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HF 133

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/11/2022 11:41am

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 01/14/2021

Current Version - as introduced

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A bill for an act
relating to state lands; modifying provisions for conveying state land interests;
adding to and deleting from state parks and recreation areas; authorizing sales of
certain state lands; amending Minnesota Statutes 2020, sections 84.63; 92.502.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2020, section 84.63, is amended to read:


84.63 CONVEYANCE OF INTERESTS IN LANDS TO STATE deleted text beginANDdeleted text endnew text begin,new text end FEDERALnew text begin,new text end
new text begin AND TRIBAL new text endGOVERNMENTS.

(a) Notwithstanding any existing law to the contrary, the commissioner of natural
resources is hereby authorized on behalf of the state to convey to the United Statesnew text begin, to a
federally recognized Indian tribe,
new text end or to the state of Minnesota or any of its subdivisions,
upon state-owned lands under the administration of the commissioner of natural resources,
permanent or temporary easements for specified periods or otherwise for trails, highways,
roads including limitation of right of access from the lands to adjacent highways and roads,
flowage for development of fish and game resources, stream protection, flood control, and
necessary appurtenances thereto, such conveyances to be made upon such terms and
conditions including provision for reversion in the event of non-user as the commissioner
of natural resources may determine.

(b) In addition to the fee for the market value of the easement, the commissioner of
natural resources shall assess the applicant the following fees:

(1) an application fee of $2,000 to cover reasonable costs for reviewing the application
and preparing the easement; and

(2) a monitoring fee to cover the projected reasonable costs for monitoring the
construction of the improvement for which the easement was conveyed and preparing special
terms and conditions for the easement. The commissioner must give the applicant an estimate
of the monitoring fee before the applicant submits the fee.

(c) The applicant shall pay these fees to the commissioner of natural resources. The
commissioner shall not issue the easement until the applicant has paid in full the application
fee, the monitoring fee, and the market value payment for the easement.

(d) Upon completion of construction of the improvement for which the easement was
conveyed, the commissioner shall refund the unobligated balance from the monitoring fee
revenue. The commissioner shall not return the application fee, even if the application is
withdrawn or denied.

(e) Money received under paragraph (b) must be deposited in the land management
account in the natural resources fund and is appropriated to the commissioner of natural
resources to cover the reasonable costs incurred for issuing and monitoring easements.

(f) A county or joint county regional railroad authority is exempt from all fees specified
under this section for trail easements on state-owned land.

Sec. 2.

Minnesota Statutes 2020, section 92.502, is amended to read:


92.502 LEASE OF TAX-FORFEITED AND STATE LANDS.

(a) Notwithstanding section 282.04 or other law to the contrary, St. Louis County may
enter a 30-year lease of tax-forfeited land for a wind energy project.

(b) The commissioner of natural resources may enter a 30-year lease of land administered
by the commissioner for a wind energy project.

(c) The commissioner of natural resources may enter a 30-year lease of land administered
by the commissioner for recreational trails and facilities.new text begin The commissioner may assess the
lease applicant a monitoring fee to cover the projected reasonable costs of monitoring
construction of the recreational trail or facility and preparing special terms and conditions
of the license to ensure proper construction. The commissioner must give the applicant an
estimate of the monitoring fee before the applicant is required to submit the fee. Upon
completion of construction of the trail or facility, the commissioner must refund the
unobligated balance from the monitoring fee revenue.
new text end

(d) Notwithstanding section 282.04 or other law to the contrary, Lake and St. Louis
Counties may enter into 30-year leases of tax-forfeited land for recreational trails and
facilities.

Sec. 3. new text beginADDITION TO STATE PARK.
new text end

new text begin [85.012] [Subd. 18.] Fort Snelling State Park, Dakota County. The following areas
are added to Fort Snelling State Park, Dakota County:
new text end

new text begin (1) that part of Section 28, Township 28 North, Range 23 West, Dakota County,
Minnesota, bounded by the Dakota County line along the Minnesota River and the following
described lines:
new text end

new text begin Beginning at the intersection of the south line of Lot 18 of Auditor's Subdivision Number
29 of Mendota, according to the plat on file in the Office of the Dakota County Recorder,
with the westerly right-of-way line of the existing Sibley Memorial Highway; thence
northerly along said westerly right-of-way line to the north line of said Lot 18; thence
westerly along the north line of said Lot 18 to the easterly right-of-way line of the
Chicago and Northwestern Railroad; thence northerly and northeasterly along said
easterly right-of-way to the east line of said Section 28;
new text end

new text begin (2) that part of Section 33, Township 28 North, Range 23 West, Dakota County,
Minnesota, lying westerly of the easterly right-of-way of the Chicago and Northwestern
Railroad;
new text end

new text begin (3) that part of Government Lot 6 of Section 33, Township 28 North, Range 23 West,
Dakota County, Minnesota, lying East of the easterly right-of-way of the Chicago and
Northwestern Railroad and West of the westerly right-of-way of Sibley Memorial Highway
and North of the South 752 feet of said Government Lot 6;
new text end

new text begin (4) the North 152 feet of the South 752 feet of that part of Government Lot 6 of Section
33, Township 28 North, Range 23 West, Dakota County, Minnesota, lying East of the
easterly right-of-way of the Chicago and Northwestern Railroad and West of the westerly
right-of-way of Sibley Memorial Highway;
new text end

new text begin (5) the North 270 feet of the South 600 feet of that part of Government Lot 6 lying
between the westerly right-of-way of Sibley Memorial Highway and the easterly right-of-way
of the Chicago and Northwestern Railroad in Section 33, Township 28 North, Range 23
West, Dakota County, Minnesota;
new text end

new text begin (6) that part of the South 20 rods of Government Lot 6 of Section 33, Township 28
North, Range 23 West, Dakota County, Minnesota, lying East of the easterly right-of-way
of the Chicago and Northwestern Railroad and West of the westerly right-of-way of Sibley
Memorial Highway, excepting therefrom that part described as follows:
new text end

new text begin Commencing at the southeast corner of said Government Lot 6; thence North 89 degrees
56 minutes 54 seconds West assumed bearing along the south line of said Government
Lot 6 a distance of 260.31 feet to the point of beginning of the property to be described;
thence continue North 89 degrees 56 minutes 54 seconds West a distance of 71.17 feet;
thence northwesterly a distance of 37.25 feet along a nontangential curve concave to
the East having a radius of 4,098.00 feet and a central angle of 00 degrees 31 minutes
15 seconds the chord of said curve bears North 23 degrees 31 minutes 27 seconds West;
thence northerly a distance of 127.39 feet along a compound curve concave to the East
having a radius of 2,005.98 feet and a central angle of 03 degrees 38 minutes 19 seconds;
thence North 70 degrees 22 minutes 29 seconds East not tangent to said curve a distance
of 65.00 feet; thence southerly a distance of 123.26 feet along a nontangential curve
concave to the East having a radius of 1,940.98 feet and a central angle of 03 degrees
38 minutes 19 seconds the chord of said curve bears South 21 degrees 26 minutes 40
seconds East; thence southerly a distance of 65.42 feet to the point of beginning along
a compound curve concave to the East having a radius of 4,033.00 feet and a central
angle of 00 degrees 55 minutes 46 seconds;
new text end

new text begin (7) that part of Government Lot 5 of Section 33, Township 28 North, Range 23 West,
Dakota County, Minnesota, lying East of the easterly right-of-way of the Chicago and
Northwestern Railroad and West of the westerly right-of-way of Sibley Memorial Highway,
excepting therefrom that part described as follows:
new text end

new text begin Commencing at the southeast corner of said Government Lot 5; thence North 89 degrees
56 minutes 18 seconds West assumed bearing along the south line of said Government
Lot 5 a distance of 70.48 feet to the point of beginning of the property to be described;
thence continue North 89 degrees 56 minutes 18 seconds West along said south line of
Government Lot 5 a distance of 40.01 feet; thence North 01 degree 30 minutes 25 seconds
East a distance of 6.08 feet; thence northerly a distance of 185.58 feet along a tangential
curve concave to the West having a radius of 4,427.00 feet and a central angle of 02
degrees 24 minutes 07 seconds; thence South 89 degrees 06 minutes 18 seconds West
not tangent to said curve a distance of 25.00 feet; thence North 00 degrees 53 minutes
42 seconds West a distance of 539.13 feet; thence northerly a distance of 103.77 feet
along a tangential curve concave to the West having a radius of 1,524.65 feet and a
central angle of 03 degrees 53 minutes 59 seconds; thence northerly a distance of 159.33
feet along a compound curve concave to the West having a radius of 522.45 feet and a
central angle of 17 degrees 28 minutes 23 seconds; thence northwesterly a distance of
86.78 feet along a tangential curve concave to the West having a radius of 1,240.87 feet
and a central angle of 04 degrees 00 minutes 25 seconds; thence North 26 degrees 16
minutes 30 seconds West tangent to said curve a distance of 92.39 feet; thence
northwesterly a distance of 178.12 feet along a tangential curve concave to the East
having a radius of 4,098.00 feet and a central angle of 02 degrees 29 minutes 25 seconds
to a point on the north line of said Government Lot 5 which is 331.48 feet from the
northeast corner thereof as measured along said north line; thence South 89 degrees 56
minutes 54 seconds East along said north line of Government Lot 5 a distance of 71.17
feet; thence southeasterly a distance of 146.53 feet along a nontangential curve concave
to the East having a radius of 4,033.00 feet and a central angle of 02 degrees 04 minutes
54 seconds the chord of said curve bears South 25 degrees 14 minutes 03 seconds East;
thence South 26 degrees 16 minutes 30 seconds East tangent to said curve a distance of
92.39 feet; thence southerly a distance of 91.33 feet along a tangential curve concave
to the West having a radius of 1,305.87 feet and a central angle of 04 degrees 00 minutes
25 seconds; thence southerly a distance of 179.15 feet along a tangential curve concave
to the West having a radius of 587.45 feet and a central angle of 17 degrees 28 minutes
23 seconds; thence southerly a distance of 108.20 feet along a compound curve concave
to the West having a radius of 1,589.65 feet and a central angle of 03 degrees 53 minutes
59 seconds; thence South 00 degrees 53 minutes 42 seconds East tangent to said curve
a distance of 539.13 feet; thence southerly a distance of 187.26 feet along a tangential
curve concave to the West having a radius of 4,467.00 feet and a central angle of 02
degrees 24 minutes 07 seconds; thence South 01 degree 30 minutes 25 seconds West
tangent to said curve a distance of 5.07 feet to the point of beginning; and
new text end

new text begin (8) that part of Government Lot 4 of Section 33, Township 28 North, Range 23 West,
Dakota County, Minnesota, lying East of the easterly right-of-way of the Chicago and
Northwestern Railroad and northerly of the following described line:
new text end

new text begin Commencing at the southeast corner of said Government Lot 4; thence North 89 degrees
55 minutes 42 seconds West assumed bearing along the south line of said Government
Lot 4 a distance of 312.44 feet to corner B205, MNDOT Right-of-Way Plat No. 19-93,
according to the recorded map thereof; thence continue North 89 degrees 55 minutes 42
seconds West along said south line of Government Lot 4 a distance of 318.00 feet to the
easterly right-of-way of Chicago and Northwestern Railroad; thence northerly along
said railroad right-of-way a distance of 387.97 feet along a nontangential curve concave
to the West having a radius of 2,963.54 feet and a central angle of 07 degrees 30 minutes
03 seconds, the chord of said curve bears North 00 degrees 42 minutes 41 seconds East;
thence North 03 degrees 02 minutes 21 seconds West tangent to said curve along said
railroad right-of-way a distance of 619.45 feet to the point of beginning of the line to
be described; thence North 89 degrees 35 minutes 27 seconds East a distance of 417.92
feet; thence North 18 degrees 18 minutes 58 seconds East a distance of 317.52 feet to a
point on the north line of said Government Lot 4 which is 135.00 feet from the northeast
corner thereof as measured along said north line and there terminating.
new text end

Sec. 4. new text beginADDITION TO STATE RECREATION AREA.
new text end

new text begin [85.013] [Subd. 12a.] Iron Range Off-Highway Vehicle Recreation Area, St. Louis
County.
The following area is added to Iron Range Off-Highway Vehicle Recreation Area,
St. Louis County: that part of the South Half of the Northwest Quarter of Section 15,
Township 58 North, Range 17 West, St. Louis County, Minnesota, lying northerly of the
following described line:
new text end

new text begin Commencing at the West quarter corner of said Section 15; thence North 01 degree 24
minutes 27 seconds West, bearing assumed, along the west line of said South Half of
the Northwest Quarter a distance of 1,034.09 feet to a 3/4-inch rebar with plastic cap
stamped "MN DNR LS 44974" (DM) and the point of beginning; thence South 62 degrees
44 minutes 07 seconds East 405.24 feet to a DM; thence South 82 degrees 05 minutes
24 seconds East 314.95 feet to a DM; thence South 86 degrees 18 minutes 01 second
East 269.23 feet to a DM; thence North 81 degrees 41 minutes 24 seconds East 243.61
feet to a DM; thence North 71 degrees 48 minutes 05 seconds East 478.17 feet to a DM;
thence North 60 degrees 53 minutes 38 seconds East 257.32 feet to a DM; thence South
09 degrees 16 minutes 07 seconds East 179.09 feet to a DM; thence South 49 degrees
16 minutes 00 seconds East 127.27 feet to a DM; thence South 50 degrees 16 minutes
11 seconds East 187.13 feet to a DM; thence South 67 degrees 11 minutes 35 seconds
East 189.33 feet to a DM; thence South 67 degrees 13 minutes 16 seconds East 209.43
feet to a DM; thence South 80 degrees 39 minutes 19 seconds East 167.59 feet to a DM
on the east line of said South Half of the Northwest Quarter, and there terminating.
new text end

Sec. 5. new text beginDELETIONS FROM STATE PARKS.
new text end

new text begin Subdivision 1. new text end

new text begin [85.012] [Subd. 18.] new text end

new text begin Fort Snelling State Park, Dakota County. The
following areas are deleted from Fort Snelling State Park, Dakota County:
new text end

new text begin (1) all of Section 33, Township 28 North, Range 23 West of the 4th Principal Meridian
lying westerly of the westerly right-of-way line of the existing Minnesota Trunk Highway
No. 13, excepting the right-of-way owned by the Chicago and Northwestern railway
company; and
new text end

new text begin (2) all of Section 28, Township 28 North, Range 23 West of the 4th Principal Meridian
bounded by the Dakota County line along the Minnesota River and the following described
lines: Beginning at the south line of said Section 28 at its intersection with the westerly
right-of-way line of the existing Minnesota Trunk Highway No. 13; thence northerly along
the said westerly right-of-way line of existing Minnesota Trunk Highway No. 13 to the
southerly right-of-way line of existing Minnesota Trunk Highway Nos. 55 and 100; thence
along the existing southerly right-of-way line of Minnesota Trunk Highway Nos. 55 and
100 to the westerly right-of-way line owned by the Chicago and Northwestern railway
company; thence northeasterly along the said westerly right-of-way line of the Chicago and
Northwestern railway to the east line of said Section 28, excepting therefrom the right-of-way
owned by the Chicago and Northwestern railway company.
new text end

new text begin Subd. 2. new text end

new text begin [85.012] [Subd. 60.] new text end

new text begin William O'Brien State Park, Washington County. The
following areas are deleted from William O'Brien State Park, Washington County:
new text end

new text begin (1) those parts of Section 25, Township 32 North, Range 20 West, Washington County,
Minnesota, described as follows:
new text end

new text begin The West two rods of the Southwest Quarter of the Northeast Quarter, the West two
rods of the North two rods of the Northwest Quarter of the Southeast Quarter, and the
East two rods of the Southeast Quarter of the Northwest Quarter; and
new text end

new text begin (2) the East two rods over and across the Northeast Quarter of the Northwest Quarter,
excepting therefrom the North 200 feet of said Northeast Quarter of the Northwest Quarter.
Also, the West 2 rods of the Northwest Quarter of the Northeast Quarter, excepting therefrom
the North 266 feet of said Northwest Quarter of the Northeast Quarter. Also, the South 66
feet of the North 266 feet of that part of said Northwest Quarter of the Northeast Quarter
lying southwesterly of the existing public road known as 199th Street North.
new text end

Sec. 6. new text beginPRIVATE SALE OF SURPLUS STATE LAND; CASS COUNTY.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, sections 94.09 to 94.16, the commissioner of
natural resources may sell by private sale the surplus land that is described in paragraph (c).
new text end

new text begin (b) The commissioner may make necessary changes to the legal description to correct
errors and ensure accuracy.
new text end

new text begin (c) The land to be conveyed is located in Cass County and is described as: the westerly
20.00 feet of the West Half of the Northeast Quarter, Section 16, Township 139 North,
Range 30 West, Cass County, Minnesota. The Grantor, its employees and agents only,
reserves a perpetual easement for ingress and egress over and across the above described
land.
new text end

new text begin (d) The Department of Natural Resources has determined that the land is not needed for
natural resource purposes and that the state's land management interests would best be
served if the land was returned to private ownership.
new text end

Sec. 7. new text beginPRIVATE SALE OF SURPLUS STATE LAND; LAKE OF THE WOODS
COUNTY.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, sections 94.09 to 94.16, the commissioner of
natural resources may sell by private sale the surplus land that is described in paragraph (c).
new text end

new text begin (b) The commissioner may make necessary changes to the legal description to correct
errors and ensure accuracy.
new text end

new text begin (c) The land to be conveyed is located in Lake of the Woods County and is described
as: a strip of land lying in Government Lot 3, Section 5, Township 163 North, Range 34
West of the Fifth Principal Meridian, Lake of the Woods County, Minnesota; said strip of
land being 33.00 feet in width lying 16.50 feet on each side of the following described
centerline:
new text end

new text begin Commencing at the southeast corner of said Government Lot 3; thence North 00 degrees
09 minutes 28 seconds West, assumed bearing, along the east line of said Government
Lot 3, a distance of 690 feet, more or less, to the south line of that particular tract of land
deeded to the State of Minnesota according to Document No. 75286, on file and of record
in the Office of the Recorder, Lake of the Woods County, Minnesota; thence South 89
degrees 50 minutes 32 seconds West, along said south line of that particular tract of
land, a distance of 200.00 feet; thence South 00 degrees 09 minutes 28 seconds East,
parallel with the east line of said Government Lot 3, a distance of 40.00 feet; thence
South 89 degrees 50 minutes 32 seconds West, a distance of 16.50 feet to the point of
beginning of the centerline to be herein described; thence South 00 degrees 09 minutes
28 seconds East, parallel with the east line of said Government Lot 3, a distance of 650.5
feet, more or less, to the south line of said Government Lot 3 and said centerline there
terminating.
new text end

new text begin (d) The Department of Natural Resources has determined that the land is not needed for
natural resource purposes and that the state's land management interests would best be
served if the land was returned to private ownership.
new text end

Sec. 8. new text beginPRIVATE SALE OF SURPLUS STATE LAND; ST. LOUIS COUNTY.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, sections 94.09 to 94.16, the commissioner of
natural resources may convey the surplus land that is described in paragraph (c) to a local
unit of government for no consideration.
new text end

new text begin (b) The commissioner may make necessary changes to the legal description to correct
errors and ensure accuracy.
new text end

new text begin (c) The land to be conveyed is located in St. Louis County and is described as: that part
of the Southwest Quarter of the Northwest Quarter of Section 27, Township 52 North, Range
17 West, St. Louis County, Minnesota, described as follows:
new text end

new text begin Commencing at the quarter corner between Sections 27 and 28 of said Township 52
North, Range 17 West; thence running East 624 feet; thence North 629 feet to the point
of beginning; thence North 418 feet; thence East 208 feet; thence South 418 feet; thence
West 208 feet to the point of beginning.
new text end

new text begin (d) The Department of Natural Resources has determined that the land is not needed for
natural resource purposes and that the state's land management interests would best be
served if the land were conveyed to a local unit of government.
new text end

Sec. 9. new text beginPRIVATE SALE OF TAX-FORFEITED LANDS; ST. LOUIS COUNTY.
new text end

new text begin (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 lands
described in paragraph (c).
new text end

new text begin (b) The conveyances must be in a form approved by the attorney general. The attorney
general may make changes to the land descriptions to correct errors and ensure accuracy.
new text end

new text begin (c) The lands to be sold are located in St. Louis County and are described as:
new text end

new text begin (1) Lot 5, Block 9, including part of vacated Seafield Street adjacent, Bristol Beach 1st
Division, Duluth (parcel 010-0300-01030); and
new text end

new text begin (2) that part of the Southeast Quarter of the Northwest Quarter, Township 58, Range
15, Section 5, lying northerly of the northerly right-of-way line of the town of White road
running in an east-west direction connecting County Road No. 138 with State Highway No.
135 and lying westerly of the following described line: commencing at the northeast corner
of Government Lot 3; thence South 89 degrees 46 minutes 22 seconds West along the north
line of Government Lot 3 558.28 feet; thence South 27 degrees 50 minutes 01 second West
102.75 feet; thence South 41 degrees 51 minutes 46 seconds West 452.29 feet; thence South
28 degrees 19 minutes 22 seconds West 422.74 feet; thence South 30 degrees 55 minutes
42 seconds West 133.79 feet; thence southwesterly 210.75 feet along a tangential curve
concave to the southeast having a radius of 300 feet and a central angle of 40 degrees 15
minutes 00 seconds; thence South 09 degrees 19 minutes 19 seconds East tangent to said
curve 100.30 feet, more or less, to the north line of said Southeast Quarter of the Northwest
Quarter; thence North 89 degrees 09 minutes 31 seconds East along said north line 40.44
feet to the point of beginning of the line; thence South 09 degrees 19 minutes 19 seconds
East 148 feet, more or less, to said right-of-way line and said line there terminating. Surface
only (parcel 570-0021-00112).
new text end

new text begin (d) The county has determined that the county's land management interests would best
be served if the lands were returned to private ownership.
new text end

Sec. 10. new text beginPUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC
WATER; WADENA COUNTY.
new text end

new text begin (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).
new text end

new text begin (b) The commissioner may make necessary changes to the legal description to correct
errors and ensure accuracy.
new text end

new text begin (c) The land that may be sold is located in Wadena County and is described as: the
Northeast Quarter of the Southwest Quarter of Section 26, Township 136 North, Range 34
West, Wadena County, Minnesota, except that part described as follows:
new text end

new text begin Beginning at the northeast corner of said Northeast Quarter of the Southwest Quarter;
thence West 10 rods; thence South 8 rods; thence East 10 rods; thence North 8 rods to
the point of beginning and there terminating.
new text end

new text begin (d) The land borders the Redeye River. The Department of Natural Resources has
determined that the land is not needed for natural resource purposes and that the state's land
management interests would best be served if the land were returned to private ownership.
new text end

Sec. 11. new text beginEFFECTIVE DATE.
new text end

new text begin Sections 1 to 10 are effective the day following final enactment.
new text end