HF 3616

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to state lands; requiring an inventory of 
  1.3             state-owned land; prohibiting any net increase in the 
  1.4             acreage of state-owned land; modifying disposition of 
  1.5             certain fees from the sale of tax-forfeited lands; 
  1.6             amending Minnesota Statutes 2000, sections 282.09, 
  1.7             subdivision 1; 282.36; proposing coding for new law in 
  1.8             Minnesota Statutes, chapter 16B. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  [16B.245] [INVENTORY OF STATE-OWNED LAND; NO 
  1.11  NET INCREASE.] 
  1.12     Subdivision 1.  [DEFINITIONS.] For the purposes of this 
  1.13  section, "state-owned land" means land, with or without 
  1.14  improvements upon it, for which the state owns fee title.  It 
  1.15  does not include: 
  1.16     (1) land held in trust by the state for a political 
  1.17  subdivision of the state; 
  1.18     (2) permanent school trust fund lands; 
  1.19     (3) university trust fund lands; or 
  1.20     (4) mineral interests. 
  1.21     Subd. 2.  [INVENTORY.] The commissioner of administration 
  1.22  must inventory all state-owned land and determine the number of 
  1.23  acres owned by the state as of December 31, 2002.  Thereafter 
  1.24  the commissioner must maintain an inventory of state-owned land 
  1.25  and for each parcel, identify the state agency responsible for 
  1.26  the parcel, its location, size, and use, and any restrictions on 
  1.27  transfer of ownership.  Each state agency must cooperate and 
  2.1   provide to the commissioner of administration information on 
  2.2   state-owned lands under the agency's management. 
  2.3      Subd. 3.  [NO NET INCREASE.] After December 31, 2002, the 
  2.4   state must not acquire fee title to any land unless the state 
  2.5   declares an equal amount of state-owned land surplus and sells 
  2.6   the surplus land as provided in sections 94.09 to 94.16.  The 
  2.7   proceeds of the sale of any interest in state-owned land must be 
  2.8   deposited in the land acquisition account established in section 
  2.9   94.165. 
  2.10     Sec. 2.  Minnesota Statutes 2000, section 282.09, 
  2.11  subdivision 1, is amended to read: 
  2.12     Subdivision 1.  [MONEY PLACED IN FUND; FEES AND 
  2.13  DISBURSEMENTS.] The county auditor and county treasurer shall 
  2.14  place all money received through the operation of sections 
  2.15  282.01 to 282.13 in a fund to be known as the forfeited tax sale 
  2.16  fund, and all disbursements and costs must be charged against 
  2.17  that fund, when allowed by the county board.  Members of the 
  2.18  county board may be paid a per diem pursuant to section 375.055, 
  2.19  subdivision 1, and reimbursed for their necessary expenses, and 
  2.20  may receive mileage as fixed by law.  The amount of compensation 
  2.21  of a land commissioner and assistants, if a land commissioner is 
  2.22  appointed, must be determined by the county board.  The county 
  2.23  auditor must receive 50 cents for each certificate of sale, each 
  2.24  contract for deed and each lease executed by the auditor, and, 
  2.25  in counties where no land commissioner is appointed, additional 
  2.26  annual compensation, not exceeding $300, as fixed by the county 
  2.27  board.  The amount of compensation of any other clerical help 
  2.28  needed by the county auditor or land commissioner must be 
  2.29  determined by the county board.  All compensation provided for 
  2.30  in this subdivision is in addition to other compensation allowed 
  2.31  by law.  Fees so charged in addition to the fee imposed in 
  2.32  section 282.014 must be included in the annual settlement by the 
  2.33  county auditor as hereinafter provided.  On or before February 1 
  2.34  each year, the commissioner of revenue shall certify to the 
  2.35  commissioner of finance, by counties, the total number of state 
  2.36  deeds issued and reissued during the preceding calendar year for 
  3.1   which such fees are charged and the total amount of fees.  On or 
  3.2   before March 1 each year, each county shall remit to the 
  3.3   commissioner of revenue, from the forfeited tax sale fund, the 
  3.4   aggregate amount of the fees imposed by section 282.014 in the 
  3.5   preceding calendar year.  The commissioner of revenue shall 
  3.6   deposit the amounts received in the state treasury to the credit 
  3.7   of the general fund land acquisition account.  When 
  3.8   disbursements are made from the fund for repairs, refunds, 
  3.9   expenses of actions to quiet title, or any other purpose which 
  3.10  particularly affects specific parcels of forfeited lands, the 
  3.11  amount of the disbursements must be charged to the forfeited tax 
  3.12  sale fund.  The county auditor shall make an annual settlement 
  3.13  of the net proceeds received from sales and rentals by the 
  3.14  operation of sections 282.01 to 282.13, on the settlement day 
  3.15  determined in section 276.09, for the preceding calendar year. 
  3.16     Sec. 3.  Minnesota Statutes 2000, section 282.36, is 
  3.17  amended to read: 
  3.18     282.36 [FEES PAYABLE BY REPURCHASER.] 
  3.19     Any person repurchasing land after forfeiture to the state 
  3.20  for nonpayment of taxes under the provisions of a repurchase law 
  3.21  shall at the time the certificate of repurchase is issued and 
  3.22  recorded by the county auditor or before receiving quitclaim 
  3.23  deed pursuant thereto, pay to the county treasurer a fee in an 
  3.24  amount equal to the fee provided in section 282.014.  Fees so 
  3.25  collected during any calendar year shall be credited to a 
  3.26  special fund and, upon a warrant issued by the county auditor on 
  3.27  or before March 1 of the year following, shall be remitted to 
  3.28  the commissioner of revenue and credited to the general fund 
  3.29  land acquisition account.  The commissioner of revenue shall, on 
  3.30  or before February 1 in each year, certify to the commissioner 
  3.31  of finance the number of deeds issued during the preceding 
  3.32  calendar year to which these fees apply, showing by counties the 
  3.33  number of deeds so issued and the total fees due therefor.  This 
  3.34  section shall not apply to repurchases made under any law 
  3.35  enacted prior to January 1, 1945.