SF 2727

1st Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to natural resources; modifying land 
  1.3             acquisition procedures; modifying certain local 
  1.4             planning regulations; adding to and deleting from 
  1.5             certain state parks and state recreation areas; 
  1.6             establishing the Cuyuna Lakes state trail; restricting 
  1.7             the taking of fish on certain waters; authorizing 
  1.8             public and private sales of certain state land in Big 
  1.9             Stone, Douglas, Kandiyohi, Itasca, Meeker, Morrison, 
  1.10            Scott, Sherburne, and Winona counties; appropriating 
  1.11            money; amending Minnesota Statutes 2000, sections 
  1.12            84.0272; 85.015, by adding a subdivision; 97C.025; 
  1.13            394.36, by adding a subdivision; 462.357, by adding a 
  1.14            subdivision. 
  1.15  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.16     Section 1.  Minnesota Statutes 2000, section 84.0272, is 
  1.17  amended to read: 
  1.18     84.0272 [PROCEDURE IN ACQUIRING LANDS.] 
  1.19     Subdivision 1.  [ACQUISITION PROCEDURE.] When the 
  1.20  commissioner of natural resources is authorized to acquire lands 
  1.21  or interests in lands the procedure set forth in this section 
  1.22  shall apply.  The commissioner of natural resources shall first 
  1.23  prepare a fact sheet showing the lands to be acquired, the legal 
  1.24  authority for their acquisition, and the qualities of the land 
  1.25  that make it a desirable acquisition.  The commissioner of 
  1.26  natural resources shall cause the lands to be appraised.  An 
  1.27  appraiser shall before entering upon the duties of office take 
  1.28  and subscribe an oath to faithfully and impartially discharge 
  1.29  the duties as appraiser according to the best of the appraiser's 
  1.30  ability and that the appraiser is not interested directly or 
  2.1   indirectly in any of the lands to be appraised or the timber or 
  2.2   improvements thereon or in the sale thereof and has entered into 
  2.3   no agreement or combination to purchase the same or any part 
  2.4   thereof, which oath shall be attached to the report of the 
  2.5   appraisal.  The commissioner of natural resources may pay less 
  2.6   than the appraised value, but shall not agree to pay more than 
  2.7   ten percent above the appraised value, except that if the 
  2.8   commissioner pays less than the appraised value for a parcel of 
  2.9   land, the difference between the purchase price and the 
  2.10  appraised value may be used to apply to purchases at more than 
  2.11  the appraised value.  The sum of accumulated differences between 
  2.12  appraised amounts and purchases for more than the appraised 
  2.13  amount may not exceed the sum of accumulated differences between 
  2.14  appraised amounts and purchases for less than the appraised 
  2.15  amount.  New appraisals may be made at the discretion of the 
  2.16  commissioner of natural resources. 
  2.17     Subd. 2.  [STREAM EASEMENTS.] (a) Notwithstanding 
  2.18  subdivision 1, the commissioner may acquire permanent stream 
  2.19  easements for angler access, fish management, and habitat work 
  2.20  for a one-time payment based on a value attributed to both the 
  2.21  stream and the easement corridor.  The payment shall equal: 
  2.22     (1) the per linear foot of stream within the easement 
  2.23  corridor times $5; plus 
  2.24     (2) the easement corridor acres times the estimated market 
  2.25  value. 
  2.26     (b) The estimated market value is equal to: 
  2.27     (1) the total farm market value plus the timberlands value; 
  2.28  divided by 
  2.29     (2) the acres of deeded farmland plus the acres of timber. 
  2.30     (c) The total farm market value, timberlands value, acres 
  2.31  of deeded farmland, and acres of timber are determined from data 
  2.32  collected by the department of revenue during its annual spring 
  2.33  mini abstract survey.  The commissioner must use the most recent 
  2.34  available data for the city or township within which the 
  2.35  easement corridor is located. 
  2.36     Sec. 2.  Minnesota Statutes 2000, section 85.015, is 
  3.1   amended by adding a subdivision to read: 
  3.2      Subd. 24.  [CUYUNA LAKES TRAIL, CROW WING AND AITKIN 
  3.3   COUNTIES.] The trail shall provide for separate alignments 
  3.4   insofar as practical, one paved and one unpaved, to maximize use 
  3.5   and to minimize user conflicts and maintenance costs.  The trail 
  3.6   alignments shall originate in Crow Wing county at the Paul 
  3.7   Bunyan trail in the city of Baxter and shall extend in an 
  3.8   east-northeasterly direction to the city of Riverton, Crow Wing 
  3.9   county, where they shall connect to the Sagamore Mine segment of 
  3.10  the Cuyuna Country state recreation area.  The trail alignments 
  3.11  shall then continue in a northeasterly direction, generally 
  3.12  along and using former railroad rights-of-way insofar as 
  3.13  practical, to connect with the main body of the Cuyuna Country 
  3.14  state recreation area, the communities of Ironton and Crosby in 
  3.15  Crow Wing county, and the Croft Mine historical park.  The trail 
  3.16  alignments shall then continue in an east-northeasterly 
  3.17  direction, generally along and using former railroad 
  3.18  rights-of-way insofar as practical, to the city of Cuyuna in 
  3.19  Crow Wing county, and then continue east to the city of Aitkin, 
  3.20  Aitkin county, and there terminate. 
  3.21     Sec. 3.  Minnesota Statutes 2000, section 97C.025, is 
  3.22  amended to read: 
  3.23     97C.025 [FISHING AND MOTORBOATS PROHIBITED IN CERTAIN 
  3.24  AREAS.] 
  3.25     (a) The commissioner may prohibit fishing or restrict the 
  3.26  taking of fish or the operation of motorboats by posting waters 
  3.27  that: 
  3.28     (1) are designated as spawning beds or fish preserves; or 
  3.29     (2) are being used by the commissioner for fisheries 
  3.30  research or management activities; or 
  3.31     (3) are licensed by the commissioner as a private fish 
  3.32  hatchery or aquatic farm under section 97C.211, subdivision 1, 
  3.33  or 17.4984, subdivision 1. 
  3.34  An area may be posted under this paragraph if necessary to 
  3.35  prevent excessive depletion of fish or interference with 
  3.36  fisheries research or management activities or private fish 
  4.1   hatchery or aquatic farm operations.  The commissioner will 
  4.2   consider the following criteria in determining if waters 
  4.3   licensed under a private fish hatchery or aquatic farm should be 
  4.4   posted under this paragraph: 
  4.5      (i) the waters contain game fish brood stock that are vital 
  4.6   to the private fish hatchery or aquatic farm operation; 
  4.7      (ii) game fish are present in the licensed waters only as a 
  4.8   result of aquaculture activities by the licensee; and 
  4.9      (iii) no public access to the waters existed when the 
  4.10  waters were first licensed. 
  4.11  A private fish hatchery or aquatic farm licensee may not take 
  4.12  fish or authorize others to take fish in licensed waters that 
  4.13  are posted under this paragraph, except as provided in section 
  4.14  17.4983, subdivision 3, and except that if waters are posted to 
  4.15  allow the taking of fish under special restrictions, licensees 
  4.16  and others who can legally access the waters may take fish under 
  4.17  those special restrictions. 
  4.18     (b) Except as provided in paragraph paragraphs (a) and (c), 
  4.19  a person may not take fish or operate a motorboat if prohibited 
  4.20  by posting under paragraph (a). 
  4.21     (c) An owner of riparian land adjacent to an area posted 
  4.22  under paragraph (a) may operate a motorboat through the area by 
  4.23  the shortest direct route at a speed of not more than five miles 
  4.24  per hour. 
  4.25     Sec. 4.  Minnesota Statutes 2000, section 394.36, is 
  4.26  amended by adding a subdivision to read: 
  4.27     Subd. 1a.  [SUBSTANDARD STRUCTURES.] Notwithstanding 
  4.28  subdivision 1, Minnesota Rules, parts 6105.0351 to 6105.0550, 
  4.29  may allow for the continuation and improvement of substandard 
  4.30  structures, as defined in Minnesota Rules, part 6105.0354, 
  4.31  subpart 30, in the Lower Saint Croix National Scenic Riverway. 
  4.32     Sec. 5.  Minnesota Statutes 2000, section 462.357, is 
  4.33  amended by adding a subdivision to read: 
  4.34     Subd. 1f.  [SUBSTANDARD STRUCTURES.] Notwithstanding 
  4.35  subdivision 1e, Minnesota Rules, parts 6105.0351 to 6105.0550, 
  4.36  may allow for the continuation and improvement of substandard 
  5.1   structures, as defined in Minnesota Rules, part 6105.0354, 
  5.2   subpart 30, in the Lower Saint Croix National Scenic Riverway. 
  5.3      Sec. 6.  [ADDITIONS TO CROW WING STATE PARK.] 
  5.4      [85.012] [Subd. 14.] [CROW WING STATE PARK, CROW WING, 
  5.5   CASS, AND MORRISON COUNTIES.] The following areas are added to 
  5.6   Crow Wing state park, Crow Wing county:  
  5.7      (1) all of Government Lots 1 and 2 of Section 7; all of 
  5.8   Government Lots 1, 2, and 4, the Southwest Quarter of the 
  5.9   Southwest Quarter, and the Southwest Quarter of the Southeast 
  5.10  Quarter of Section 8; that part of Government Lot 4 lying west 
  5.11  of Highway 371 and that part of the West Half of the Southwest 
  5.12  Quarter lying west of Highway 371 of Section 9; and all of 
  5.13  Government Lots 2 and 3 of Section 18; all in Township 44 North, 
  5.14  Range 31 West; 
  5.15     (2) that part of the Southeast Quarter of the Southeast 
  5.16  Quarter, the Northeast Quarter of the Southeast Quarter, and 
  5.17  Government Lot 1, lying south, west, and north of the following 
  5.18  described line:  Beginning at the southeast corner of said 
  5.19  Section 13; thence North, assumed bearing, 66.00 feet along the 
  5.20  east line of said Section 13 to Point "A"; thence North 89 
  5.21  degrees 01 minutes 00 seconds West 367.23 feet; thence 
  5.22  northwesterly 1335.72 feet along a non-tangential curve concave 
  5.23  to the northeast, radius 4837.27 feet, central angle 15 degrees 
  5.24  49 minutes 16 seconds, the chord of which bears North 41 degrees 
  5.25  45 minutes 20 seconds West; thence North, not tangent to the 
  5.26  last described curve, 817.82 feet; thence northeasterly 650.80 
  5.27  feet along a non-tangential curve concave to the southeast, 
  5.28  radius 1230.00 feet, central angle 30 degrees 18 minutes 56 
  5.29  seconds the chord of which bears North 36 degrees 50 minutes 32 
  5.30  seconds East to Point "B"; thence East 868.26 feet, more or 
  5.31  less, to the east line of said Northeast Quarter of the 
  5.32  Southeast Quarter and there terminating of Section 13; and the 
  5.33  East Half of the Northeast Quarter and the East Half of the 
  5.34  Southeast Quarter of Section 24; all in Township 44 North, Range 
  5.35  32 West; and 
  5.36     (3) Government Lot 3 of Section 27, Township 133 North, 
  6.1   Range 29 West. 
  6.2      Sec. 7.  [DELETIONS FROM BIG STONE LAKE STATE PARK.] 
  6.3      [85.012] [Subd. 6.] [BIG STONE LAKE STATE PARK, BIG STONE 
  6.4   COUNTY.] The following areas are deleted from Big Stone Lake 
  6.5   state park, Big Stone county: 
  6.6      All those parts of Lots 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 
  6.7   13, 14, 15, 16, 17, 18, and 19 of the plat SECOND ADDITION TO 
  6.8   SUNSET VIEW, according to the plat on file and of record in the 
  6.9   office of the recorder of Big Stone county, Minnesota, being in 
  6.10  Government Lot 1, Section 13, Township 122 North, Range 47 West; 
  6.11  and that part of Government Lot 1, Section 13, Township 122 
  6.12  North, Range 47 West, Big Stone county, Minnesota, being a strip 
  6.13  of land 80 feet in width lying northerly of the plat SECOND 
  6.14  ADDITION TO SUNSET VIEW, according to the plat on file and of 
  6.15  record in the office of the recorder for Big Stone county, 
  6.16  Minnesota, the southerly line of said strip is coincident with 
  6.17  the northerly lines of Lots 3 through 19, inclusive, of said 
  6.18  plat, the westerly boundary of said strip being the northerly 
  6.19  extension of the west line of Lot 19 of said plat. 
  6.20     Sec. 8.  [DELETIONS FROM CUYUNA COUNTRY STATE RECREATION 
  6.21  AREA.] 
  6.22     [85.013] [Subd. 5c.] [CUYUNA COUNTRY STATE RECREATION AREA, 
  6.23  CROW WING COUNTY.] 
  6.24     The following area is deleted from Cuyuna Country state 
  6.25  recreation area, Crow Wing county:  Government Lots 1 and 5 of 
  6.26  Section 4, Township 46 North, Range 29 West. 
  6.27     Sec. 9.  [ADDITION TO BIG BOG STATE RECREATION AREA; 
  6.28  BELTRAMI COUNTY.] 
  6.29     [85.013] [Subd. 2c.] [BIG BOG STATE RECREATION AREA, 
  6.30  BELTRAMI COUNTY.] The following areas are added to Big Bog state 
  6.31  recreation area, all in Township 156 North, Range 31 West, 
  6.32  Beltrami county: 
  6.33     (1) the Southeast Quarter of Section 35; and 
  6.34     (2) the Northwest Quarter of the Southwest Quarter and the 
  6.35  Northeast Quarter of the Southeast Quarter of Section 36. 
  6.36     Sec. 10.  [PRIVATE SALE OF SURPLUS STATE LAND; BIG STONE 
  7.1   COUNTY.] 
  7.2      (a) Notwithstanding Minnesota Statutes, sections 94.09 and 
  7.3   94.10, the commissioner of natural resources may sell by private 
  7.4   sale to the township of Prior the surplus land that is described 
  7.5   in paragraph (c). 
  7.6      (b) The conveyance must be in a form approved by the 
  7.7   attorney general and may be for consideration less than the 
  7.8   appraised value of the land.  The conveyance shall include a 
  7.9   restriction on the use of the land to allow only utility use and 
  7.10  prohibit all other permanent structures. 
  7.11     (c) The land to be sold is located in Big Stone county and 
  7.12  is described as:  That part of Government Lot 1, Section 13, 
  7.13  Township 122 North, Range 47 West, Big Stone county, Minnesota, 
  7.14  being a strip of land 80 feet in width lying northerly of the 
  7.15  plat SECOND ADDITION TO SUNSET VIEW, according to the plat on 
  7.16  file and of record in the office of the recorder for Big Stone 
  7.17  county, Minnesota, the southerly line of said strip is 
  7.18  coincident with the northerly lines of Lots 3 through 19, 
  7.19  inclusive, of said plat, the westerly boundary of said strip 
  7.20  being the northerly extension of the west line of Lot 19 of said 
  7.21  plat.  EXCEPTING therefrom the south 30 feet thereof.  
  7.22     (d) The commissioner has determined that the land is no 
  7.23  longer needed for any natural resource purpose and that the 
  7.24  state's land management interests would best be served if the 
  7.25  land was sold to the township of Prior to allow for upgrading 
  7.26  the septic systems and other utilities in the area. 
  7.27     Sec. 11.  [ADDITIONS TO CUYUNA COUNTRY STATE RECREATION 
  7.28  AREA, CROW WING COUNTY.] 
  7.29     [85.013] [Subd. 5c.] [CUYUNA COUNTRY STATE RECREATION AREA, 
  7.30  CROW WING COUNTY.] 
  7.31     The following areas are added to Cuyuna Country state 
  7.32  recreation area, Crow Wing county, all in Township 46 North, 
  7.33  Range 29 West: 
  7.34     That part of the Northwest Quarter lying East of the 
  7.35  westerly right-of-way line of the Soo Line Railroad of Section 
  7.36  1; the North Half of the Southwest Quarter of the Southwest 
  8.1   Quarter and the Southeast Quarter of the Southwest Quarter of 
  8.2   Section 2; and the North Half of the Northeast Quarter of the 
  8.3   Northwest Quarter of Section 11. 
  8.4      Sec. 12.  [PUBLIC SALE OF TAX-FORFEITED LAND BORDERING 
  8.5   PUBLIC WATER; DOUGLAS COUNTY.] 
  8.6      (a) Notwithstanding Minnesota Statutes, sections 92.45 and 
  8.7   282.018, subdivision 1, Douglas county may sell the 
  8.8   tax-forfeited land bordering public water that is described in 
  8.9   paragraph (c), under the remaining provisions of Minnesota 
  8.10  Statutes, chapter 282. 
  8.11     (b) The conveyance must be in a form approved by the 
  8.12  attorney general.  
  8.13     (c) The land to be sold is located in Douglas county and is 
  8.14  described as: 
  8.15     Lot 4, Block 1, Cedar Hills 1st Addition, Section 8, 
  8.16     Township 130, Range 37. 
  8.17     (d) The county has determined that the county's land 
  8.18  management interests would best be served if the lands were 
  8.19  returned to private ownership. 
  8.20     Sec. 13.  [PRIVATE OR PUBLIC SALE OF SURPLUS STATE LAND 
  8.21  BORDERING PUBLIC WATER; KANDIYOHI COUNTY.] 
  8.22     (a) Notwithstanding Minnesota Statutes, sections 92.45, 
  8.23  94.09, and 94.10, the commissioner of natural resources may sell 
  8.24  the surplus land and buildings bordering on public waters that 
  8.25  are described in paragraph (c) to the city of New London; or 
  8.26  notwithstanding Minnesota Statutes, sections 92.45, 94.09, and 
  8.27  94.10, the commissioner of natural resources may sell by public 
  8.28  sale the surplus land and buildings bordering on public waters 
  8.29  that are described in paragraph (c). 
  8.30     (b) The sale must be in a form approved by the attorney 
  8.31  general for consideration no less than the appraised value of 
  8.32  the land and buildings.  The sale shall reserve to the state an 
  8.33  easement along the Crow river to ensure public access and access 
  8.34  for dam management and maintenance at the outlet of the mill 
  8.35  pond known as Mud lake. 
  8.36     (c) The land to be sold is located in Kandiyohi county and 
  9.1   is described as: 
  9.2      All of Lots 9, 10, 11, 12, and 13 and that part of Lot 14 
  9.3   otherwise described as the Mill Lot lying north and east of the 
  9.4   Crow river, all being in Block 8 within the city of New London, 
  9.5   Minnesota, excepting therefrom the following three parcels: 
  9.6      (1) commencing at a point on the west line of Lot 8, Block 
  9.7   8 in the village of New London, 16-2/3 feet North of the 
  9.8   southwest corner of said Lot 8; running thence easterly on a 
  9.9   line parallel to the south line of said Lot 8, 100 feet to the 
  9.10  west line of Main Street; thence southerly on west line of Main 
  9.11  Street to a point, 50 feet; thence westerly on a line parallel 
  9.12  to the south line of said Lot 8 to a point, 70 feet; thence 
  9.13  northwesterly to the PLACE OF BEGINNING; 
  9.14     (2) commencing at a point 16 feet West from the northwest 
  9.15  corner of Lot 1, Block 8 of the village of New London; thence 
  9.16  120 feet South parallel with the west line of Lots 1, 2, 3, 4, 
  9.17  5, and 6; thence West to the bank of the Crow river; thence 
  9.18  along said bank of the Crow river to a point intersecting with a 
  9.19  line drawn North and South from a point, 100 feet West of the 
  9.20  PLACE OF BEGINNING; thence North to the north line of Block 8; 
  9.21  thence East to the PLACE OF BEGINNING; and 
  9.22     (3) commencing at a point on the north line of Block 8, 220 
  9.23  feet West of the northeast corner of said Block 8; thence West 
  9.24  50 feet; thence South 30 feet; thence southeasterly to a point 
  9.25  which is 50 feet South of the PLACE OF BEGINNING; thence due 
  9.26  North 50 feet to the PLACE OF BEGINNING. 
  9.27     The above described tract contains 0.46 acres to be sold. 
  9.28     (d) The commissioner has determined that the land is no 
  9.29  longer needed for any natural resource purpose other than 
  9.30  easement access for dam maintenance and that the state's land 
  9.31  management interests would best be served if the land was sold 
  9.32  by public sale or sold to the city of New London. 
  9.33     Sec. 14.  [PUBLIC SALE OF TRUST FUND LAND BORDERING PUBLIC 
  9.34  WATER; ITASCA COUNTY.] 
  9.35     (a) Notwithstanding Minnesota Statutes, section 92.45, the 
  9.36  commissioner of natural resources may sell by public sale the 
 10.1   school trust fund land bordering public water that is described 
 10.2   in paragraph (c), under the remaining provisions in Minnesota 
 10.3   Statutes, chapter 92. 
 10.4      (b) The conveyance shall be in a form approved by the 
 10.5   attorney general for consideration no less than the appraised 
 10.6   value of the land.  The attorney general may make necessary 
 10.7   changes to the legal description to correct errors and ensure 
 10.8   accuracy. 
 10.9      (c) The land that may be sold is located in Itasca county 
 10.10  and is described as follows:  Lot 6, Block 1 of Little Island 
 10.11  Lake Leased homesites, located in Government Lot 9, Section 16, 
 10.12  Township 58 North, Range 25 West. 
 10.13     (d) The commissioner has determined that the land is no 
 10.14  longer needed for any natural resource purpose and that the 
 10.15  state's land management interests would best be served if the 
 10.16  land was sold. 
 10.17     Sec. 15.  [PUBLIC SALE OF TAX-FORFEITED LAND BORDERING 
 10.18  PUBLIC WATER; MEEKER COUNTY.] 
 10.19     (a) Notwithstanding Minnesota Statutes, sections 92.45 and 
 10.20  282.018, subdivision 1, Meeker county may sell the tax-forfeited 
 10.21  land bordering public water that is described in paragraph (c), 
 10.22  under the remaining provisions of Minnesota Statutes, chapter 
 10.23  282. 
 10.24     (b) The conveyance must be in a form approved by the 
 10.25  attorney general.  
 10.26     (c) The land to be sold is located in Meeker county and is 
 10.27  described as: 
 10.28     Pt Southeast Quarter of Southeast Quarter (SE1/4 SE1/4) 
 10.29  beginning southeast corner Section 23, thence West 683.17 feet 
 10.30  to point of beginning, northwest 252.31 feet northwest 122 feet, 
 10.31  northeast 91 feet, southerly to south line Southeast Quarter of 
 10.32  Southeast Quarter (SE1/4 SE1/4), thence West 44 feet to point of 
 10.33  beginning.  Section 23, Township 120, Range 31 (PID 12-0213001). 
 10.34     (d) The county has determined that the county's land 
 10.35  management interests would best be served if the lands were 
 10.36  returned to private ownership. 
 11.1      Sec. 16.  [PRIVATE SALE OF SURPLUS STATE LAND; MORRISON 
 11.2   COUNTY.] 
 11.3      (a) Notwithstanding Minnesota Statutes, sections 94.09 and 
 11.4   94.10, the commissioner of natural resources may sell by private 
 11.5   sale the surplus land that is described in paragraph (c). 
 11.6      (b) The conveyance must be in a form approved by the 
 11.7   attorney general for consideration no less than the appraised 
 11.8   value of the land.  The attorney general may make necessary 
 11.9   changes to the legal description to correct errors and ensure 
 11.10  accuracy. 
 11.11     (c) The land to be sold is located in Morrison county and 
 11.12  is described as:  the South 33 feet of the Northwest Quarter of 
 11.13  the Southeast Quarter, the West 33 feet of Government Lot 2, and 
 11.14  the South 33 feet of the West 33 feet of the Northeast Quarter 
 11.15  of the Southeast Quarter, all in Section 11, Township 132 North, 
 11.16  Range 31 West. 
 11.17     (d) The commissioner has determined that the land is no 
 11.18  longer needed for any natural resource purpose and that the 
 11.19  state's land management interests would best be served if the 
 11.20  land was returned to private ownership. 
 11.21     Sec. 17.  [PUBLIC SALE OF STATE WILDLIFE MANAGEMENT AREA 
 11.22  LAND BORDERING PUBLIC WATERS; SCOTT COUNTY.] 
 11.23     (a) Notwithstanding Minnesota Statutes, section 92.45, the 
 11.24  commissioner of natural resources may sell the wildlife 
 11.25  management area land bordering public waters described in 
 11.26  paragraph (e) by public sale according to Minnesota Statutes, 
 11.27  section 97A.135, subdivision 2a. 
 11.28     (b) The conveyance shall be in a form approved by the 
 11.29  attorney general for consideration of no less than the appraised 
 11.30  value of the land. 
 11.31     (c) The deed must contain a restrictive covenant that 
 11.32  prohibits altering, disturbing vegetation in, draining, filling, 
 11.33  or placing any material or structure of any kind on or in the 
 11.34  existing wetland area located on the land; prohibits any run-off 
 11.35  from other lands or buildings into said wetland; and prohibits 
 11.36  diverting or appropriating water from said wetland. 
 12.1      (d) The consideration received for the conveyance shall be 
 12.2   deposited in the state treasury and credited to the wildlife 
 12.3   acquisition account in the game and fish fund.  The money is 
 12.4   appropriated to the commissioner of natural resources for 
 12.5   wildlife land acquisition purposes. 
 12.6      (e) The land that may be sold is in the Prior Lake wildlife 
 12.7   management area in Scott county and is described as: 
 12.8      The East 1200 feet of the South 800 feet of the Southwest 
 12.9      Quarter of the Southeast Quarter of Section 22, Township 
 12.10     115 North, Range 22 West.  Including the abandoned 
 12.11     right-of-way of the Chicago, Milwaukee, St. Paul and 
 12.12     Pacific Railroad Company (formerly the Hastings and Dakota 
 12.13     Railway Company).  Containing 22 acres, more or less. 
 12.14     (f) This land no longer fits into the state wildlife 
 12.15  management area system because of hunting limitations, its small 
 12.16  size, and future development planned for the area.  Proceeds 
 12.17  from the sale will be used to purchase lands more suitable for 
 12.18  wildlife management and public hunting. 
 12.19     Sec. 18.  [PRIVATE SALE OF SURPLUS STATE LAND; SHERBURNE 
 12.20  COUNTY.] 
 12.21     (a) Notwithstanding Minnesota Statutes, sections 94.09 and 
 12.22  94.10, the commissioner of natural resources may sell by private 
 12.23  sale the lands that are described in paragraph (c) to the 
 12.24  adjacent landowners upon completion of an internal land exchange 
 12.25  whereby the status of the lands described in paragraph (c) will 
 12.26  become acquired state forest status. 
 12.27     (b) The conveyances must be in a form approved by the 
 12.28  attorney general for consideration not less than the appraised 
 12.29  value of the lands. 
 12.30     (c) The lands to be conveyed are located in Sherburne 
 12.31  county and are described as: 
 12.32     (1) that part of the Southeast Quarter of the Southwest 
 12.33  Quarter of Section 36, Township 34 North, Range 27 West, 
 12.34  Sherburne county, Minnesota, described as follows:  Beginning at 
 12.35  the northeast corner of said Southeast Quarter of the Southwest 
 12.36  Quarter; thence on a bearing, based on the 1983 Sherburne County 
 13.1   Coordinate System (1986 Adjustment), of South 02 degrees 42 
 13.2   minutes 52 seconds West 746.69 feet along the east line of said 
 13.3   Southeast Quarter of the Southwest Quarter to the center line of 
 13.4   a township road; thence North 71 degrees 56 minutes 43 seconds 
 13.5   West 61.36 feet along said center line; thence North 00 degrees 
 13.6   35 minutes 14 seconds West 727.25 feet to the north line of said 
 13.7   Southeast Quarter of the Southwest Quarter; thence South 89 
 13.8   degrees 47 minutes 12 seconds East 101.15 feet along said north 
 13.9   line to the point of beginning; containing 1.35 acres; 
 13.10     (2) that part of the Northeast Quarter of the Southwest 
 13.11  Quarter of Section 36, Township 34 North, Range 27 West, 
 13.12  Sherburne county, Minnesota, described as follows:  Commencing 
 13.13  at the northeast corner of said Northeast Quarter of the 
 13.14  Southwest Quarter; thence on a bearing, based on the 1983 
 13.15  Sherburne County Coordinate System (1986 Adjustment), of South 
 13.16  02 degrees 42 minutes 52 seconds West 905.10 feet along the east 
 13.17  line of said Northeast Quarter of the Southwest Quarter to a 
 13.18  point on the south line of the North 904.20 feet of the 
 13.19  Northwest Quarter of the Southeast Quarter of said Section 36 
 13.20  and the point of beginning; thence North 89 degrees 50 minutes 
 13.21  32 seconds West 123.41 feet on the westerly extension of the 
 13.22  North 904.20 feet of said Northwest Quarter of the Southeast 
 13.23  Quarter; thence South 00 degrees 20 minutes 40 seconds East 
 13.24  416.58 feet to the south line of said Northeast Quarter of the 
 13.25  Southwest Quarter; thence South 89 degrees 47 minutes 12 seconds 
 13.26  East 101.15 feet along said south line to the southeast corner 
 13.27  of said Northeast Quarter of the Southwest Quarter; thence North 
 13.28  02 degrees 42 minutes 52 seconds East 417.08 feet along the east 
 13.29  line of said Northeast Quarter of the Southwest Quarter to the 
 13.30  point of beginning; containing 1.06 acres; 
 13.31     (3) that part of the Southeast Quarter of the Southwest 
 13.32  Quarter of Section 36, Township 34 North, Range 27 West, 
 13.33  Sherburne county, Minnesota, described as follows:  Commencing 
 13.34  at the northeast corner of said Southeast Quarter of the 
 13.35  Southwest Quarter; thence on a bearing, based on the 1983 
 13.36  Sherburne County Coordinate System (1986 Adjustment), of South 
 14.1   02 degrees 42 minutes 52 seconds West 746.69 feet along the east 
 14.2   line of said Southeast Quarter of the Southwest Quarter to the 
 14.3   center line of a township road and the point of beginning; 
 14.4   thence North 71 degrees 56 minutes 43 seconds West 61.36 feet 
 14.5   along said center line; thence South 00 degrees 35 minutes 14 
 14.6   seconds East 593.77 feet to the south line of said Southeast 
 14.7   Quarter of the Southwest Quarter; thence South 89 degrees 43 
 14.8   minutes 53 seconds East 25.00 feet along said south line to the 
 14.9   southeast corner of said Southeast Quarter of the Southwest 
 14.10  Quarter; thence North 02 degrees 42 minutes 52 seconds East 
 14.11  575.49 feet along the east line of said Southeast Quarter of the 
 14.12  Southwest Quarter to the point of beginning; containing 0.59 
 14.13  acres; and 
 14.14     (4) that part of the Northeast Quarter of the Southwest 
 14.15  Quarter of Section 36, Township 34 North, Range 27 West, 
 14.16  Sherburne county, Minnesota, described as follows:  Beginning at 
 14.17  the northeast corner of said Northeast Quarter of the Southwest 
 14.18  Quarter; thence on a bearing, based on the 1983 Sherburne County 
 14.19  Coordinate System (1986 Adjustment), of South 02 degrees 42 
 14.20  minutes 52 seconds West 905.10 feet along the east line of said 
 14.21  Northeast Quarter of the Southwest Quarter to a point on the 
 14.22  south line of the North 904.20 feet of the Northwest Quarter of 
 14.23  the Southeast Quarter of said Section 36; thence North 89 
 14.24  degrees 50 minutes 32 seconds West 123.41 feet on the westerly 
 14.25  extension of the North 904.20 feet of said Northwest Quarter of 
 14.26  the Southeast Quarter; thence North 00 degrees 20 minutes 40 
 14.27  seconds West 904.24 feet to the north line of said Northeast 
 14.28  Quarter of the Southwest Quarter; thence South 89 degrees 50 
 14.29  minutes 32 seconds East 171.71 feet along said north line to the 
 14.30  point of beginning; containing 3.06 acres. 
 14.31     (d) The lands described in paragraph (c) are part of an 
 14.32  internal pending land exchange.  After approval of the exchange 
 14.33  by the state land exchange board, the trust fund status of the 
 14.34  lands described in paragraph (c) will become acquired state 
 14.35  forest status.  The lands described in paragraph (c) are then 
 14.36  withdrawn from the Sand Dunes state forest and will be certified 
 15.1   as surplus by the commissioner.  The commissioner of natural 
 15.2   resources has determined, due to recent survey information, that 
 15.3   the lands described in paragraph (c) are not suitable for public 
 15.4   land management; that the state's land management interests 
 15.5   would best be served by conveyance of the land to the adjacent 
 15.6   land owners; and that the conveyance will resolve a 
 15.7   long-standing unintentional trespass. 
 15.8      Sec. 19.  [PRIVATE SALE OF SURPLUS STATE LAND; WINONA 
 15.9   COUNTY.] 
 15.10     (a) Notwithstanding Minnesota Statutes, sections 94.09 and 
 15.11  94.10, the commissioner of natural resources may sell by private 
 15.12  sale the surplus land that is described in paragraph (c). 
 15.13     (b) The conveyance must be in a form approved by the 
 15.14  attorney general for consideration no less than the appraised 
 15.15  value of the land. 
 15.16     (c) The land to be sold is located in Winona county and is 
 15.17  described as: 
 15.18     That part of the Southeast Quarter of the Southwest Quarter 
 15.19  of Section 26, Township 105 North, Range 9 West, Winona county, 
 15.20  Minnesota, described as follows: 
 15.21     Beginning at the northwest corner of said Southeast Quarter 
 15.22  of the Southwest Quarter; thence on a bearing, based on the 
 15.23  Winona County Coordinate System of 1983 (1986 Adjustment), of 
 15.24  South 00 degrees 17 minutes 40 seconds West along the west line 
 15.25  of said Southeast Quarter of the Southwest Quarter 388.05 feet; 
 15.26  thence North 85 degrees 20 minutes 05 seconds East 87.79 feet; 
 15.27  thence North 02 degrees 44 minutes 27 seconds West 353.94 feet; 
 15.28  thence North 86 degrees 36 minutes 30 seconds East 423.51 feet 
 15.29  to the north line of said Southeast Quarter of the Southwest 
 15.30  Quarter; thence North 89 degrees 43 minutes 52 seconds West 
 15.31  along the north line of said Southeast Quarter of the Southwest 
 15.32  Quarter 491.34 feet to the point of beginning; containing 0.82 
 15.33  acres. 
 15.34     (d) The commissioner has determined that the land is no 
 15.35  longer needed for any natural resource purpose and that the 
 15.36  state's land management interests would best be served if the 
 16.1   land was returned to private ownership.