HF 3025

as introduced - 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             authorizing public and private sales of certain state 
  1.7             land in Big Stone, Kandiyohi, Itasca, Morrison, and 
  1.8             Scott counties; appropriating money; amending 
  1.9             Minnesota Statutes 2000, sections 84.0272; 394.36, by 
  1.10            adding a subdivision; 462.357, by adding a subdivision.
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  Minnesota Statutes 2000, section 84.0272, is 
  1.13  amended to read: 
  1.14     84.0272 [PROCEDURE IN ACQUIRING LANDS.] 
  1.15     Subdivision 1.  [ACQUISITION PROCEDURE.] When the 
  1.16  commissioner of natural resources is authorized to acquire lands 
  1.17  or interests in lands the procedure set forth in this section 
  1.18  shall apply.  The commissioner of natural resources shall first 
  1.19  prepare a fact sheet showing the lands to be acquired, the legal 
  1.20  authority for their acquisition, and the qualities of the land 
  1.21  that make it a desirable acquisition.  The commissioner of 
  1.22  natural resources shall cause the lands to be appraised.  An 
  1.23  appraiser shall before entering upon the duties of office take 
  1.24  and subscribe an oath to faithfully and impartially discharge 
  1.25  the duties as appraiser according to the best of the appraiser's 
  1.26  ability and that the appraiser is not interested directly or 
  1.27  indirectly in any of the lands to be appraised or the timber or 
  1.28  improvements thereon or in the sale thereof and has entered into 
  2.1   no agreement or combination to purchase the same or any part 
  2.2   thereof, which oath shall be attached to the report of the 
  2.3   appraisal.  The commissioner of natural resources may pay less 
  2.4   than the appraised value, but shall not agree to pay more than 
  2.5   ten percent above the appraised value, except that if the 
  2.6   commissioner pays less than the appraised value for a parcel of 
  2.7   land, the difference between the purchase price and the 
  2.8   appraised value may be used to apply to purchases at more than 
  2.9   the appraised value.  The sum of accumulated differences between 
  2.10  appraised amounts and purchases for more than the appraised 
  2.11  amount may not exceed the sum of accumulated differences between 
  2.12  appraised amounts and purchases for less than the appraised 
  2.13  amount.  New appraisals may be made at the discretion of the 
  2.14  commissioner of natural resources. 
  2.15     Subd. 2.  [STREAM EASEMENTS.] (a) Notwithstanding 
  2.16  subdivision 1, the commissioner may acquire permanent stream 
  2.17  easements for angler access, fish management, and habitat work 
  2.18  for a one-time payment based on a value attributed to both the 
  2.19  stream and the easement corridor.  The payment shall equal: 
  2.20     (1) the per linear foot of stream within the easement 
  2.21  corridor times $5; plus 
  2.22     (2) the easement corridor acres times the estimated market 
  2.23  value. 
  2.24     (b) The estimated market value is equal to: 
  2.25     (1) the total farm market value plus the timberlands value; 
  2.26  divided by 
  2.27     (2) the acres of deeded farmland plus the acres of timber. 
  2.28     (c) The total farm market value, timberlands value, acres 
  2.29  of deeded farmland, and acres of timber are determined from data 
  2.30  collected by the department of revenue during its annual spring 
  2.31  mini abstract survey.  The commissioner must use the most recent 
  2.32  available data for the city or township within which the 
  2.33  easement corridor is located. 
  2.34     Sec. 2.  Minnesota Statutes 2000, section 394.36, is 
  2.35  amended by adding a subdivision to read: 
  2.36     Subd. 1a.  [SUBSTANDARD STRUCTURES.] Notwithstanding 
  3.1   subdivision 1, Minnesota Rules, parts 6105.0351 to 6105.0550, 
  3.2   may allow for the continuation and improvement of substandard 
  3.3   structures, as defined in Minnesota Rules, part 6105.0354, 
  3.4   subpart 30, in the Lower Saint Croix National Scenic Riverway. 
  3.5      Sec. 3.  Minnesota Statutes 2000, section 462.357, is 
  3.6   amended by adding a subdivision to read: 
  3.7      Subd. 1f.  [SUBSTANDARD STRUCTURES.] Notwithstanding 
  3.8   subdivision 1e, Minnesota Rules, parts 6105.0351 to 6105.0550, 
  3.9   may allow for the continuation and improvement of substandard 
  3.10  structures, as defined in Minnesota Rules, part 6105.0354, 
  3.11  subpart 30, in the Lower Saint Croix National Scenic Riverway. 
  3.12     Sec. 4.  [ADDITIONS TO CROW WING STATE PARK.] 
  3.13     [85.012] [Subd. 14.] [CROW WING STATE PARK, CROW WING, 
  3.14  CASS, AND MORRISON COUNTIES.] The following areas are added to 
  3.15  Crow Wing state park, Crow Wing county:  
  3.16     (1) all of Government Lots 1 and 2 of Section 7; all of 
  3.17  Government Lots 1, 2, and 4, the Southwest Quarter of the 
  3.18  Southwest Quarter, and the Southwest Quarter of the Southeast 
  3.19  Quarter of Section 8; that part of Government Lot 4 lying west 
  3.20  of Highway 371 and that part of the West Half of the Southwest 
  3.21  Quarter lying west of Highway 371 of Section 9; and all of 
  3.22  Government Lots 2 and 3 of Section 18; all in Township 44 North, 
  3.23  Range 31 West; 
  3.24     (2) that part of the Southeast Quarter of the Southeast 
  3.25  Quarter, the Northeast Quarter of the Southeast Quarter, and 
  3.26  Government Lot 1, lying south, west, and north of the following 
  3.27  described line:  Beginning at the southeast corner of said 
  3.28  Section 13; thence North, assumed bearing, 66.00 feet along the 
  3.29  east line of said Section 13 to Point "A"; thence North 89 
  3.30  degrees 01 minutes 00 seconds West 367.23 feet; thence 
  3.31  northwesterly 1335.72 feet along a non-tangential curve concave 
  3.32  to the northeast, radius 4837.27 feet, central angle 15 degrees 
  3.33  49 minutes 16 seconds, the chord of which bears North 41 degrees 
  3.34  45 minutes 20 seconds West; thence North, not tangent to the 
  3.35  last described curve, 817.82 feet; thence northeasterly 650.80 
  3.36  feet along a non-tangential curve concave to the southeast, 
  4.1   radius 1230.00 feet, central angle 30 degrees 18 minutes 56 
  4.2   seconds the chord of which bears North 36 degrees 50 minutes 32 
  4.3   seconds East to Point "B"; thence East 868.26 feet, more or 
  4.4   less, to the east line of said Northeast Quarter of the 
  4.5   Southeast Quarter and there terminating of Section 13; and the 
  4.6   East Half of the Northeast Quarter and the East Half of the 
  4.7   Southeast Quarter of Section 24; all in Township 44 North, Range 
  4.8   32 West; and 
  4.9      (3) Government Lot 3 of Section 27, Township 133 North, 
  4.10  Range 29 West. 
  4.11     Sec. 5.  [DELETIONS FROM BIG STONE LAKE STATE PARK.] 
  4.12     [85.012] [Subd. 6.] [BIG STONE LAKE STATE PARK, BIG STONE 
  4.13  COUNTY.] The following areas are deleted from Big Stone Lake 
  4.14  state park, Big Stone county: 
  4.15     All those parts of Lots 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 
  4.16  13, 14, 15, 16, 17, 18, and 19 of the plat SECOND ADDITION TO 
  4.17  SUNSET VIEW, according to the plat on file and of record in the 
  4.18  office of the recorder of Big Stone county, Minnesota, being in 
  4.19  Government Lot 1, Section 13, Township 122 North, Range 47 West; 
  4.20  and that part of Government Lot 1, Section 13, Township 122 
  4.21  North, Range 47 West, Big Stone county, Minnesota, being a strip 
  4.22  of land 80 feet in width lying northerly of the plat SECOND 
  4.23  ADDITION TO SUNSET VIEW, according to the plat on file and of 
  4.24  record in the office of the recorder for Big Stone county, 
  4.25  Minnesota, the southerly line of said strip is coincident with 
  4.26  the northerly lines of Lots 3 through 19, inclusive, of said 
  4.27  plat, the westerly boundary of said strip being the northerly 
  4.28  extension of the west line of Lot 19 of said plat. 
  4.29     Sec. 6.  [DELETIONS FROM CUYUNA COUNTRY STATE RECREATION 
  4.30  AREA.] 
  4.31     [85.013] [Subd. 5c.] [CUYUNA COUNTRY STATE RECREATION AREA, 
  4.32  CROW WING COUNTY.] 
  4.33     The following area is deleted from Cuyuna Country state 
  4.34  recreation area, Crow Wing county:  Government Lots 1 and 5 of 
  4.35  Section 4, Township 46 North, Range 29 West. 
  4.36     Sec. 7.  [PRIVATE SALE OF SURPLUS STATE LAND; BIG STONE 
  5.1   COUNTY.] 
  5.2      (a) Notwithstanding Minnesota Statutes, sections 94.09 and 
  5.3   94.10, the commissioner of natural resources may sell by private 
  5.4   sale to the township of Prior the surplus land that is described 
  5.5   in paragraph (c). 
  5.6      (b) The conveyance must be in a form approved by the 
  5.7   attorney general and may be for consideration less than the 
  5.8   appraised value of the land.  The conveyance shall include a 
  5.9   restriction on the use of the land to allow only utility use and 
  5.10  prohibit all other permanent structures. 
  5.11     (c) The land to be sold is located in Big Stone county and 
  5.12  is described as:  That part of Government Lot 1, Section 13, 
  5.13  Township 122 North, Range 47 West, Big Stone county, Minnesota, 
  5.14  being a strip of land 80 feet in width lying northerly of the 
  5.15  plat SECOND ADDITION TO SUNSET VIEW, according to the plat on 
  5.16  file and of record in the office of the recorder for Big Stone 
  5.17  county, Minnesota, the southerly line of said strip is 
  5.18  coincident with the northerly lines of Lots 3 through 19, 
  5.19  inclusive, of said plat, the westerly boundary of said strip 
  5.20  being the northerly extension of the west line of Lot 19 of said 
  5.21  plat.  EXCEPTING therefrom the south 30 feet thereof.  
  5.22     (d) The commissioner has determined that the land is no 
  5.23  longer needed for any natural resource purpose and that the 
  5.24  state's land management interests would best be served if the 
  5.25  land was sold to the township of Prior to allow for upgrading 
  5.26  the septic systems and other utilities in the area. 
  5.27     Sec. 8.  [PRIVATE OR PUBLIC SALE OF SURPLUS STATE LAND 
  5.28  BORDERING PUBLIC WATER; KANDIYOHI COUNTY.] 
  5.29     (a) Notwithstanding Minnesota Statutes, sections 92.45, 
  5.30  94.09, and 94.10, the commissioner of natural resources may sell 
  5.31  the surplus land and buildings bordering on public waters that 
  5.32  are described in paragraph (c) to the city of New London; or 
  5.33  notwithstanding Minnesota Statutes, sections 92.45, 94.09, and 
  5.34  94.10, the commissioner of natural resources may sell by public 
  5.35  sale the surplus land and buildings bordering on public waters 
  5.36  that are described in paragraph (c). 
  6.1      (b) The sale must be in a form approved by the attorney 
  6.2   general for consideration no less than the appraised value of 
  6.3   the land and buildings.  The sale shall reserve to the state an 
  6.4   easement along the Crow river to ensure public access and access 
  6.5   for dam management and maintenance at the outlet of the mill 
  6.6   pond known as Mud lake. 
  6.7      (c) The land to be sold is located in Kandiyohi county and 
  6.8   is described as: 
  6.9      All of Lots 9, 10, 11, 12, and 13 and that part of Lot 14 
  6.10  otherwise described as the Mill Lot lying north and east of the 
  6.11  Crow river, all being in Block 8 within the city of New London, 
  6.12  Minnesota, excepting therefrom the following three parcels: 
  6.13     (1) commencing at a point on the west line of Lot 8, Block 
  6.14  8 in the village of New London, 16-2/3 feet North of the 
  6.15  southwest corner of said Lot 8; running thence easterly on a 
  6.16  line parallel to the south line of said Lot 8, 100 feet to the 
  6.17  west line of Main Street; thence southerly on west line of Main 
  6.18  Street to a point, 50 feet; thence westerly on a line parallel 
  6.19  to the south line of said Lot 8 to a point, 70 feet; thence 
  6.20  northwesterly to the PLACE OF BEGINNING; 
  6.21     (2) commencing at a point 16 feet West from the northwest 
  6.22  corner of Lot 1, Block 8 of the village of New London; thence 
  6.23  120 feet South parallel with the west line of Lots 1, 2, 3, 4, 
  6.24  5, and 6; thence West to the bank of the Crow river; thence 
  6.25  along said bank of the Crow river to a point intersecting with a 
  6.26  line drawn North and South from a point, 100 feet West of the 
  6.27  PLACE OF BEGINNING; thence North to the north line of Block 8; 
  6.28  thence East to the PLACE OF BEGINNING; and 
  6.29     (3) commencing at a point on the north line of Block 8, 220 
  6.30  feet West of the northeast corner of said Block 8; thence West 
  6.31  50 feet; thence South 30 feet; thence southeasterly to a point 
  6.32  which is 50 feet South of the PLACE OF BEGINNING; thence due 
  6.33  North 50 feet to the PLACE OF BEGINNING. 
  6.34     The above described tract contains 0.46 acres to be sold. 
  6.35     (d) The commissioner has determined that the land is no 
  6.36  longer needed for any natural resource purpose other than 
  7.1   easement access for dam maintenance and that the state's land 
  7.2   management interests would best be served if the land was sold 
  7.3   by public sale or sold to the city of New London. 
  7.4      Sec. 9.  [PUBLIC SALE OF TRUST FUND LAND BORDERING PUBLIC 
  7.5   WATER; ITASCA COUNTY.] 
  7.6      (a) Notwithstanding Minnesota Statutes, section 92.45, the 
  7.7   commissioner of natural resources may sell by public sale the 
  7.8   school trust fund land bordering public water that is described 
  7.9   in paragraph (c), under the remaining provisions in Minnesota 
  7.10  Statutes, chapter 92. 
  7.11     (b) The conveyance shall be in a form approved by the 
  7.12  attorney general for consideration no less than the appraised 
  7.13  value of the land.  The attorney general may make necessary 
  7.14  changes to the legal description to correct errors and ensure 
  7.15  accuracy. 
  7.16     (c) The land that may be sold is located in Itasca county 
  7.17  and is described as follows:  Lot 6, Block 1 of Little Island 
  7.18  Lake Leased homesites, located in Government Lot 9, Section 16, 
  7.19  Township 58 North, Range 25 West. 
  7.20     (d) The commissioner has determined that the land is no 
  7.21  longer needed for any natural resource purpose and that the 
  7.22  state's land management interests would best be served if the 
  7.23  land was sold. 
  7.24     Sec. 10.  [PRIVATE SALE OF SURPLUS STATE LAND; MORRISON 
  7.25  COUNTY.] 
  7.26     (a) Notwithstanding Minnesota Statutes, sections 94.09 and 
  7.27  94.10, the commissioner of natural resources may sell by private 
  7.28  sale the surplus land that is described in paragraph (c). 
  7.29     (b) The conveyance must be in a form approved by the 
  7.30  attorney general for consideration no less than the appraised 
  7.31  value of the land.  The attorney general may make necessary 
  7.32  changes to the legal description to correct errors and ensure 
  7.33  accuracy. 
  7.34     (c) The land to be sold is located in Morrison county and 
  7.35  is described as:  the South 33 feet of the Northwest Quarter of 
  7.36  the Southeast Quarter, the West 33 feet of Government Lot 2, and 
  8.1   the South 33 feet of the West 33 feet of the Northeast Quarter 
  8.2   of the Southeast Quarter, all in Section 11, Township 132 North, 
  8.3   Range 31 West. 
  8.4      (d) The commissioner has determined that the land is no 
  8.5   longer needed for any natural resource purpose and that the 
  8.6   state's land management interests would best be served if the 
  8.7   land was returned to private ownership. 
  8.8      Sec. 11.  [PUBLIC SALE OF STATE WILDLIFE MANAGEMENT AREA 
  8.9   LAND BORDERING PUBLIC WATERS; SCOTT COUNTY.] 
  8.10     (a) Notwithstanding Minnesota Statutes, section 92.45, the 
  8.11  commissioner of natural resources may sell the wildlife 
  8.12  management area land bordering public waters described in 
  8.13  paragraph (e) by public sale according to Minnesota Statutes, 
  8.14  section 97A.135, subdivision 2a. 
  8.15     (b) The conveyance shall be in a form approved by the 
  8.16  attorney general for consideration of no less than the appraised 
  8.17  value of the land. 
  8.18     (c) The deed must contain a restrictive covenant that 
  8.19  prohibits altering, disturbing vegetation in, draining, filling, 
  8.20  or placing any material or structure of any kind on or in the 
  8.21  existing wetland area located on the land; prohibits any run-off 
  8.22  from other lands or buildings into said wetland; and prohibits 
  8.23  diverting or appropriating water from said wetland. 
  8.24     (d) The consideration received for the conveyance shall be 
  8.25  deposited in the state treasury and credited to the wildlife 
  8.26  acquisition account in the game and fish fund.  The money is 
  8.27  appropriated to the commissioner of natural resources for 
  8.28  wildlife land acquisition purposes. 
  8.29     (e) The land that may be sold is in the Prior Lake wildlife 
  8.30  management area in Scott county and is described as: 
  8.31     The East 1200 feet of the South 800 feet of the Southwest 
  8.32     Quarter of the Southeast Quarter of Section 22, Township 
  8.33     115 North, Range 22 West.  Including the abandoned 
  8.34     right-of-way of the Chicago, Milwaukee, St. Paul and 
  8.35     Pacific Railroad Company (formerly the Hastings and Dakota 
  8.36     Railway Company).  Containing 22 acres, more or less. 
  9.1      (f) This land no longer fits into the state wildlife 
  9.2   management area system because of hunting limitations, its small 
  9.3   size, and future development planned for the area.  Proceeds 
  9.4   from the sale will be used to purchase lands more suitable for 
  9.5   wildlife management and public use.