HF 2228

as introduced - 87th Legislature (2011 - 2012) Posted on 02/16/2012 01:09pm

A bill for an act
relating to natural resources; prohibiting commissioner of natural resources from
purchasing land at more than 20 percent above estimated market value; amending
Minnesota Statutes 2010, section 84.0272, subdivision 1.

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

Section 1.

Minnesota Statutes 2010, section 84.0272, subdivision 1, is amended to read:

Subdivision 1.

Acquisition procedure.

When the commissioner of natural
resources is authorized to acquire lands or interests in lands the procedure set forth in
this section shall apply. The commissioner of natural resources shall first prepare a fact
sheet showing the lands to be acquired, the legal authority for their acquisition, and the
qualities of the land that make it a desirable acquisition. The commissioner of natural
resources shall deleted text begin cause deleted text end new text begin appraise the lands or contract to have new text end the lands deleted text begin to be deleted text end appraised. An
appraiser shall before entering upon the duties of office take and subscribe an oath to
faithfully and impartially discharge the duties as appraiser according to the best of the
appraiser's ability and that the appraiser is not interested directly or indirectly in any of the
lands to be appraised or the timber or improvements thereon or in the sale thereof and
has entered into no agreement or combination to purchase the same or any part thereof,
which oath shall be attached to the report of the appraisal. The commissioner of natural
resources may pay less than the appraised value, but shall not agree to pay more than deleted text begin ten deleted text end new text begin
20 new text end percent above the deleted text begin appraised deleted text end new text begin county assessor's estimated market new text end value, deleted text begin except that if
the commissioner pays less than the appraised value for a parcel of land, the difference
between the purchase price and the appraised value may be used to apply to purchases at
more than the appraised value. The sum of accumulated differences between appraised
amounts and purchases for more than the appraised amount may not exceed the sum
of accumulated differences between appraised amounts and purchases for less than the
appraised amount deleted text end new text begin unless the commissioner determines that the acquisition is a high
priority because the land is adjacent to other public land, would conserve a high degree of
biological diversity, or is otherwise a high priority for the department. The commissioner
shall document the reason for the determination in writing new text end . New appraisals may be made
at the discretion of the commissioner of natural resources.