of land under this paragraph must
contain a deed restriction that is 75 feet in width along the
shoreline. The land to be sold is located in St. Louis County
and is described as: Lots 64 and 65, Vermilion Dells, 1st
Addition Greenwood, Section 2, Township 62 North, Range 16 West.
(g) The conveyances of land under this paragraph must
retain for the state a 150-foot conservation easement lying 75
feet on each side of the centerline of the stream. The land to
be sold is located in St. Louis County and is described as:
(1) the Northeast Quarter of the Southeast Quarter, Section
31, Township 52 North, Range 14 West;
(2) the Northeast Quarter of the Southwest Quarter, Section
31, Township 52 North, Range 14 West; and
(3) the South Half of the Southwest Quarter of the
Southwest Quarter, except the westerly 15 acres, Section 31,
Township 52 North, Range 14 West.
(h) The county has determined that the county's land
management interests would best be served if the lands were
returned to private ownership.
Sec. 20. [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 conveyances must be in a form approved by the
attorney general and, except for the parcel under paragraph (c),
clause (4), require the buyers to pay an administration fee to
cover expenses incurred by the county. The attorney general may
make necessary changes to 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 West 335 feet of the South 130 feet of the
Northwest Quarter of the Northeast Quarter, Section 12, Township
63 North, Range 12 West. This parcel contains 1.0 acres more or
less;
(2) the westerly 165.00 feet of the southerly 80.00 feet of
the easterly 490.00 feet of the Southeast Quarter of the
Southeast Quarter, Section 14, Township 51 North, Range 14
West. This parcel contains 0.3 acres;
(3) Lot 17, Block 5, Lyman Park Division of Duluth;
(4) the West 220 feet of the Southwest Quarter of the
Northeast Quarter, Section 11, Township 54 North, Range 15 West;
(5) the West 115 feet of the Southeast Quarter of the
Northeast Quarter of Section 32, Township 63 North, Range 12
West, lying north of the centerline of State Trunk Highway 169
and subject to highway right-of-way easement. This parcel
contains 1.2 acres more or less; and
(6) the West 115 feet of the Southeast Quarter of the
Northeast Quarter of Section 32, Township 63 North, Range 12
West, lying south of the centerline of State Trunk Highway 169
and subject to highway right-of-way easement. This parcel
contains 2.5 acres more or less.
(d) The sales under this section resolve unintentional
occupancy trespasses.
Sec. 21. [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 land bordering public water that is described in
paragraph (c).
(b) The sale must be in a form approved by the attorney
general for consideration no less than the estimated market
value of the land. 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 St. Louis County and
described as: the North 10 feet of the Northeast Quarter of the
Northwest Quarter, Section 16, Township 57 North, Range 17 West,
lying east of St. Mary's Lake.
(d) The parcel described in paragraph (c) has been under
lease since 1969 in order for the adjoining owner to meet county
zoning standards and the parcel is no longer needed for natural
resources purposes.
Sec. 22. [NO-BUILD EASEMENT.]
Notwithstanding any other law to the contrary, the St.
Louis County Board of Commissioners may convey a three-foot
permanent no-build easement on the northeasterly border of the
unsold tax-forfeited property described as lot 35 in the plat of
Upper Duluth St. Louis Avenue to an individual owner of private
property that shares a border with the tax-forfeited lot.
[EFFECTIVE DATE.] This section is effective the day after
the St. Louis County Board of Commissioners and its chief
clerical officer comply with Minnesota Statutes, section
645.021, subdivisions 2 and 3.
Sec. 23. [PRIVATE SALE OF SURPLUS STATE LAND; WABASHA
COUNTY.]
(a) Notwithstanding Minnesota Statutes, sections 94.09 and
94.10, the commissioner of natural resources may sell by private
sale the surplus state 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 to the legal description to correct errors and ensure
accuracy. Notwithstanding Minnesota Statutes, section 94.10,
the consideration for the conveyance is the estimated value for
the land described in paragraph (c) as of January 1976, adjusted
for inflation using the implicit price deflator for government
consumption expenditures and gross investment for state and
local governments prepared by the Bureau of Economic Analysis of
the United States Department of Commerce for the period starting
with January of 1976 and ending with January of 2005.
(c) The land that may be sold is located in Wabasha County
and is described as follows:
That part of the South Half of the Southwest Quarter of
Section 14, Township 109 North, Range 10 West, Wabasha County,
Minnesota, lying southerly of the following described center
line:
Commencing at the southwest corner of said South Half of
the Southwest Quarter from which the southeast corner of
said South Half of the Southwest Quarter bears East,
assumed bearing; thence South 88 degrees 44 minutes East
69.69 feet to the point of beginning; thence North 62
degrees East 72.46 feet; thence North 64 degrees East 48.05
feet; thence East 77.19 feet; thence South 86 degrees East
73.98 feet; thence North 76 degrees East 72.83 feet; thence
North 64 degrees East 75.07 feet; thence North 77 degrees
East 76.52 feet; thence North 85 degrees East 13.74 feet;
thence North 47 degrees East 63.99 feet; thence North 72
degrees East 76.61 feet; thence North 69 degrees East 72.57
feet; thence North 39 degrees East 56.12 feet; thence South
66 degrees East 80.17 feet; thence South 82 degrees East
48.68 feet; thence North 82 degrees East 69.30 feet; thence
South 31 degrees East 81.99 feet; thence South 10 degrees
East 39.39 feet; thence South 12 degrees East 74.13 feet;
thence South 22 degrees East 51.75 feet; thence South 43
degrees East 18.47 feet; thence South 83 degrees East 71.42
feet; thence North 89 degrees East 53.56 feet; thence North
28 degrees East 70.36 feet; thence North 31 degrees East
74.57 feet; thence North 22 degrees East 73.19 feet; thence
North 06 degrees East 52.91 feet; thence North 07 degrees
East 68.58 feet; thence North 14 degrees East 75.72 feet;
thence North 17 degrees East 72.04 feet; thence South 76
degrees East 84.66 feet; thence South 51 degrees East 75.23
feet; thence South 73 degrees East 72.96 feet; thence South
79 degrees East 81.25 feet; thence South 01 degree East
82.11 feet; thence South 05 degrees West 73.45 feet; thence
South 22 degrees East 69.17 feet; thence South 72 degrees
East 70.65 feet; thence South 79 degrees East 56.89 feet;
thence North 79 degrees East 54.55 feet; thence South 37
degrees East 80.95 feet; thence South 26 degrees East 49.79
feet, more or less, to the south line of said South Half of
the Southwest Quarter and there terminating, containing 6.4
acres, more or less.
(d) The sale would correct an error in a prior land
acquisition that cut off the existing access route to the
remainder of the adjacent landowner's property.
Sec. 24. [PRIVATE SALE OF TAX-FORFEITED LAND BORDERING
PUBLIC WATER; WASHINGTON COUNTY.]
(a) Notwithstanding Minnesota Statutes, sections 92.45 and
282.018, subdivision 1, and the public sale provisions of
Minnesota Statutes, chapter 282, Washington County may sell the
tax-forfeited land described in paragraph (c) by private sale,
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.
(c) The land to be sold is property ID number
22.032.21.12.0001, located in Washington County, and described
as: the Northwest Quarter of the Northeast Quarter of Section
22, Township 32 North, Range 21 West of the 4th Principal
Meridian, except the following: that part platted as GREEN
VALLEY-2ND PLAT according to the recorded plat thereof. And
also except the South 220 feet of the West 40 feet of said
Northwest Quarter of the Northeast Quarter. And also except the
East 300 feet of the West 750.41 feet of said Northwest Quarter
of the Northeast Quarter. And also except commencing at the
northwest corner of Lot 4, GREEN VALLEY according to the
recorded plat thereof, which point is on the north line of said
Section 22; thence East (North 90 degrees 00 minutes East) along
the north line of said GREEN VALLEY and said north line of
Section 22 a distance of 418 feet to the northeast corner of Lot
7 of said GREEN VALLEY and the point of beginning; thence South
00 degrees 03 minutes East, along the easterly line of said Lot
7, a distance of 295.6 feet to the southeast corner of said Lot
7 and the north line of GREEN VALLEY-2ND PLAT, according to the
recorded plat thereof; thence South 76 degrees 49 minutes East,
along said north line of GREEN VALLEY-2ND PLAT, a distance of
872.7 feet; thence North 54 degrees 37 minutes 30 seconds East a
distance of 202.8 feet; thence North 78 degrees 04 minutes 30
seconds East a distance of 505 feet, more or less, to the shore
of Shields Lake; thence northerly, along the shore of Shields
Lake, a distance of 280 feet, more or less, to said north line
of Section 22; thence West along said north line a distance of
1573.16 feet, more or less, to the point of beginning.
(d) The county has determined that the county's land
management interests would be best served if the lands were
returned to private ownership.
Sec. 25. [EASEMENT ON STATE LAND BORDERING PUBLIC WATER;
WASHINGTON COUNTY.]
(a) The commissioner of natural resources shall issue an
easement on land bordering public water that is described in
paragraph (c). The easement shall be issued to the current
owners of Lots 7 and 8, Block 2 of Demontreville Highlands and
Lots 2, 3, 4, and 5, Block 1, Demontreville Highlands 5th
Addition. The easement is for the purpose of the easement
holders jointly erecting and maintaining one dock from the
property described in paragraph (c). The dock may not exceed 30
feet in length and six feet in width and overnight mooring of
watercraft is prohibited.
(b) The easement must be in a form approved by the attorney
general for consideration of the easement preparation and
recording costs. The attorney general may make necessary
changes in the legal description to correct errors and ensure
accuracy. The easement will expire as to each owner when they
convey their ownership interest in the property described in
paragraph (a).
(c) The land upon which an easement is to be issued is
located in Washington County and is described as: Part of
Government Lot 6, Section 5, Township 29 North, Range 21 West,
being the South 45 feet lying East of the existing centerline of
Demontreville Trail North subject to easements of record.
Sec. 26. [REPEALER.]
Minnesota Statutes 2004, section 84.033, subdivision 2, is
repealed.
Sec. 27. [EFFECTIVE DATE.]
Sections 1 to 21 and 23 to 26 are effective the day
following final enactment.
Presented to the governor May 31, 2005
Signed by the governor June 3, 2005, 8:30 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes