Minnesota Legislature
HF 1014
as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
Current Version - as introduced
1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 2.1 2.2 2.3 2.4 2.5
2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17
2.18 2.19
A bill for an act
relating to transportation; modifying price of surplus easement or property
acquired for transportation purposes and offered for reconveyance to original
owner; amending Minnesota Statutes 2006, sections 161.43; 161.44, subdivision
2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2006, section 161.43, is amended to read:
161.43 RELINQUISHMENT OF HIGHWAY EASEMENT.
new text begin (a) new text end The commissioner of transportation may relinquish and quitclaim to the
fee owner an easement or portion of an easement owned but no longer needed by
the Transportation Department for trunk highway purposes, upon payment to the
Transportation Department of an amount of money equal to new text begin the lesser of (1) new text end the appraised
current market value of the easementnew text begin , or (2) the amount paid to the fee owner for
acquisition of the easement, without interestnew text end .
new text begin (b) new text end If the fee owner refuses to pay the required amount, or if after diligent search
the fee owner cannot be found, the commissioner may convey the easement to an agency
or to a political subdivision of the state upon terms and conditions agreed upon, or the
commissioner may acquire the fee title to the land underlying the easement in the manner
provided in section 161.20, subdivision 2. After acquisition of the fee title, the lands may
be sold to the highest responsible bidder upon three weeks' published notice of the sale
in a newspaper or other periodical of general circulation in the county where the land is
located. All bids may be rejected and new bids received upon like publication. If the
lands remain unsold after being offered for sale to the highest bidder, the commissioner
may retain the services of a licensed real estate broker to find a buyer. The sale price
may be negotiated by the broker, but must not be less than 90 percent of the appraised
market value as determined by the commissioner. The broker's fee must be established
by prior agreement between the commissioner and the broker, and must not exceed ten
percent of the sale price for sales of $10,000 or more. The broker's fee must be paid to
the broker from the proceeds of the sale.
Sec. 2.
Minnesota Statutes 2006, section 161.44, subdivision 2, is amended to read:
Subd. 2.
Reconveyance; remainder owned by vendor or surviving spouse.
If the
lands were part of a larger tract and the remainder of the tract is still owned by the person
or the person's surviving spouse from whom the lands were acquired, or if the lands
constituted an entire tract, the lands must first be offered for reconveyance to the previous
owner or the owner's surviving spouse. When lands are offered for reconveyance, the
amount of money to be repaid for those lands must be new text begin the lesser of (1) new text end the appraised
current market value of the lands to be reconveyednew text begin , or (2) the amount paid to the owner
for acquisition, without interestnew text end . The offer must be made by certified mail addressed
to the person at the person's last known address. The person or the person's surviving
spouse shall have 60 days from the date of mailing the offer to accept and to tender to the
commissioner the required sum of money.
Sec. 3. new text begin EFFECTIVE DATE.
new text end
new text begin
Sections 1 and 2 are effective July 1, 2008.
new text end