1.1 A bill for an act
1.2 relating to natural resources; modifying provisions
1.3 for the sale and disposition of surplus state lands;
1.4 modifying certain state land management provisions;
1.5 authorizing and describing certain state land sales;
1.6 modifying certain water level controls; adding to and
1.7 deleting from state parks, forests, and wildlife
1.8 management areas; establishing Greenleaf Lake State
1.9 Park; appropriating money; amending Minnesota Statutes
1.10 2002, sections 15.054; 84.0272, by adding
1.11 subdivisions; 84.033; 85.015, subdivision 1; 86A.05,
1.12 subdivision 14; 89.01, by adding a subdivision; 92.02;
1.13 92.03; 92.04; 92.06, subdivisions 1, 2, 4, 5, by
1.14 adding a subdivision; 92.08; 92.10, subdivision 2;
1.15 92.12, subdivisions 1, 2, 4, 5; 92.121; 92.14,
1.16 subdivision 1; 92.16, by adding a subdivision; 92.28;
1.17 92.29; 92.321, subdivision 1; 94.09, subdivisions 1,
1.18 3; 94.10; 94.11; 94.12; 94.13; 94.16, subdivision 2;
1.19 164.08, subdivision 2; 282.01, subdivision 3;
1.20 Minnesota Statutes 2003 Supplement, sections 525.161;
1.21 525.841; Laws 1997, chapter 216, section 151; Laws
1.22 1999, chapter 161, section 31, subdivision 3; Laws
1.23 1999, chapter 161, section 31, subdivision 5; Laws
1.24 1999, chapter 161, section 31, subdivision 8; Laws
1.25 2003, First Special Session chapter 13, section 6;
1.26 Laws 2003, First Special Session chapter 13, section
1.27 16; proposing coding for new law in Minnesota
1.28 Statutes, chapters 16B; 92; 103G; repealing Minnesota
1.29 Statutes 2002, sections 92.09; 92.11; 94.09,
1.30 subdivisions 2, 4, 5, 6.
1.31 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.32 ARTICLE 1
1.33 SALE AND DISPOSITION OF SURPLUS LANDS
1.34 Section 1. Minnesota Statutes 2002, section 15.054, is
1.35 amended to read:
1.36 15.054 [PUBLIC EMPLOYEES NOT TO PURCHASE MERCHANDISE FROM
1.37 GOVERNMENTAL AGENCIES; EXCEPTIONS; PENALTY.]
1.38 No officer or employee of the state or any of its political
2.1 subdivisions shall sell or procure for sale or possess or
2.2 control for sale to any other officer or employee of the state
2.3 or subdivision, as appropriate, any property or materials owned
2.4 by the state or subdivision except pursuant to conditions
2.5 provided in this section. Property or materials owned by the
2.6 state or a subdivision, except real property, and not needed for
2.7 public purposes, may be sold to an employee of the state or
2.8 subdivision after reasonable public notice at a public auction
2.9 or by sealed response, if the employee is not directly involved
2.10 in the auction or process pertaining to the administration and
2.11 collection of sealed responses. Requirements for reasonable
2.12 public notice may be prescribed by other law or ordinance so
2.13 long as at least one week's published notice is specified. An
2.14 employee of the state or a political subdivision may purchase no
2.15 more than one motor vehicle from the state in any 12-month
2.16 period. A person violating the provisions of this section is
2.17 guilty of a misdemeanor. This section shall not apply to the
2.18 sale of property or materials acquired or produced by the state
2.19 or subdivision for sale to the general public in the ordinary
2.20 course of business. Nothing in this section shall prohibit an
2.21 employee of the state or a political subdivision from selling or
2.22 possessing for sale public property if the sale or possession
2.23 for sale is in the ordinary course of business or normal course
2.24 of the employee's duties.
2.25 Sec. 2. [16B.281] [SALE AND DISPOSITION OF SURPLUS
2.26 STATE-OWNED LAND.]
2.27 Subdivision 1. [APPLICABILITY.] All tracts or lots of real
2.28 property belonging to the state or that may hereafter accrue to
2.29 the state, including tracts or lots that have escheated to the
2.30 state, may be disposed of according to sections 16B.281 to
2.31 16B.287. Sections 16B.281 to 16B.287 do not apply to school or
2.32 other trust fund lands belonging to the state, or that may
2.33 hereafter accrue to the state, under and by virtue of any act of
2.34 Congress or to any other state-owned lands the sale or
2.35 disposition of which is provided for under sections 94.09 to
2.36 94.16 or other law.
3.1 Subd. 2. [CERTIFICATION REQUIRED.] On or before July 1 of
3.2 each year, the head of each department or agency having control
3.3 and supervision over any state-owned land, the sale or
3.4 disposition of which is not otherwise provided for by law, shall
3.5 certify in writing to the commissioner whether there is any
3.6 state-owned land under control and supervision of that
3.7 department or agency that is no longer needed. If the
3.8 certification discloses lands no longer needed for a department
3.9 or agency, the head of the department or agency shall include in
3.10 the certification a description of the lands and the reasons why
3.11 the lands are no longer needed.
3.12 Subd. 3. [NOTICE TO AGENCIES; DETERMINATION OF
3.13 SURPLUS.] On or before October 1 of each year, the commissioner
3.14 shall review the certifications of heads of each department or
3.15 agency provided for in this section. The commissioner shall
3.16 send written notice to all state departments, agencies, and the
3.17 University of Minnesota describing any lands or tracts that may
3.18 be declared surplus. If a department or agency or the
3.19 University of Minnesota desires custody of the lands or tracts,
3.20 it shall submit a written request to the commissioner, no later
3.21 than four calendar weeks after mailing of the notice, setting
3.22 forth in detail its reasons for desiring to acquire and its
3.23 intended use of the land or tract. The commissioner shall then
3.24 determine whether any of the lands described in the
3.25 certifications of the heads of the departments or agencies
3.26 should be declared surplus and offered for sale or otherwise
3.27 disposed of by transferring custodial control to other
3.28 requesting state departments or agencies or to the Board of
3.29 Regents of the University of Minnesota for educational purposes,
3.30 provided however that transfer to the Board of Regents shall not
3.31 be determinative of tax exemption or immunity. If the
3.32 commissioner determines that any of the lands are no longer
3.33 needed for state purposes, the commissioner shall make findings
3.34 of fact, describe the lands, declare the lands to be surplus
3.35 state land, state the reasons for the sale or disposition of the
3.36 lands, and notify the Executive Council of the determination.
4.1 Subd. 4. [EXECUTIVE COUNCIL APPROVAL.] Within 60 days
4.2 after the receipt of the notification from the commissioner, the
4.3 Executive Council shall approve or disapprove the commissioner's
4.4 determinations. If the determinations are approved, the lands
4.5 shall be offered for sale or otherwise disposed of as provided
4.6 for in sections 16B.281 to 16B.287. If the Executive Council
4.7 disapproves the determinations, the same determinations
4.8 regarding the surplus lands may not be resubmitted to the
4.9 Executive Council until at least six months after the date of
4.10 the disapproval.
4.11 Subd. 5. [REPORT REQUIRED.] On or before November 15 of
4.12 each even-numbered year, the commissioner shall report to the
4.13 governor and the legislature the following information for the
4.14 two-year period immediately preceding:
4.15 (1) the lands that state departments and agencies have
4.16 certified as no longer needed;
4.17 (2) the lands that have been determined to be no longer
4.18 needed for state purposes, regarding which the Executive Council
4.19 has been formally notified; and
4.20 (3) the lands that have been publicly sold.
4.21 Subd. 6. [MAINTENANCE OF LAND BEFORE SALE.] The state
4.22 department or agency holding custodial control shall maintain
4.23 the state-owned lands until the lands are sold or otherwise
4.24 disposed of as provided for in sections 16B.281 to 16B.287.
4.25 Sec. 3. [16B.282] [SURVEYS, APPRAISALS, AND SALE.]
4.26 Subdivision 1. [APPRAISAL; NOTICE AND OFFER TO PUBLIC
4.27 BODIES.] (a) Before offering any surplus state-owned lands for
4.28 sale, the commissioner may survey the lands and, if the value of
4.29 the lands is estimated to be $40,000 or less, may have the lands
4.30 appraised. The commissioner shall have the lands appraised if
4.31 the estimated value is in excess of $40,000.
4.32 (b) The appraiser shall, before entering upon the duties of
4.33 the office, take and subscribe an oath that the appraiser will
4.34 faithfully and impartially discharge the duties of appraiser
4.35 according to the best of the appraiser's ability and that the
4.36 appraiser is not interested, directly or indirectly, in any of
5.1 the lands to be appraised or the timber or improvements on the
5.2 lands or in the purchase of the lands, timber, or improvements
5.3 and has entered into no agreement or combination to purchase any
5.4 of the lands, timber, or improvements. The oath shall be
5.5 attached to the appraisal report.
5.6 (c) Before offering surplus state-owned lands for public
5.7 sale, the lands shall first be offered to the city, county,
5.8 town, school district, or other public body corporate or politic
5.9 in which the lands are situated for public purposes and the
5.10 lands may be sold for public purposes for not less than the
5.11 appraised value of the lands. To determine whether a public
5.12 body desires to purchase the surplus land, the commissioner
5.13 shall give a written notice to the governing body of each
5.14 political subdivision whose jurisdictional boundaries include or
5.15 are adjacent to the surplus land. If a public body desires to
5.16 purchase the surplus land, it shall submit a written offer to
5.17 the commissioner no later than two weeks after receipt of notice
5.18 setting forth in detail its reasons for desiring to acquire and
5.19 its intended use of the land. In the event that more than one
5.20 public body tenders an offer, the commissioner shall determine
5.21 which party shall receive the property and shall submit written
5.22 findings regarding the decision. If lands are offered for sale
5.23 for public purposes and if a public body notifies the
5.24 commissioner of its desire to acquire the lands, the public body
5.25 may have up to two years from the date of the accepted offer to
5.26 commence payment for the lands in the manner provided by law.
5.27 Subd. 2. [PUBLIC SALE REQUIREMENTS.] (a) Lands certified
5.28 as surplus by the head of a department or agency under section
5.29 16B.281 shall be offered for public sale by the commissioner as
5.30 provided in this subdivision. After complying with subdivision
5.31 1 and before any public sale of surplus state-owned land is
5.32 made, the commissioner shall publish a notice of the sale at
5.33 least once each week for four successive weeks in a legal
5.34 newspaper and also in a newspaper of general distribution in the
5.35 city or county in which the real property to be sold is
5.36 situated. The notice shall specify the time and place at which
6.1 the sale will commence, a general description of the lots or
6.2 tracts to be offered, and a general statement of the terms of
6.3 sale. Each tract or lot shall be sold separately and shall be
6.4 sold for no less than its appraised value.
6.5 (b) Parcels remaining unsold after the offering may be sold
6.6 to anyone agreeing to pay the appraised value. The sale shall
6.7 continue until all parcels are sold or until the commissioner
6.8 orders a reappraisal or withdraws the remaining parcels from
6.9 sale.
6.10 (c) Except as provided in section 16B.283, the cost of any
6.11 survey or appraisal as provided in subdivision 1 shall be added
6.12 to and made a part of the appraised value of the lands to be
6.13 sold, whether to any political subdivision of the state or to a
6.14 private purchaser as provided in this subdivision.
6.15 Sec. 4. [16B.283] [TERMS OF PAYMENT.]
6.16 No less than ten percent of the purchase price shall be
6.17 paid at the time of sale with the balance payable according to
6.18 this section. If the purchase price of any lot or parcel is
6.19 $5,000 or less, the balance shall be paid within 90 days of the
6.20 date of sale. If the purchase price of any lot or parcel is in
6.21 excess of $5,000, the balance shall be paid in equal annual
6.22 installments for no more than five years, at the option of the
6.23 purchaser, with principal and interest payable annually in
6.24 advance at a rate equal to the rate in effect at the time under
6.25 section 549.09 on the unpaid balance, payable to the state
6.26 treasury on or before June 1 each year. Any installment of
6.27 principal or interest may be prepaid.
6.28 Sec. 5. [16B.284] [CONTRACT FOR DEED AND QUITCLAIM DEED.]
6.29 In the event a purchaser elects to purchase surplus real
6.30 property on an installment basis, the commissioner shall enter
6.31 into a contract for deed with the purchaser, in which shall be
6.32 set forth the description of the real property sold and the
6.33 price of the property, the consideration paid and to be paid for
6.34 the property, the rate of interest, and time and terms of
6.35 payment. The contract for deed shall be made assignable and
6.36 shall further set forth that in case of the nonpayment of the
7.1 annual principal or interest payment due by the purchaser, or
7.2 any person claiming under the purchaser, then the contract for
7.3 deed, from the time of the failure, is entirely void and of no
7.4 effect and the state may be repossessed of the lot or tract and
7.5 may resell the lot or tract as provided in sections 16B.281 to
7.6 16B.287. In the event the terms and conditions of a contract
7.7 for deed are completely fulfilled or if a purchaser makes a
7.8 lump-sum payment for the subject property in lieu of entering
7.9 into a contract for deed, the commissioner shall sign and cause
7.10 to be issued a quitclaim deed on behalf of the state. The
7.11 quitclaim deed shall be in a form prescribed by the attorney
7.12 general and shall vest in the purchaser all of the state's
7.13 interest in the subject property except as provided in section
7.14 16B.286.
7.15 Sec. 6. [16B.285] [RECORD OF CONTRACTS FOR DEED AND
7.16 ASSIGNMENTS; EFFECT.]
7.17 (a) A contract for deed issued for land sold according to
7.18 sections 16B.281 to 16B.287, or any assignment thereof, executed
7.19 and acknowledged as provided by law for the execution and
7.20 acknowledgment of deeds, may be recorded in the office of the
7.21 county recorder of any county in the state in the same manner
7.22 and with like effect as deeds are therein recorded. The
7.23 contract for deed entitles the purchaser, or the heirs and
7.24 assigns of the purchaser, to the exclusive possession of the
7.25 land therein described, provided its terms have been in all
7.26 respects complied with, and the contract for deed and the record
7.27 thereof is conclusive evidence of title in the purchaser, or the
7.28 heirs and assigns of the purchaser, for all purposes and against
7.29 all persons, except the state of Minnesota in case of forfeiture.
7.30 (b) When a contract for deed or partial interest in a
7.31 contract for deed is assigned, the assignment must be made on a
7.32 form provided by the commissioner, executed by the assignor and
7.33 assignee, and consented to by the commissioner. An assignment
7.34 of a partial interest must state that payment to date has been
7.35 made to the commissioner.
7.36 (c) When the assignee satisfies the terms of the assignment
8.1 and corresponding terms of the contract for deed, the
8.2 commissioner shall issue a deed to the assignee.
8.3 Sec. 7. [16B.286] [RESERVATION OF MINERALS.]
8.4 The state reserves for its own use all the iron, coal,
8.5 copper, and other valuable minerals in or upon all lands that
8.6 may be sold under sections 16B.281 to 16B.287 and any contract
8.7 for deed or quitclaim deed shall contain a clause reserving all
8.8 such minerals for the use of the state.
8.9 Sec. 8. [16B.287] [DISPOSITION OF PROCEEDS FROM SURPLUS
8.10 STATE-OWNED LAND.]
8.11 Subdivision 1. [PAYMENT OF EXPENSES.] Money received from
8.12 the sale of surplus state-owned land according to sections
8.13 16B.281 to 16B.287 shall be credited to the general fund except
8.14 as provided in this section.
8.15 Subd. 2. [PAYMENT OF EXPENSES.] A portion of the proceeds
8.16 from the sale equal in amount to the survey, appraisal, legal,
8.17 advertising, and other expenses incurred by the commissioner or
8.18 other state official in rendering the property salable shall be
8.19 remitted to the account from which the expenses were paid and
8.20 are appropriated and immediately available for expenditure in
8.21 the same manner as other money in the account.
8.22 Sec. 9. Minnesota Statutes 2002, section 85.015,
8.23 subdivision 1, is amended to read:
8.24 Subdivision 1. [ACQUISITION.] (a) The commissioner of
8.25 natural resources shall establish, develop, maintain, and
8.26 operate the trails designated in this section. Each trail shall
8.27 have the purposes assigned to it in this section. The
8.28 commissioner of natural resources may acquire lands by gift or
8.29 purchase, in fee or easement, for the trail and facilities
8.30 related to the trail.
8.31 (b) Notwithstanding the offering to public entities,
8.32 referral to Executive Council, public sale, and related notice
8.33 and publication requirements of sections 94.09 to 94.165, the
8.34 commissioner of natural resources, in the name of the state, may
8.35 sell surplus lands not needed for trail purposes at private sale
8.36 to adjoining property owners and leaseholders. The conveyance
9.1 must be by quitclaim in a form approved by the attorney general
9.2 for a consideration not less than the appraised value.
9.3 Sec. 10. Minnesota Statutes 2002, section 89.01, is
9.4 amended by adding a subdivision to read:
9.5 Subd. 5a. [SALE OF STATE FOREST LAND.] Any state lands
9.6 included in areas set apart as state forests are eliminated from
9.7 the state forest upon sale under the provisions of sections
9.8 92.06 to 92.09 or 94.09 to 94.16.
9.9 Sec. 11. Minnesota Statutes 2002, section 92.02, is
9.10 amended to read:
9.11 92.02 [AUTHORITY.]
9.12 Sales under this chapter must be conducted by the
9.13 commissioner, a deputy of the commissioner, or a competent
9.14 person employed by the commissioner and bonded in a sum of at
9.15 least $10,000.
9.16 Sec. 12. Minnesota Statutes 2002, section 92.03, is
9.17 amended to read:
9.18 92.03 [MINIMUM PRICE OF LANDS.]
9.19 Subdivision 1. [SCHOOL LANDS.] The price of school lands
9.20 must be at least $5 an acre, including the value of timber
9.21 reproduction. Sales of school lands must be held within the
9.22 county containing the lands or an adjacent county. No more than
9.23 100,000 acres of school lands may be sold in one year. If a
9.24 patent has been issued by the federal government to school land
9.25 before 1864 and the taxes on it have been paid for at least 35
9.26 years, the commissioner of finance may reduce the minimum price
9.27 of $5 an acre by the taxes paid to make the land salable.
9.28 Subd. 2. [UNIVERSITY LANDS.] The price of lands donated to
9.29 the state by the United States by act of Congress entitled "An
9.30 act donating to the states of Minnesota and Oregon certain lands
9.31 reserved by Congress for the territories of Minnesota and
9.32 Oregon, for university purposes," approved March 2, 1861, and by
9.33 an act of Congress entitled "An act donating public lands to the
9.34 several states and territories which may provide colleges for
9.35 the benefit of agriculture and mechanic arts," approved July 2,
9.36 1862, must be at least $5 an acre, including the value of timber
10.1 reproduction. The director commissioner shall appraise these
10.2 lands or any part of them and sell them in accordance with this
10.3 chapter.
10.4 Subd. 4. [INTERNAL IMPROVEMENT LANDS.] Lands donated to
10.5 the state under the eighth section of an act of Congress
10.6 entitled "An act to appropriate the proceeds of the sales of the
10.7 public lands, and to grant preemption rights," approved
10.8 September 4, 1841, must be appraised and sold and the money
10.9 derived from its sale invested, as provided by the Minnesota
10.10 Constitution, article XI, section 8.
10.11 Sec. 13. Minnesota Statutes 2002, section 92.04, is
10.12 amended to read:
10.13 92.04 [MINIMUM PRICE OF CERTAIN STATE LANDS.]
10.14 Lands selected for state institutions under an act of the
10.15 legislature entitled "An act to appropriate swamp lands to
10.16 certain educational and charitable institutions and for the
10.17 purpose of creating a state prison," approved February 13, 1865,
10.18 and lands known as state capitol lands, must be appraised and
10.19 sold as school lands are sold. The price of lands belonging to
10.20 the state by virtue of the Congressional acts in this section
10.21 and section 92.03 must be at least $5 an acre, including the
10.22 value of timber reproduction. The terms of payment and
10.23 conditions of sale must be the same as now provided by law.
10.24 When state lands have been benefited by and assessments paid for
10.25 drainage, the drainage improvements must be considered by the
10.26 state land examiner in making appraisals. When the drained
10.27 lands are sold, the principal and interest paid on it must be
10.28 credited by the director commissioner to the proper fund to
10.29 which the land belongs.
10.30 Sec. 14. Minnesota Statutes 2002, section 92.06,
10.31 subdivision 1, is amended to read:
10.32 Subdivision 1. [TERMS FOR LAND SALES HELD BEFORE JULY 1,
10.33 2004.] (a) The terms of payment on the sale of state public
10.34 lands held before July 1, 2004, must be as follows: The
10.35 purchaser shall pay in cash at the time of sale the appraised
10.36 value of all timber and costs determined by the commissioner to
11.1 be associated with the sale including survey, appraisal,
11.2 publication, deed tax, filing fee, and similar costs. At least
11.3 15 percent of the purchase price of the land exclusive of timber
11.4 and associated costs must be paid in cash at the time of sale.
11.5 The balance of the purchase price must be paid in no more than
11.6 20 equal annual installments. Payments must be made by June 1
11.7 each year following the year in which the purchase was made,
11.8 with interest at the rate in effect at the time of sale,
11.9 calculated under this subdivision, on the unpaid balances. Any
11.10 installment of principal or interest may be paid in advance, but
11.11 part payment of an installment will not be accepted. For the
11.12 purpose of computing interest, any installment of principal not
11.13 paid on June 1 shall be credited on the following June 1. The
11.14 purchaser may pay the balance due on a sale within 30 days of
11.15 the sale with no interest due.
11.16 (b) Interest on unpaid balances must be computed as annual
11.17 simple interest. The rate of interest must be based on average
11.18 effective interest rates on mortgage loans as provided in
11.19 paragraph (c).
11.20 (c) On or before December 31 of each year, the commissioner
11.21 of natural resources shall determine the rate from the average
11.22 effective interest rate on loans closed using the Office of
11.23 Thrift Supervision series, formerly the Federal Home Loan Bank
11.24 Board series, or its successor agency, for the most recent
11.25 calendar month, reported on a monthly basis in the latest
11.26 statistical release of the Board of Governors of the Federal
11.27 Reserve System. This yield, rounded to the nearest quarter of
11.28 one percent, is the annual interest rate for sales of state land
11.29 during the succeeding calendar year.
11.30 (d) For state land sales in calendar year 1993 after July
11.31 1, 1993, the rate is eight percent, which is the September 1992
11.32 average from the Office of Thrift Supervision series, rounded to
11.33 the nearest quarter of one percent.
11.34 Sec. 15. Minnesota Statutes 2002, section 92.06, is
11.35 amended by adding a subdivision to read:
11.36 Subd. 1a. [TERMS FOR LAND SALES AFTER JULY 1,
12.1 2004.] Notwithstanding subdivision 1, for state land sales on or
12.2 after July 1, 2004, the purchaser must pay at the time of sale
12.3 ten percent of the total amount bid and the remainder of the
12.4 payment is due within 90 days of the sale date. A person who
12.5 fails to make final payment within 90 days of the sale date is
12.6 in default. On default, all right, title, and interest of the
12.7 purchaser or heirs, representatives, or assigns of the purchaser
12.8 in the premises shall terminate without the state doing any act
12.9 or thing. A record of the default must be made in the state
12.10 land records of the commissioner.
12.11 Sec. 16. Minnesota Statutes 2002, section 92.06,
12.12 subdivision 2, is amended to read:
12.13 Subd. 2. [BUILDINGS OR IMPROVEMENTS.] If there are
12.14 buildings or other improvements upon the land, their value must
12.15 be appraised determined separately and included in the purchase
12.16 price. A person must not remove, injure, or destroy a building
12.17 or other improvement until an amount equal to its appraised
12.18 determined value has been paid on the purchase price of the
12.19 premises, in addition to any payment required for timber.
12.20 Violation of this provision is a gross misdemeanor.
12.21 Sec. 17. Minnesota Statutes 2002, section 92.06,
12.22 subdivision 4, is amended to read:
12.23 Subd. 4. [IMPROVEMENTS, WHEN PAYMENT NOT NECESSARY.] (a)
12.24 If a person has made improvements to the land and if: (1) the
12.25 commissioner believes that person settled the land in good faith
12.26 as homestead land under the laws of the United States before it
12.27 was certified to the state, (2) the improvements were lawfully
12.28 made by that person as a lessee of the state, or (3) the
12.29 commissioner determines, based on clear and convincing evidence
12.30 provided by the person, that the improvements were made by the
12.31 person as an inadvertent trespasser, then the value of the
12.32 improvements must be separately appraised determined and, if the
12.33 settler, lessee, or inadvertent trespasser purchases the land,
12.34 the settler, lessee, or inadvertent trespasser is not required
12.35 to pay for the improvements. If another person purchases the
12.36 land, that person must pay the owner of the improvements, in
13.1 addition to all other required payments, the appraised
13.2 determined amount for the improvements.
13.3 (b) Payment for improvements must be made within 15 days of
13.4 the auction sale, either in cash or upon terms and conditions
13.5 agreeable to the owner of the improvements. If payment for
13.6 improvements is not made in cash, and if there is no agreement
13.7 between the parties within 15 days of the auction sale, the
13.8 commissioner may:
13.9 (1) sell the property to the second highest qualified
13.10 bidder if that bidder submitted to the commissioner's
13.11 representative, at the auction sale, a written request to buy
13.12 the property at a specified price; or
13.13 (2) void the sale and reoffer the property at a subsequent
13.14 sale.
13.15 (c) This subdivision does not apply unless the owner of the
13.16 improvements makes a verified application to the commissioner
13.17 showing entitlement to the improvements before the first state
13.18 public sale at which the land is offered for sale. The
13.19 applicant must appear at the sale and offer to purchase the land
13.20 for at least its appraised determined value including all timber
13.21 on it, and make the purchase if no higher bid is received.
13.22 Actions or other proceedings involving the land in question
13.23 begun before the sale must have been completed.
13.24 Sec. 18. Minnesota Statutes 2002, section 92.06,
13.25 subdivision 5, is amended to read:
13.26 Subd. 5. [FURTHER SECURITY.] The director commissioner may
13.27 require of the purchaser security for the payment of the
13.28 deferred installments. The director commissioner may recover
13.29 the money and enforce any security by action brought in the
13.30 director's name.
13.31 Sec. 19. Minnesota Statutes 2002, section 92.08, is
13.32 amended to read:
13.33 92.08 [SURVEYS AND RESURVEYS.]
13.34 (a) The commissioner may have surveys made to determine the
13.35 correct boundaries or description of the land or to dispose of
13.36 it in convenient parcels. When the commissioner determines that
14.1 the interest of the state will be promoted, the commissioner may
14.2 subdivide land controlled by the commissioner into smaller
14.3 parcels or city lots.
14.4 (b) When the commissioner believes that an injustice has
14.5 been done the purchaser because of an incorrect United States
14.6 survey, the commissioner may have a resurvey made by a competent
14.7 surveyor. The surveyor shall prepare a plat showing the correct
14.8 acreage of each subdivision resurveyed and file it with the
14.9 commissioner and with the county recorder of the proper county.
14.10 The commissioner may call in the land certificates affected by
14.11 the resurvey and issue new ones. The certificates must show the
14.12 correct acreage and give full credit for all payments of
14.13 principal and interest made.
14.14 Sec. 20. Minnesota Statutes 2002, section 92.10,
14.15 subdivision 2, is amended to read:
14.16 Subd. 2. [PREPARATION.] The commissioner shall prepare
14.17 suitable maps or plats designating school or other state lands
14.18 owned by the state which have been appraised and that are
14.19 subject to sale. The maps or plats must be printed and
14.20 distributed with other printed matter in sufficient quantities
14.21 to properly advertise the sales provided by this chapter.
14.22 Sec. 21. [92.115] [VALUATION OF STATE LANDS; MINIMUM BID.]
14.23 Subdivision 1. [LAND VALUATION REQUIRED.] Before offering
14.24 any state land for sale under this chapter, the commissioner
14.25 must establish the value of the land. The commissioner shall
14.26 have the land appraised if the estimated market value is in
14.27 excess of $50,000.
14.28 Subd. 2. [MINIMUM BID.] The minimum bid for a parcel of
14.29 land must include the estimated value or appraised value of the
14.30 land and any improvements and, if any of the land is valuable
14.31 for merchantable timber, the value of the merchantable timber.
14.32 The minimum bid may include expenses incurred by the
14.33 commissioner in rendering the property salable, including
14.34 survey, appraisal, legal, advertising, and other expenses.
14.35 Sec. 22. Minnesota Statutes 2002, section 92.12,
14.36 subdivision 1, is amended to read:
15.1 Subdivision 1. [APPRAISERS.] The commissioner may have any
15.2 school trust or other state lands appraised. The appraisals
15.3 must be made by regularly appointed and qualified state
15.4 appraisers. Each appraiser shall take and sign an oath to
15.5 faithfully and impartially discharge the duties of appraiser as
15.6 best able and that the appraiser is not interested directly or
15.7 indirectly in the state lands to be appraised, or the timber or
15.8 improvements on them or in their purchase. The oath must be
15.9 attached to the appraisal report. To be qualified, an appraiser
15.10 must hold a state appraiser license issued by the Department of
15.11 Commerce. The appraisal must be in conformity with the Uniform
15.12 Standards of Professional Appraisal Practice of the Appraisal
15.13 Foundation.
15.14 Sec. 23. Minnesota Statutes 2002, section 92.12,
15.15 subdivision 2, is amended to read:
15.16 Subd. 2. [VALUATION AND APPRAISAL.] The appraiser shall
15.17 view and appraise the lands, including the merchantable timber
15.18 and improvements on them, and make a report to the
15.19 commissioner. The valuation of the lands and the merchantable
15.20 timber and improvements on them must each be made and stated
15.21 separately in the appraisal. The minimum price established by
15.22 the appraisal is the minimum price for the lands until changed
15.23 by later appraisal. No school or other state lands may be sold
15.24 until appraised. The price may not be less than $5 an acre. In
15.25 the appraisal the value of the land before the addition of the
15.26 value of merchantable timber and improvements must include the
15.27 value of timber reproduction.
15.28 Sec. 24. Minnesota Statutes 2002, section 92.12,
15.29 subdivision 4, is amended to read:
15.30 Subd. 4. [SALES.] The commissioner shall hold frequent
15.31 sales of school trust and other state lands. The time and place
15.32 of the sales must be publicly posted in the courthouse in the
15.33 county where the lands are located and in the courthouse in the
15.34 county where the sale is to take place at least 30 days in
15.35 advance, in addition to the regular notice of sale provided by
15.36 law. At this sale The commissioner shall sell lands the
16.1 commissioner considers best for the public interest.
16.2 Sec. 25. Minnesota Statutes 2002, section 92.12,
16.3 subdivision 5, is amended to read:
16.4 Subd. 5. [SALE OF LAND AND TIMBER.] When the appraisal and
16.5 or other reports show that the land is mainly valuable for
16.6 agricultural purposes and contains only small quantities of
16.7 timber, the commissioner may either sell the timber separately
16.8 as provided by law for state timber sales or sell the land as
16.9 agricultural land. If the land is sold as agricultural land the
16.10 purchaser must pay down as first payment an amount equal to the
16.11 value of the timber, in addition to the first payment required
16.12 on the land. If the appraisal and other reports show land
16.13 should be sold for continuous forest production or other
16.14 conservation purpose, the commissioner may require that the full
16.15 appraised value of land and timber must be paid by the purchaser
16.16 at the time of purchase.
16.17 Sec. 26. Minnesota Statutes 2002, section 92.14,
16.18 subdivision 1, is amended to read:
16.19 Subdivision 1. [TIME.] At least 30 days before a sale, the
16.20 commissioner shall give four weeks' published notice of the sale
16.21 at St. Paul, in each county containing land to be sold, and in
16.22 the county where the sale will be held. If there is no
16.23 newspaper published in the county, four weeks' posted notice in
16.24 the county courthouse must be given. The commissioner shall
16.25 also provide electronic notice of sale. On or before the day of
16.26 sale, the commissioner may withdraw any lands.
16.27 Sec. 27. [92.145] [UNSOLD LANDS.]
16.28 Except for school trust lands, parcels remaining unsold
16.29 after the public sale offering may be sold to anyone agreeing to
16.30 pay the minimum bid established for the public sale. The sale
16.31 shall continue until all eligible parcels have been sold or the
16.32 commissioner withdraws the remaining parcels from sale.
16.33 Sec. 28. Minnesota Statutes 2002, section 92.16, is
16.34 amended by adding a subdivision to read:
16.35 Subd. 5. [LANDS SALES AFTER JULY 1, 2004.] Notwithstanding
16.36 subdivisions 1 to 4, no certificate of sale shall be issued for
17.1 land sold on or after July 1, 2004. The terms of payment for
17.2 land sales on or after July 1, 2004, are as provided in section
17.3 92.06, subdivision 1a.
17.4 Sec. 29. Minnesota Statutes 2002, section 92.28, is
17.5 amended to read:
17.6 92.28 [PROCEEDS OF SALES; DISTRIBUTION.]
17.7 (a) A portion of the proceeds from the sale, equal in
17.8 amount to the survey, appraisal, legal, advertising, and other
17.9 expenses incurred by the commissioner in rendering the property
17.10 salable and included in the minimum bid amount, shall be
17.11 remitted to the account from which the expenses were paid and
17.12 are appropriated and immediately available for expenditure in
17.13 the same manner as other money in the account.
17.14 (b) The principal sums remainder of the proceeds accruing
17.15 from all sales by the commissioner of school, university,
17.16 internal improvement, or other state lands, or of pine timber
17.17 upon state lands must be deposited in the several permanent
17.18 funds to which they, respectively, belong. The sums may not be
17.19 reduced by any costs or charges of officers, by fees, or any
17.20 other means.
17.21 (c) Money received as interest on the funds, as penalties,
17.22 or as rents of the lands, must be deposited in the current or
17.23 general funds to which they belong. Interest and penalties on
17.24 the internal improvement land fund, and rents of the land, must
17.25 be compounded with the permanent fund.
17.26 Sec. 30. Minnesota Statutes 2002, section 92.29, is
17.27 amended to read:
17.28 92.29 [LAND PATENTS.]
17.29 The commissioner of natural resources shall sign and issue
17.30 in the name of the state and under the seal of the state a
17.31 patent for the land described in any certificate of sale when
17.32 the principal and interest specified in the certificate of sale
17.33 and all delinquent taxes due on the land have been paid. The
17.34 patent shall be issued to the purchaser named in the certificate
17.35 of sale, or the purchaser's successor in interest by execution,
17.36 judicial, mortgage or tax sale, or the assignee, vendee, heir or
18.1 devisee of the purchaser, as shown by a properly certified
18.2 abstract of title or other evidence if the purchaser's successor
18.3 is a person other than the purchaser named in the certificate of
18.4 sale. If the certificate of sale has become lost or destroyed,
18.5 an affidavit stating that fact or a certified copy of the
18.6 certificate must be submitted by the applicant for a
18.7 patent. When total payment is made within 90 days of the sale,
18.8 the commissioner shall sign and issue, in the name of the state
18.9 and under the seal of the state, a patent for the land sold.
18.10 Sec. 31. Minnesota Statutes 2002, section 92.321,
18.11 subdivision 1, is amended to read:
18.12 Subdivision 1. [COMMISSIONER MAY SELL LANDS.] The
18.13 commissioner of natural resources may appraise and sell any
18.14 unreserved state public land which in the commissioner's opinion
18.15 is suitable for private forest management.
18.16 Sec. 32. Minnesota Statutes 2002, section 94.09,
18.17 subdivision 1, is amended to read:
18.18 Subdivision 1. [APPLICABILITY.] All tracts or lots of real
18.19 property belonging to the state of Minnesota or that may
18.20 hereafter accrue to the state, including tracts or lots which
18.21 have escheated to the state, may be disposed of in accordance
18.22 with sections 94.09 to 94.16; provided, sections 94.09 to 94.16
18.23 shall not apply to school or other trust fund lands, belonging
18.24 to the state, or that may hereafter accrue to the state, under
18.25 and by virtue of any act of Congress or to any other state-owned
18.26 lands the sale or disposition of which is otherwise provided for
18.27 by law. All tracts or lots of real property belonging to the
18.28 state and under the control and supervision of the commissioner
18.29 of natural resources shall be disposed of according to sections
18.30 94.09 to 94.16, unless otherwise provided by law.
18.31 Sec. 33. Minnesota Statutes 2002, section 94.09,
18.32 subdivision 3, is amended to read:
18.33 Subd. 3. [NOTICE TO AGENCIES; DETERMINATION OF SURPLUS.]
18.34 On or before October 1 of each year, the commissioner of
18.35 administration shall review the certifications of heads of each
18.36 department or agency provided for in this section. The
19.1 commissioner of natural resources shall send written notice to
19.2 all state departments, agencies and the University of Minnesota
19.3 describing any lands or tracts which may be declared surplus.
19.4 If a department or agency or the University of Minnesota desires
19.5 custody of the lands or tracts, it shall submit a written
19.6 request to the commissioner, no later than four calendar weeks
19.7 after mailing of the notice, setting forth in detail its reasons
19.8 for desiring to acquire, and its intended use of, the land or
19.9 tract. The commissioner of administration shall then determine
19.10 whether any of the lands described in the certifications of the
19.11 heads of the departments or agencies should be declared surplus
19.12 and offered for sale or otherwise disposed of by transferring
19.13 custodial control to other requesting state departments or
19.14 agencies or to the Board of Regents of the University of
19.15 Minnesota for educational purposes, provided however that
19.16 transfer to the Board of Regents shall not be determinative of
19.17 tax exemption or immunity. If the commissioner determines that
19.18 any of such the lands are no longer needed for state purposes,
19.19 the commissioner shall make findings of fact, describe the
19.20 lands, declare such the lands to be surplus state land, and
19.21 state the reasons for the sale or disposition thereof, and
19.22 notify the state Executive Council of such determination of the
19.23 lands.
19.24 Sec. 34. Minnesota Statutes 2002, section 94.10, is
19.25 amended to read:
19.26 94.10 [SURVEYS, APPRAISALS, AND SALE.]
19.27 Subdivision 1. [APPRAISAL; NOTICE AND OFFER TO PUBLIC
19.28 BODIES.] (a) Before offering any surplus state-owned lands for
19.29 sale, the commissioner of administration may survey such natural
19.30 resources must establish the value of the lands, and if the
19.31 value thereof is estimated to be $40,000 or less, may have such
19.32 lands appraised. The commissioner shall have the lands
19.33 appraised if the estimated value is in excess of
19.34 $40,000 $50,000. The appraiser shall before entering upon the
19.35 duties of the office take and subscribe an oath that the
19.36 appraiser will faithfully and impartially discharge the duties
20.1 as appraiser according to the best of the appraiser's ability
20.2 and that the appraiser is not interested directly or indirectly
20.3 in any of the lands to be appraised or the timber or
20.4 improvements thereon or in the purchase thereof and has entered
20.5 into no agreement or combination to purchase the same or any
20.6 part thereof, which oath shall be attached to the report of such
20.7 appraisal No parcel of state-owned land shall be sold for less
20.8 than $1,000.
20.9 (b) The appraisals must be made by regularly appointed and
20.10 qualified state appraisers. To be qualified, an appraiser must
20.11 hold a state appraiser license issued by the Department of
20.12 Commerce. The appraisal must be in conformity with the Uniform
20.13 Standards of Professional Appraisal Practice of the Appraisal
20.14 Foundation.
20.15 (c) Before offering such surplus state-owned lands for
20.16 public sale, such the lands shall first be offered to the city,
20.17 county, town, school district, or other public body corporate or
20.18 politic in which the lands are situated for public purposes
20.19 and they the lands may be sold for such public purposes for not
20.20 less than the appraised value thereof of the lands. To
20.21 determine whether a public body desires to purchase the surplus
20.22 land, the commissioner of administration natural resources shall
20.23 give a written notice to the governing body of each political
20.24 subdivision whose jurisdictional boundaries include or are
20.25 adjacent to the surplus land. If a public body desires to
20.26 purchase the surplus land, it shall submit a written offer to
20.27 the commissioner not no later than two weeks after receipt of
20.28 notice setting forth in detail its reasons for desiring to
20.29 acquire and its intended use of the land. In the event that
20.30 more than one public body tenders an offer, the commissioner
20.31 shall determine which party shall receive the property, and
20.32 shall submit written findings regarding the decision. If lands
20.33 are offered for sale for such public purposes, and if a public
20.34 body notifies the commissioner of administration of its desire
20.35 to acquire such the lands, the public body may have not to
20.36 exceed up to two years from the date of the accepted offer to
21.1 commence payment for the lands in the manner provided by law.
21.2 Subd. 2. [PUBLIC SALE REQUIREMENTS.] (a) Lands certified
21.3 as surplus by the head of a department or agency other than the
21.4 Department of Natural Resources shall be offered for public sale
21.5 by the commissioner of administration as provided in this
21.6 paragraph. After complying with subdivision 1 and before any
21.7 public sale of surplus state-owned land is made and at least 30
21.8 days before the sale, the commissioner of administration natural
21.9 resources shall publish a notice thereof at least once in each
21.10 week for four successive weeks in a legal newspaper and also of
21.11 the sale in a newspaper of general distribution in the city or
21.12 county in which the real property to be sold is situated,
21.13 which. The notice shall specify the time and place at which the
21.14 sale will commence, a general description of the lots or tracts
21.15 to be offered, and a general statement of the terms of
21.16 sale. Each tract or lot shall be sold separately and shall be
21.17 sold for not less than the appraised value thereof. The
21.18 commissioner shall also provide electronic notice of sale.
21.19 (b) The minimum bid for a parcel of land must include the
21.20 estimated value or appraised value of the land and any
21.21 improvements and, if any of the land is valuable for
21.22 merchantable timber, the value of the merchantable timber. The
21.23 minimum bid may include expenses incurred by the commissioner in
21.24 rendering the property salable, including survey, appraisal,
21.25 legal, advertising, and other expenses.
21.26 (c) Parcels remaining unsold after the offering may be sold
21.27 to anyone agreeing to pay the appraised value thereof. The sale
21.28 shall continue until all parcels are sold or until the
21.29 commissioner orders a reappraisal or withdraws the remaining
21.30 parcels from sale.
21.31 (b) Lands certified as surplus by the commissioner of
21.32 natural resources shall be offered for public sale by the
21.33 commissioner of natural resources in the manner provided in
21.34 paragraph (a) for sales by the commissioner of administration.
21.35 (c) Except as provided in section 94.11, the cost of any
21.36 survey or appraisal as provided in subdivision 1 shall be added
22.1 to and made a part of the appraised value of the lands to be
22.2 sold, whether to any political subdivision of the state or to a
22.3 private purchaser as provided in this subdivision.
22.4 Sec. 35. Minnesota Statutes 2002, section 94.11, is
22.5 amended to read:
22.6 94.11 [TERMS OF PAYMENT.]
22.7 Not less than ten percent of the purchase price shall be
22.8 paid at the time of sale with the balance payable as follows:
22.9 If the purchase price of any lot or parcel is $5,000 or less,
22.10 the balance shall be paid within 90 days of the date of sale.
22.11 If the purchase price of any lot or parcel is in excess of
22.12 $5,000, the balance shall be paid in equal annual installments
22.13 for not more than five years, at the option of the purchaser,
22.14 with principal and interest payable annually in advance at a
22.15 rate equal to the rate in effect at the time under section
22.16 549.09 on the unpaid balance, payable to the state treasury on
22.17 or before June 1 each year. Any installment of principal or
22.18 interest may be prepaid. Terms of payment for lands sold by the
22.19 commissioner of natural resources before July 1, 2004, are the
22.20 same as those provided for state public lands by section 92.06,
22.21 subdivision 1. For lands sold by the commissioner of natural
22.22 resources on or after July 1, 2004, the terms of payment are the
22.23 same as those provided for state public lands by section 92.06,
22.24 subdivision 1a.
22.25 Sec. 36. Minnesota Statutes 2002, section 94.12, is
22.26 amended to read:
22.27 94.12 [CONTRACT FOR DEED AND QUITCLAIM DEED.]
22.28 Subdivision 1. [LANDS SOLD BEFORE JULY 1, 2004.] In the
22.29 event a purchaser elects to purchase surplus real property on an
22.30 installment basis, the commissioner of administration shall
22.31 enter into a contract for deed with the purchaser thereof in
22.32 which shall be set forth the description of the real property
22.33 sold and the price thereof, the consideration paid and to be
22.34 paid therefor, the rate of interest, and time and terms of
22.35 payment. This contract for deed shall be made assignable and
22.36 shall further set forth that in case of the nonpayment of the
23.1 annual principal or interest payment due by the purchaser, or
23.2 any person claiming under the purchaser, then the contract for
23.3 deed, from the time of such failure, will be entirely void and
23.4 of no effect and the state may be repossessed of the lot or
23.5 tract and may resell the same as provided in sections 94.09 to
23.6 94.16. In the event the terms and conditions of a contract for
23.7 deed for lands sold before July 1, 2004, are completely
23.8 fulfilled or if a purchaser makes a lump sum payment for the
23.9 subject property in lieu of entering into a contract for deed,
23.10 the commissioner of administration, shall sign and cause to be
23.11 issued a quitclaim deed on behalf of the state. Said quitclaim
23.12 deed shall be in a form prescribed by the attorney general and
23.13 shall vest in purchaser all of the state's interest in the
23.14 subject property except as provided in section 94.14.
23.15 Subd. 2. [LANDS SOLD AFTER JULY 1, 2004.] On or after July
23.16 1, 2004, when total payment is made within 90 days of the sale,
23.17 the commissioner of natural resources shall sign and cause to be
23.18 issued a quitclaim deed on behalf of the state. The quitclaim
23.19 deed shall be in a form prescribed by the attorney general and
23.20 shall vest in the purchaser all of the state's interest in the
23.21 subject property, except as provided in section 94.14.
23.22 Sec. 37. Minnesota Statutes 2002, section 94.13, is
23.23 amended to read:
23.24 94.13 [RECORD OF CONTRACTS FOR DEED AND ASSIGNMENTS;
23.25 EFFECT.]
23.26 (a) A contract for deed issued before July 1, 2004,
23.27 pursuant to sections 94.09 to 94.16, or any assignment thereof,
23.28 executed and acknowledged as provided by law for the execution
23.29 and acknowledgment of deeds may be recorded in the office of the
23.30 county recorder of any county in the state in the same manner
23.31 and with like effect as deeds are therein recorded. This
23.32 contract for deed shall entitle the purchaser thereof, or the
23.33 heirs and assigns of the purchaser, to the exclusive possession
23.34 of the land therein described, provided its terms have been in
23.35 all respects complied with, and the contract for deed and the
23.36 record thereof shall be conclusive evidence of title in the
24.1 purchaser, or the heirs and assigns of the purchaser, for all
24.2 purposes and against all persons, except the state of Minnesota
24.3 in case of forfeiture.
24.4 (b) When a contract for deed or partial interest in a
24.5 contract for deed is assigned, the assignment must be made on a
24.6 form provided by the commissioner, executed by the assignor and
24.7 assignee, and consented to by the commissioner. An assignment
24.8 of a partial interest must state that payment to date has been
24.9 made to the commissioner.
24.10 (c) When the assignee satisfies the terms of the assignment
24.11 and corresponding terms of the contract for deed, the
24.12 commissioner shall issue a deed to the assignee.
24.13 Sec. 38. Minnesota Statutes 2002, section 94.16,
24.14 subdivision 2, is amended to read:
24.15 Subd. 2. [PAYMENT OF EXPENSES.] A portion of the proceeds
24.16 from the sale equal in amount to the survey, appraisal, legal,
24.17 advertising, and other expenses incurred by the commissioner of
24.18 administration or other state official natural resources in
24.19 rendering the property salable shall be remitted to the account
24.20 from which the expenses were paid, and are appropriated and
24.21 immediately available for expenditure in the same manner as
24.22 other money in the account.
24.23 Sec. 39. Minnesota Statutes 2003 Supplement, section
24.24 525.161, is amended to read:
24.25 525.161 [NO SURVIVING SPOUSE OR KINDRED, NOTICES TO
24.26 ATTORNEY GENERAL.]
24.27 When it appears from the petition or application for
24.28 administration of the estate, or otherwise, in a proceeding in
24.29 the court that the intestate left surviving no spouse or
24.30 kindred, the court shall give notice of such fact and notice of
24.31 all subsequent proceedings in such estate to the attorney
24.32 general forthwith; and the attorney general shall protect the
24.33 interests of the state during the course of administration. The
24.34 residue which escheats to the state shall be transmitted to the
24.35 attorney general. All moneys, stocks, bonds, notes, mortgages
24.36 and other securities, and all other personal property so
25.1 escheated shall then be given into the custody of the
25.2 commissioner of finance who shall immediately credit the moneys
25.3 received to the general fund. The commissioner of finance shall
25.4 hold such stocks, bonds, notes, mortgages and other securities,
25.5 and all other personal property, subject to such investment,
25.6 sale or other disposition as the State Board of Investment may
25.7 direct pursuant to section 11A.04, clause (9). The attorney
25.8 general shall immediately report to the State Executive Council
25.9 all real property received in the individual escheat, and any
25.10 sale or disposition of such real estate shall be made in
25.11 accordance with sections 94.09 to 94.16 16B.281 to 16B.287.
25.12 Sec. 40. Minnesota Statutes 2003 Supplement, section
25.13 525.841, is amended to read:
25.14 525.841 [ESCHEAT RETURNED.]
25.15 In all such cases the commissioner of finance shall be
25.16 furnished with a certified copy of the court's order assigning
25.17 the escheated property to the persons entitled thereto, and upon
25.18 notification of payment of the estate tax, the commissioner of
25.19 finance shall draw a warrant or execute a proper conveyance to
25.20 the persons designated in such order. In the event any
25.21 escheated property has been sold pursuant to sections 11A.04,
25.22 clause (9), and 11A.10, subdivision 2, or 94.09 to 94.16 16B.281
25.23 to 16B.287, then the warrant shall be for the appraised value as
25.24 established during the administration of the decedent's estate.
25.25 There is hereby annually appropriated from any moneys in the
25.26 state treasury not otherwise appropriated an amount sufficient
25.27 to make payment to all such designated persons. No interest
25.28 shall be allowed on any amount paid to such persons.
25.29 Sec. 41. [REPEALER.]
25.30 Minnesota Statutes 2002, sections 92.09; 92.11; and 94.09,
25.31 subdivisions 2, 4, 5, and 6, are repealed.
25.32 Sec. 42. [EFFECTIVE DATE.]
25.33 Sections 1 to 41 are effective August 1, 2004.
25.34 ARTICLE 2
25.35 STATE LAND MANAGEMENT
25.36 Section 1. Minnesota Statutes 2002, section 84.0272, is
26.1 amended by adding a subdivision to read:
26.2 Subd. 3. [MINIMAL VALUE ACQUISITION.] (a) Notwithstanding
26.3 subdivision 1, if the commissioner determines that lands or
26.4 interests in land have a value less than $5,000, the
26.5 commissioner may acquire the lands for the value determined by
26.6 the commissioner without an appraisal. The commissioner shall
26.7 make the determination based upon available information
26.8 including, but not limited to:
26.9 (1) the most recent assessed market value of the land or
26.10 interests in land as determined by the county assessor of the
26.11 county in which the land or interests in land is located;
26.12 (2) a sale price of the land or interests in land, provided
26.13 the sale occurred within the past year;
26.14 (3) the sale prices of comparable land or interests in land
26.15 located in the vicinity and sold within the past year; or
26.16 (4) an appraisal of the land or interests in land conducted
26.17 within the past year.
26.18 (b) In the event the value is minimal, the commissioner may
26.19 add a transaction incentive, provided that the sum of the
26.20 incentive plus the value of the land does not exceed $1,000.
26.21 Sec. 2. Minnesota Statutes 2002, section 84.0272, is
26.22 amended by adding a subdivision to read:
26.23 Subd. 4. [AGREEMENT BY LANDOWNER.] The commissioner shall
26.24 utilize the valuation methods prescribed in subdivisions 2 and 3
26.25 only with prior consent of the landowner from whom the state
26.26 proposes to purchase land or interests in land.
26.27 Sec. 3. Minnesota Statutes 2002, section 84.033, is
26.28 amended to read:
26.29 84.033 [SCIENTIFIC AND NATURAL AREAS.]
26.30 Subdivision 1. [ACQUISITION; DESIGNATION.] The
26.31 commissioner of natural resources may acquire by gift, lease,
26.32 easement, or purchase, in the manner prescribed under chapter
26.33 117, in the name of the state, lands or any interest in lands
26.34 suitable and desirable for establishing and maintaining
26.35 scientific and natural areas. The commissioner shall designate
26.36 any land so acquired as a scientific and natural area and shall
27.1 administer any land so acquired and designated as provided by
27.2 section 86A.05.
27.3 Subd. 2. [DESIGNATION APPROVAL.] No scientific and natural
27.4 area may be designated unless the designation is approved by
27.5 resolution of the board of the county in which the land is
27.6 located.
27.7 [EFFECTIVE DATE.] This section is effective for
27.8 designations after the date of enactment.
27.9 Sec. 4. Minnesota Statutes 2002, section 86A.05,
27.10 subdivision 14, is amended to read:
27.11 Subd. 14. [AQUATIC MANAGEMENT AREAS.] (a) Aquatic
27.12 management areas may be established to protect, develop, and
27.13 manage lakes, rivers, streams, and adjacent wetlands and lands
27.14 that are critical for fish and other aquatic life, for water
27.15 quality, and for their intrinsic biological value, public
27.16 fishing, or other compatible outdoor recreational uses.
27.17 (b) Aquatic management areas may be established to protect
27.18 wetland areas under ten acres that are donated to the Department
27.19 of Natural Resources.
27.20 (c) No unit may be authorized unless it meets one or more
27.21 of the following criteria:
27.22 (1) provides angler or management access;
27.23 (2) protects fish spawning, rearing, or other unique
27.24 habitat;
27.25 (3) protects aquatic wildlife feeding and nesting areas;
27.26 (4) protects critical shoreline habitat; or
27.27 (5) provides a site for research on natural history.
27.28 (d) Aquatic management areas must be administered by the
27.29 commissioner of natural resources in a manner consistent with
27.30 the purposes of this subdivision to perpetuate and, if
27.31 necessary, reestablish high quality aquatic habitat for
27.32 production of fish, wildlife, and other aquatic species. Public
27.33 fishing and other uses shall be consistent with the limitations
27.34 of the resource, including the need to preserve adequate
27.35 populations and prevent long-term habitat injury or excessive
27.36 fish population reduction or increase. Public access to aquatic
28.1 management areas may be closed during certain time periods.
28.2 (e) State-owned lands or waters, or any state-owned
28.3 interests in lands or waters, acquired before August 1, 2000,
28.4 that meet the criteria of this subdivision and that have been
28.5 administered by the commissioner of natural resources as fish
28.6 management areas or other areas of fishery interest are
28.7 authorized as units of the outdoor recreation system upon
28.8 designation by the commissioner of natural resources as aquatic
28.9 management areas.
28.10 Sec. 5. Minnesota Statutes 2002, section 92.121, is
28.11 amended to read:
28.12 92.121 [PERMANENT SCHOOL FUND LANDS.]
28.13 The commissioner of natural resources shall exchange
28.14 permanent school fund land as defined in the Minnesota
28.15 Constitution, article XI, section 8, located in state parks,
28.16 state recreation areas, wildlife management areas, scientific
28.17 and natural areas, or state waysides or on lands managed by the
28.18 commissioner as old growth stands, for other lands as allowed by
28.19 the Minnesota Constitution, article XI, section 10, and section
28.20 94.343, subdivision 1, that are compatible with the goal of the
28.21 permanent school fund lands in section 127A.31 when, as a result
28.22 of management practices applied to the permanent school fund
28.23 lands and associated resources, revenue generation has been
28.24 diminished or is prohibited and no alternative has been put into
28.25 effect to compensate the permanent school fund for the income
28.26 losses.
28.27 Sec. 6. [103G.407] [WATER LEVEL CONTROLS FOR PUBLIC WATERS
28.28 WITH AN OUTLET.]
28.29 (a) The commissioner, upon due consideration of
28.30 recommendations and objections as provided in paragraph (c), may
28.31 issue a public waters work permit to establish a control
28.32 elevation for a public water with an outlet that is different
28.33 than any previously existing or established control level when:
28.34 (1) all of the property abutting the ordinary high water
28.35 mark of the public water is in public ownership or the public
28.36 entity has obtained permanent flowage easements; and
29.1 (2) the commissioner finds that the proposed change in the
29.2 control level is in the public interest and causes minimal
29.3 adverse environmental impact.
29.4 (b) In addition to the requirements in section 103G.301,
29.5 subdivision 6, if the proposed control elevation differs from
29.6 any historical control level, the permit applicant shall serve a
29.7 copy of the application on each county and municipality within
29.8 which any portion of the lake is located and on the lake
29.9 improvement district, if one exists.
29.10 (c) A county, municipality, watershed district, watershed
29.11 management organization, or lake improvement district required
29.12 to be served under paragraph (b) or section 103G.301,
29.13 subdivision 6, may file a written recommendation for the
29.14 issuance of the permit or an objection to the issuance of the
29.15 permit with the commissioner within 30 days after receiving a
29.16 copy of the application.
29.17 Sec. 7. Minnesota Statutes 2002, section 164.08,
29.18 subdivision 2, is amended to read:
29.19 Subd. 2. [MANDATORY ESTABLISHMENT; CONDITIONS.] (a) Upon
29.20 petition presented to the town board by the owner of a tract of
29.21 land containing at least five acres, who has no access thereto
29.22 except over a navigable waterway or over the lands of others, or
29.23 whose access thereto is less than two rods in width, the town
29.24 board by resolution shall establish a cartway at least two rods
29.25 wide connecting the petitioner's land with a public road. A
29.26 town board shall establish a cartway upon a petition of an owner
29.27 of a tract of land that, as of January 1, 1998, was on record as
29.28 a separate parcel, contained at least two but less than five
29.29 acres, and has no access thereto except over a navigable
29.30 waterway or over the lands of others. The town board may select
29.31 an alternative route other than that petitioned for if the
29.32 alternative is deemed by the town board to be less disruptive
29.33 and damaging to the affected landowners and in the public's best
29.34 interest.
29.35 (b) In an unorganized territory, the board of county
29.36 commissioners of the county in which the tract is located shall
30.1 act as the town board. The proceedings of the town board shall
30.2 be in accordance with section 164.07.
30.3 (c) The amount of damages shall be paid by the petitioner
30.4 to the town before such cartway is opened. For the purposes of
30.5 this subdivision damages shall mean the compensation, if any,
30.6 awarded to the owner of the land upon which the cartway is
30.7 established together with the cost of professional and other
30.8 services, hearing costs, administrative costs, recording costs,
30.9 and other costs and expenses which the town may incur in
30.10 connection with the proceedings for the establishment of the
30.11 cartway. The town board may by resolution require the
30.12 petitioner to post a bond or other security acceptable to the
30.13 board for the total estimated damages before the board takes
30.14 action on the petition.
30.15 (d) Town road and bridge funds shall not be expended on the
30.16 cartway unless the town board, or the county board acting as the
30.17 town board in the case of a cartway established in an
30.18 unorganized territory, by resolution determines that an
30.19 expenditure is in the public interest. If no resolution is
30.20 adopted to that effect, the grading or other construction work
30.21 and the maintenance of the cartway is the responsibility of the
30.22 petitioner, subject to the provisions of section 164.10.
30.23 (e) After the cartway has been constructed the town board,
30.24 or the county board in the case of unorganized territory, may by
30.25 resolution designate the cartway as a private driveway with the
30.26 written consent of the affected landowner in which case from the
30.27 effective date of the resolution no town road and bridge funds
30.28 shall be expended for maintenance of the driveway; provided that
30.29 the cartway shall not be vacated without following the vacation
30.30 proceedings established under section 164.07.
30.31 Sec. 8. Minnesota Statutes 2002, section 282.01,
30.32 subdivision 3, is amended to read:
30.33 Subd. 3. [NONCONSERVATION LANDS; APPRAISAL AND SALE.] All
30.34 parcels of land classified as nonconservation, except those
30.35 which may be reserved, shall be sold as provided, if it is
30.36 determined, by the county board of the county in which the
31.1 parcels lie, that it is advisable to do so, having in mind their
31.2 accessibility, their proximity to existing public improvements,
31.3 and the effect of their sale and occupancy on the public
31.4 burdens. Any parcels of land proposed to be sold shall be first
31.5 appraised by the county board of the county in which the parcels
31.6 lie. The parcels may be reappraised whenever the county board
31.7 deems it necessary to carry out the intent of sections 282.01 to
31.8 282.13. In an appraisal the value of the land and any standing
31.9 timber on it shall be separately determined. No parcel of land
31.10 containing any standing timber may be sold until the appraised
31.11 value of the timber on it and the sale of the land have been
31.12 approved by the commissioner of natural resources. The
31.13 commissioner shall base review of a proposed sale on the policy
31.14 and considerations specified in subdivision 1. The decision of
31.15 the commissioner shall be in writing and shall state the reasons
31.16 for it. The county may appeal the decision of the commissioner
31.17 in accordance with chapter 14.
31.18 In any county in which a state forest or any part of it is
31.19 located, the county auditor shall submit to the commissioner at
31.20 least 30 60 days before the first publication of the list of
31.21 lands to be offered for sale a list of all lands included on the
31.22 list which are situated outside of any incorporated municipality.
31.23 If, at any time before the opening of the sale, the commissioner
31.24 notifies the county auditor in writing that there is standing
31.25 timber on any parcel of such land, the parcel shall not be sold
31.26 unless the requirements of this section respecting the separate
31.27 appraisal of the timber and the approval of the appraisal by the
31.28 commissioner have been complied with. The commissioner may
31.29 waive the requirement of the 30-day 60-day notice as to any
31.30 parcel of land which has been examined and the timber value
31.31 approved as required by this section.
31.32 If any public improvement is made by a municipality after
31.33 any parcel of land has been forfeited to the state for the
31.34 nonpayment of taxes, and the improvement is assessed in whole or
31.35 in part against the property benefited by it, the clerk of the
31.36 municipality shall certify to the county auditor, immediately
32.1 upon the determination of the assessments for the improvement,
32.2 the total amount that would have been assessed against the
32.3 parcel of land if it had been subject to assessment; or if the
32.4 public improvement is made, petitioned for, ordered in or
32.5 assessed, whether the improvement is completed in whole or in
32.6 part, at any time between the appraisal and the sale of the
32.7 parcel of land, the cost of the improvement shall be included as
32.8 a separate item and added to the appraised value of the parcel
32.9 of land at the time it is sold. No sale of a parcel of land
32.10 shall discharge or free the parcel of land from lien for the
32.11 special benefit conferred upon it by reason of the public
32.12 improvement until the cost of it, including penalties, if any,
32.13 is paid. The county board shall determine the amount, if any,
32.14 by which the value of the parcel was enhanced by the improvement
32.15 and include the amount as a separate item in fixing the
32.16 appraised value for the purpose of sale. In classifying,
32.17 appraising, and selling the lands, the county board may
32.18 designate the tracts as assessed and acquired, or may by
32.19 resolution provide for the subdivision of the tracts into
32.20 smaller units or for the grouping of several tracts into one
32.21 tract when the subdivision or grouping is deemed advantageous
32.22 for the purpose of sale. Each such smaller tract or larger
32.23 tract must be classified and appraised as such before being
32.24 offered for sale. If any such lands have once been classified,
32.25 the board of county commissioners, in its discretion, may, by
32.26 resolution, authorize the sale of the smaller tract or larger
32.27 tract without reclassification.
32.28 Sec. 9. Laws 1997, chapter 216, section 151, is amended to
32.29 read:
32.30 Sec. 151. [HORSESHOE BAY LEASES.]
32.31 Subdivision 1. [DEFINITIONS.] (a) "Lessee" means a lessee
32.32 of lands leased under Minnesota Statutes, section 92.46, that
32.33 are located in Section 16, Township 62 North, Range 4 East, Cook
32.34 County, of record with the commissioner of natural resources as
32.35 of May 14, 1993.
32.36 (b) "New lease" means a lease issued after the effective
33.1 date of this act from May 31, 1997, to May 31, 2004, under the
33.2 terms and conditions specified in Minnesota Statutes, section
33.3 92.46, subdivisions 1, 1a, and 3, except that the lease may be
33.4 for a life term and is not assignable or transferable and may
33.5 not be amended to include additional lessees.
33.6 (c) "Amended lease" means a lease issued after May 31,
33.7 2004, under the terms and conditions specified in Minnesota
33.8 Statutes, section 92.46, subdivisions 1, 1a, and 3, except that:
33.9 (1) the term of the lease shall be for the lifetime of the
33.10 party being issued the amended lease and, if transferred, for
33.11 the lifetime of the party to whom the lease is transferred;
33.12 (2) the lease shall provide that the lease may be
33.13 transferred only once and the transfer must be to a person
33.14 within the second degree of kindred according to civil law;
33.15 (3) the commissioner shall limit the number of transferees
33.16 per lease to no more than two persons who have attained legal
33.17 age; and
33.18 (4) the lease rates shall be as provided in Laws 2003,
33.19 First Special Session chapter 9, article 1, section 52.
33.20 Subd. 2. [OPTIONS FOR LESSEES.] (a) If requested in
33.21 writing by a lessee before January 1, 1998, the commissioner
33.22 shall, at the lessee's option:
33.23 (1) pay to the lessee the appraised value of the lessee's
33.24 improvements on the land and terminate the existing lease as of
33.25 the date of payment for improvements; or
33.26 (2) issue a new lease for the life of the lessee that
33.27 provides that when the lease term expires, the commissioner
33.28 shall pay to the lessee or a beneficiary that must be designated
33.29 in writing by the lessee the appraised value of the lessee's
33.30 improvements on the land. A lessee who elects this option may
33.31 elect to terminate the lease at any time during the term of the
33.32 lease in exchange for payment by the commissioner for the
33.33 appraised value of the lessee's improvements on the land.
33.34 (b) If the commissioner has not received written notice of
33.35 a lessee's election under paragraph (a) by January 1, 1998, the
33.36 commissioner may proceed under paragraph (a), clause (1).
34.1 (c) If requested in writing by the lessee before January 1,
34.2 2005, the commissioner shall issue an amended lease to a lessee
34.3 who holds a new lease issued under paragraph (a). When the
34.4 amended lease term expires, the commissioner shall pay to the
34.5 lessee, the transferee, or a beneficiary that must be designated
34.6 in writing by the lessee or the transferee, the appraised value
34.7 of the lessee's or transferee's improvements on the land. A
34.8 lessee or transferee may elect to terminate the lease at any
34.9 time during the term of the lease in exchange for payment by the
34.10 commissioner for the appraised value of the lessee's or
34.11 transferee's improvements on the land.
34.12 (d) After the effective date of this section May 31, 1997,
34.13 no lessee under paragraph (a), clause (2), or (c), shall
34.14 construct or remodel, other than necessary for maintenance and
34.15 upkeep, a cabin or other structure during the lease.
34.16 (d) (e) The commissioner may use money appropriated from
34.17 the land acquisition account under Minnesota Statutes, section
34.18 94.165, for payments under paragraph (a) or (c).
34.19 (e) (f) Notwithstanding Minnesota Statutes, section 92.46,
34.20 subdivision 1a, the commissioner may elect whether to amend the
34.21 leases in paragraph (a) or (c) to expand lot size to conform
34.22 with current shoreline standards.
34.23 Sec. 10. Laws 2003, First Special Session chapter 13,
34.24 section 6, is amended to read:
34.25 Sec. 6. [PROPOSED GREENLEAF LAKE STATE PARK.]
34.26 Subdivision 1. [85.012] [Subd. 24b.] [PROPOSED PARK
34.27 GREENLEAF LAKE STATE PARK, MEEKER COUNTY.] Boundaries for a
34.28 proposed Greenleaf Lake state park is established in Meeker
34.29 county are established according to subdivision 2.
34.30 Subd. 2. [BOUNDARIES.] The following described lands are
34.31 proposed for added to Greenleaf Lake state park, all in Township
34.32 118 North, Range 30 West, Meeker county:
34.33 (1) all of Government Lots 1 and 2, the East Half of the
34.34 South 23.61 acres of Government Lot 3, and Government Lot 4,
34.35 excepting that part described as follows: Beginning at a point
34.36 109 feet South of a point on the section line which is 4301.5
35.1 feet East of the northwest corner of Section 20; thence in a
35.2 southwesterly direction South 14 degrees 36 seconds West 403.0
35.3 feet; thence in a southeasterly direction South 75 degrees 24
35.4 minutes East 402 feet, to a point on the meandered line of Sioux
35.5 Lake; thence in a northeasterly direction along the meandered
35.6 line North 14 degrees 36 minutes East 553 feet; thence in a
35.7 southwesterly direction along the meandered line South 84
35.8 degrees 00 minutes West 431 feet, to the point of beginning,
35.9 said exception containing 4.4 acres more or less; all in Section
35.10 20;
35.11 (2) all of Government Lot 2, the Southeast Quarter except
35.12 that described as follows: Beginning at the northeast corner of
35.13 said Southwest Quarter of the Southeast Quarter; thence on an
35.14 assumed bearing of South 0 degrees 08 minutes 46 seconds West,
35.15 along the east line of said Southwest Quarter of the Southeast
35.16 Quarter, a distance of 306.24 feet; thence on a bearing of North
35.17 84 degrees 17 minutes 23 seconds West, 628.50 feet; thence on a
35.18 bearing of North 0 degrees 08 minutes 46 seconds East, 338.05
35.19 feet; thence on a bearing of South 86 degrees 08 minutes East,
35.20 626.86 feet to the east line of the Northwest Quarter of the
35.21 Southeast Quarter; thence on a bearing of South 0 degrees 08
35.22 minutes 46 seconds West, along last said line, 52.07 feet to the
35.23 point of beginning. Containing 2.5 acres, more or less.
35.24 Subject to the rights of the public in County Road No. 172; and
35.25 excepting the north nine and eighty-four hundredths (9.84) acres
35.26 of the Southeast Quarter of the Southeast Quarter described as
35.27 follows: Beginning at the northeast corner of the Southeast
35.28 Quarter of the Southeast Quarter and running; thence West
35.29 nineteen and ninety-two hundredths chains (19.92) to the 1/16
35.30 section corner; thence South on the 1/16 section line four and
35.31 sixty-four hundredths (4.64) chains; thence East nineteen and
35.32 ninety-three hundredths (19.93) chains to the section line;
35.33 thence North on section line five and twenty-four hundredths
35.34 (5.24) chains to the place of beginning; all in Section 21;
35.35 (3) the Northeast Quarter of the Northeast Quarter, the
35.36 Northwest Quarter of the Northeast Quarter, the Northeast
36.1 Quarter of the Northwest Quarter, and the Northwest Quarter of
36.2 the Northwest Quarter, all in Section 28;
36.3 (4) all of Section 29, except that part of Government Lot 4
36.4 bounded by the following described lines: Beginning at a point
36.5 of intersection with the center line of County Road No. 169 and
36.6 the north line of said Section 29; thence North 90 degrees 00
36.7 minutes East, 994.8 feet along the north line of said Section
36.8 29; thence South 00 degrees 00 minutes West, 17.9 feet; thence
36.9 South 75 degrees 28 minutes West, 1051.4 feet, to the center
36.10 line of County Road No. 169; thence North 04 degrees 39 minutes
36.11 East, 282.7 feet along the center line of County Road No. 169 to
36.12 the point of beginning: Including all riparian rights to the
36.13 contained 3.4 acres more or less and subject to existing road
36.14 easements; all in Section 29;
36.15 (5) the Southeast Quarter of the Southeast Quarter, the
36.16 Northeast Quarter of the Southeast Quarter, the Southeast
36.17 Quarter of the Northeast Quarter, and the Northeast Quarter of
36.18 the Northeast Quarter, all in Section 30; and
36.19 (6) the West 15 acres of the Northwest Quarter of the
36.20 Northwest Quarter of Section 32.
36.21 Subd. 3. [LAND PURCHASES.] The commissioner may not use
36.22 money in the land acquisition account under Minnesota Statutes,
36.23 section 94.165, to purchase land for Greenleaf state park. The
36.24 commissioner may only purchase land for Greenleaf state park
36.25 with money appropriated specifically for that purpose.
36.26 Sec. 11. [ADDITIONS TO STATE PARKS.]
36.27 Subdivision 1. [85.012] [Subd. 13.] [CHARLES A. LINDBERGH
36.28 STATE PARK, MORRISON COUNTY.] The following areas are added to
36.29 Charles A. Lindbergh State Park, Morrison County:
36.30 (1) Lots 3, 4, 5, 6, 7, 8, 9, 10, and 11, Block 1, Little
36.31 Elk Meadows, according to the plat on file in the office of the
36.32 registrar of titles, Morrison County, Minnesota, excepting
36.33 one-half of all mineral and mineral rights; and
36.34 (2) that part of Government Lots 2 and 3, Section 5,
36.35 Township 129, Range 29, Morrison County, Minnesota, described as
36.36 follows: Commencing at the found 1/2" iron pipe which marks the
37.1 position of the northwest corner of said Section 5, as
37.2 perpetuated since 1936 by the Morrison County Highway
37.3 Department; thence East on an assumed bearing along the north
37.4 line of the Northwest Quarter of said Section 5, as determined
37.5 by found monuments, a distance of 2423.44 feet to a found 1"
37.6 iron pipe monument; thence South 36 degrees 16 minutes West
37.7 along the approximate centerline of said County Road 213 a
37.8 distance of 1479.77 feet; thence South 24 degrees 14 minutes
37.9 West along said approximate centerline a distance of 278.26
37.10 feet; thence South 15 degrees 56 minutes 36 seconds West along
37.11 said approximate centerline a distance of 86.47 feet to its
37.12 intersection with said common line between Nelson and
37.13 Schoessling; thence South 89 degrees 38 minutes 12 seconds East
37.14 a distance of 34.26 feet to a found 5/8" diameter iron pin on
37.15 the easterly right-of-way line of said County Road 213, the
37.16 point of beginning; thence South 15 degrees 56 minutes 36
37.17 seconds West along said easterly right-of-way line a distance of
37.18 1246.81 feet to a 1/2" diameter iron pipe monument capped RLS
37.19 10832 which bears South 74 degrees 38 minutes 37 seconds East a
37.20 distance of 33.00 feet from a found 1/2" iron pin set by Lehman
37.21 in his 1948 survey at the approximate centerline of said County
37.22 Road 213; thence South 14 degrees 52 minutes 10 seconds West
37.23 along said easterly line of County Road 213 a distance of 338.93
37.24 feet to a 1/2" iron pipe monument capped RLS 10832 which bears
37.25 South 41 degrees 39 minutes 13 seconds East a distance of 39.56
37.26 feet from a found 1/2" diameter iron pin set by Lehman in said
37.27 survey at the approximate centerline of said County Road 213;
37.28 thence continuing South 14 degrees 52 minutes 10 seconds West
37.29 along said easterly right-of-way line a distance of 44 feet,
37.30 more or less, to the northerly bank of the Little Elk River,
37.31 said bank coinciding with the shoreline; thence southeasterly
37.32 963 feet, more or less, along said northerly bank of the Little
37.33 Elk River to its confluence with the Mississippi River; thence
37.34 northerly along the bank and shoreline of said Mississippi River
37.35 a distance of 2807 feet, more or less, to its intersection with
37.36 the said common line between Nelson and Schoessling; thence
38.1 North 89 degrees 53 minutes 26 seconds West along said common
38.2 line a distance of 7 feet, more or less, to a found 1/2"
38.3 diameter iron pipe monument capped RLS 3091, one of four
38.4 consecutive monuments set on said common line by Dean Anderson
38.5 in his survey dated February 15, 1973; thence continuing North
38.6 89 degrees 53 minutes 26 seconds West on said common line a
38.7 distance of 370.36 feet to a found 1/2" diameter iron pipe
38.8 monument capped RLS 3091; thence continuing on said common line
38.9 North 89 degrees 59 minutes 46 seconds West a distance of 242.55
38.10 feet to a found 1/2" diameter iron pipe monument capped RLS
38.11 3091; thence continuing on said common line North 89 degrees 59
38.12 minutes 51 seconds West a distance of 387.43 feet to a 1/2"
38.13 diameter iron pipe monument capped RLS 3091; thence continuing
38.14 on said common line North 89 degrees 38 minutes 12 seconds West
38.15 a distance of 239.51 feet to a 5/8" diameter iron pin set by
38.16 Lehman in his 1948 survey, the point of beginning, and there
38.17 terminating, all in accordance with the survey of Ron Murphy,
38.18 RLS 10832, dated January 20, 1983. Containing 67.80 acres, more
38.19 or less, this description is intended to describe all real
38.20 estate described in Certificates of Title Numbers 848 and 855.
38.21 Subd. 2. [85.012] [Subd. 14.] [CROW WING STATE PARK, CROW
38.22 WING, CASS, AND MORRISON COUNTIES.] The following area is added
38.23 to Crow Wing State Park, all in Section 18, Township 44, Range
38.24 31, Crow Wing County: the Northwest Quarter of the Northeast
38.25 Quarter except the South 330 feet thereof, and the Northeast
38.26 Quarter of the Northeast Quarter except the South 330 feet
38.27 thereof; except that part of the Northeast Quarter of the
38.28 Northeast Quarter described as follows: Commencing at the
38.29 northeast corner of the said Northeast Quarter of the Northeast
38.30 Quarter; thence West 660 feet on the north line of said
38.31 Northeast Quarter of the Northeast Quarter; thence South 330
38.32 feet parallel to the east line of said Northeast Quarter of the
38.33 Northeast Quarter; thence East 660 feet to the east line of said
38.34 Northeast Quarter of the Northeast Quarter (said line being
38.35 parallel to the north line to said Northeast Quarter of the
38.36 Northeast Quarter); thence North on the east line of said
39.1 Northeast Quarter of the Northeast Quarter 330 feet to the point
39.2 of beginning.
39.3 Subd. 3. [85.012] [Subd. 19.] [FORESTVILLE MYSTERY CAVE
39.4 STATE PARK, FILLMORE COUNTY.] (a) The following areas are added
39.5 to Forestville State Park, all in Township 102 North, Range 12
39.6 West, Fillmore County:
39.7 (1) that part of the Southeast Quarter of the Northwest
39.8 Quarter and that part of the Northeast Quarter of the Southwest
39.9 Quarter of Section 25, described as follows: Beginning at the
39.10 northeast corner of said Southeast Quarter of the Northwest
39.11 Quarter; thence on a bearing, based on the 1983 Fillmore County
39.12 Coordinate System (1986 Adjustment), of South 00 degrees 06
39.13 minutes 09 seconds West along the east line of said Southeast
39.14 Quarter of the Northwest Quarter 1314.86 feet to the northeast
39.15 corner of said Northeast Quarter of the Southwest Quarter;
39.16 thence continuing South 00 degrees 06 minutes 09 seconds West
39.17 along the east line of said Northeast Quarter of the Southwest
39.18 Quarter 1306.56 feet to the southeast corner of said Northeast
39.19 Quarter of the Southwest Quarter; thence South 89 degrees 26
39.20 minutes 26 seconds West along the south line of said Northeast
39.21 Quarter of the Southwest Quarter 13.50 feet; thence North 00
39.22 degrees 54 minutes 48 seconds West 1441.34 feet; thence North 02
39.23 degrees 12 minutes 23 seconds West 298.58 feet; thence North 01
39.24 degree 21 minutes 29 seconds West 483.51 feet; thence North 00
39.25 degrees 04 minutes 31 seconds East 397.73 feet to the north line
39.26 of said Southeast Quarter of the Northwest Quarter; thence North
39.27 89 degrees 09 minutes 53 seconds East along said north line
39.28 63.60 feet to the point of beginning; and
39.29 (2) that part of the West Half of the Northeast Quarter and
39.30 that part of the Northwest Quarter of the Southeast Quarter of
39.31 Section 25, described as follows: Commencing at the northwest
39.32 corner of said West Half of the Northeast Quarter being an in
39.33 place Fillmore County cast iron monument; thence on a bearing,
39.34 based on the 1983 Fillmore County Coordinate System (1986
39.35 Adjustment), of South 00 degrees 06 minutes 09 seconds West
39.36 along the west line of said West Half of the Northeast Quarter
40.1 1169.24 feet to a 3/4" by 24" rebar with a plastic cap stamped
40.2 "MN DNR LS 17003" (DNR MON) and the point of beginning; thence
40.3 North 89 degrees 57 minutes 41 seconds East 1000.00 feet to a
40.4 DNR MON; thence South 00 degrees 06 minutes 09 seconds West
40.5 1638.29 feet to a DNR MON; thence South 89 degrees 57 minutes 41
40.6 seconds West 1000.00 feet to the west line of said Northwest
40.7 Quarter of the Southeast Quarter and a DNR MON; thence North 00
40.8 degrees 06 minutes 09 seconds East along the west line of said
40.9 Northwest Quarter of the Southeast Quarter and along the west
40.10 line of said West Half of the Northeast Quarter 1638.29 feet to
40.11 the point of beginning.
40.12 (b) The commissioner shall manage this addition as a state
40.13 park as provided in Minnesota Statutes, section 86A.05,
40.14 subdivision 2, but in addition to other activities authorized in
40.15 Forestville Mystery Cave State Park, the commissioner shall
40.16 allow hunting.
40.17 Subd. 4. [85.012] [Subd. 22.] [GEORGE H. CROSBY MANITOU
40.18 STATE PARK, LAKE COUNTY.] The following area is added to George
40.19 H. Crosby Manitou State Park, Lake County, all in Township 58
40.20 North, Range 6 West: the Southeast Quarter of the Northwest
40.21 Quarter of Section 14; the Southwest Quarter of the Northeast
40.22 Quarter and the Southeast Quarter of the Northwest Quarter of
40.23 Section 15; the Southwest Quarter of the Northwest Quarter and
40.24 the Northwest Quarter of the Southwest Quarter of Section 23;
40.25 and the Southwest Quarter of the Northwest Quarter of Section 26.
40.26 Subd. 5. [85.012] [Subd. 29.] [ITASCA STATE PARK, HUBBARD,
40.27 CLEARWATER, AND BECKER COUNTIES.] The following areas are added
40.28 to Itasca State Park, all in Township 142, Range 36, Becker
40.29 County:
40.30 (1) Bureau of Land Management Island County Control Number
40.31 7 within Twin Island Lake and located in that part of the
40.32 Southwest Quarter of the Southwest Quarter of Section 5; that
40.33 part of the Southeast Quarter of the Southeast Quarter of
40.34 Section 6; that part of the Northeast Quarter of the Northeast
40.35 Quarter of Section 7; and that part of the Northwest Quarter of
40.36 the Northwest Quarter of Section 8; and
41.1 (2) Bureau of Land Management Island County Control Number
41.2 8 within Twin Island Lake and located in that part of the
41.3 Northeast Quarter of the Northeast Quarter of Section 7.
41.4 Subd. 6. [85.012] [Subd. 41.] [MAPLEWOOD STATE PARK, OTTER
41.5 TAIL COUNTY.] The following area is added to Maplewood State
41.6 Park, Otter Tail County: Bureau of Land Management Island
41.7 County Control Number 86 within South Arm Lida Lake and located
41.8 in that part of the Northwest Quarter of the Southeast Quarter
41.9 of Section 32, Township 136, Range 42.
41.10 Subd. 7. [85.012] [Subd. 44.] [MONSON LAKE STATE PARK,
41.11 SWIFT COUNTY.] The following areas are added to Monson Lake
41.12 State Park, Swift County:
41.13 (1) Bureau of Land Management Island County Control Number
41.14 001 within Monson Lake and located in that part of Government
41.15 Lot 1, Section 2, Township 121, Range 37; and
41.16 (2) that part of Government Lot 1, Section 35, Township 122
41.17 North, Range 37 West, Swift County, Minnesota, described as
41.18 follows: Commencing at Government Meander Corner No. 2 (being
41.19 the meander corner common to Section 35 and Section 36, Township
41.20 122 North, Range 37 West); thence southwesterly a distance of
41.21 170 feet along the government meander line in said Section 35 to
41.22 the POINT OF BEGINNING; thence continuing southwesterly, a
41.23 distance of 445 feet along said meander line to the meander
41.24 corner; thence West, a distance of 328 feet along the south line
41.25 of said Government Lot 1 to the meander corner; thence
41.26 northwesterly, a distance of 214 feet along the meander line in
41.27 said Section 35; thence northeasterly, a distance of 620 feet to
41.28 the point of beginning.
41.29 Subd. 8. [85.012] [Subd. 55a.] [TETTEGOUCHE STATE PARK,
41.30 LAKE COUNTY.] The following areas are added to Tettegouche State
41.31 Park, Lake County:
41.32 (1) the West Half of the Southwest Quarter of the Northwest
41.33 Quarter of the Southwest Quarter lying south and west of the
41.34 Baptism River in Section 3; the East Half of the Southeast
41.35 Quarter lying south and west of the Baptism River in Section 4;
41.36 that part of the Northeast Quarter of the Northwest Quarter in
42.1 Section 10, lying south of the centerline of State Highway No.
42.2 1, except that part thereof lying north of a line parallel to
42.3 and 560 feet northerly distant from the south line of said
42.4 Northeast Quarter of the Northwest Quarter, and between two
42.5 lines parallel to and distant, respectively, 100 feet and 420
42.6 feet westerly distant from the east line of said Northeast
42.7 Quarter of the Northwest Quarter; the West 450 feet of the
42.8 Southeast Quarter of the Southwest Quarter of Section 11,
42.9 excepting therefrom, the South 425 feet; all that part of
42.10 Government Lot Two (2), Section Fifteen (15), Township Fifty-six
42.11 (56), Range Seven (7) West, lying southeasterly of U.S. No.
42.12 Highway 61, EXCEPT that part of Government Lot Two, described as
42.13 follows: Commencing at the quarter corner between said Sections
42.14 15 and 22, 56-7, thence running East along section line between
42.15 said Sections 15 and 22 to a point 503.0 feet East of said
42.16 quarter corner, thence turning an angle of 75 degrees 00 minutes
42.17 to the left and running 425.0 feet to a point designated by a
42.18 2-inch iron pipe, being the point of beginning, thence running
42.19 in a northwesterly direction to a point on the west boundary
42.20 line of Government Lot Two, which will be approximately 970.0
42.21 feet north of the quarter corner between said Sections 15 and
42.22 22, thence North along west boundary line of Government Lot Two
42.23 to the northwest corner of Government Lot Two, thence East along
42.24 north boundary line of Government Lot Two approximately 240.0
42.25 feet, thence in southeasterly direction to a point on east side
42.26 of point of rocks projecting into Lake Superior marked with an
42.27 X, thence in a southwesterly direction along the shore of Lake
42.28 Superior to the point of beginning. (X mark on rock being in a
42.29 line making a deflection angle of 45 degrees 51 minutes to the
42.30 left with east and west section line from a point on the section
42.31 line 503.0 feet East of the quarter corner between Sections 15
42.32 and 22 and being approximately 830 feet from said point on said
42.33 section line.) Said parcel to contain ten (10) acres and to be
42.34 subject to existing right-of-way easements and all mineral and
42.35 gravel rights heretofore granted, AND EXCEPT that part of
42.36 Government Lot Two, described as follows: Commencing at the
43.1 northeast corner of Government Lot Two marked by an iron pipe,
43.2 set in 1964 by Tofte, Lice #2888, thence South 89 degrees 49
43.3 minutes 00 seconds West, assumed bearing, along the north line
43.4 of said Lot 2 a distance of 599.2 feet; thence southwesterly
43.5 105.69 feet along a non-tangential curve to the right, radius of
43.6 2864.79 feet, delta angle of 02 degrees 06 minutes 50 seconds,
43.7 chord of 105.69 feet, chord bearing of South 32 degrees 14
43.8 minutes 35 seconds West; thence South 33 degrees 18 minutes 00
43.9 seconds West 193.70 feet to the Point of Beginning of the parcel
43.10 herein described: thence returning North 33 degrees 18 minutes
43.11 00 seconds East 20.17 feet; thence South 70 degrees 21 minutes
43.12 14 seconds East 51.45 feet; thence South 62 degrees 07 minutes
43.13 40 seconds East 389.11 feet; thence South 81 degrees 45 minutes
43.14 44 seconds East 100.18 feet; thence South 72 degrees 51 minutes
43.15 58 seconds East 181 feet more or less to the shore of Lake
43.16 Superior; thence southwesterly along said shore 265 feet more or
43.17 less to the intersection with a line bearing South 47 degrees 37
43.18 minutes 00 seconds East from the point of beginning; thence
43.19 North 47 degrees 37 minutes 00 seconds West 697 feet more or
43.20 less to the point of beginning; all that part of the Southeast
43.21 Quarter of the Southwest Quarter of Section Fifteen (15),
43.22 Township Fifty-six (56), Range Seven (7) West, lying
43.23 southeasterly of U.S. Highway No. 61; all that part of
43.24 Government Lot 1 lying southeast of U.S.T.H. No. 61; the North
43.25 Half of Government Lot 2; and that part of the Southwest Quarter
43.26 of the Northwest Quarter lying south and east of Highway 61 in
43.27 Section 22; all in Township 56 North, Range 7 West; and
43.28 (2) that part of the Northeast Quarter of the Southwest
43.29 Quarter and that part of the Southeast Quarter of the Southwest
43.30 Quarter lying east of County Road 4 in Section 31, Township 57
43.31 North, Range 7 West.
43.32 Sec. 12. [ADDITIONS TO CUYUNA COUNTRY STATE RECREATION
43.33 AREA.]
43.34 [85.013] [Subd. 5c.] [CUYUNA COUNTRY STATE RECREATION AREA,
43.35 CROW WING COUNTY.] The following areas are added to Cuyuna
43.36 Country State Recreation Area, Crow Wing County:
44.1 The South Half of the Southwest Quarter of the Southwest
44.2 Quarter of Section 2 and the North Half of the Northwest Quarter
44.3 of the Northwest Quarter of Section 11, all in Township 46
44.4 North, Range 29 West, EXCEPT that part of the South Half of the
44.5 Southwest Quarter of the Southwest Quarter of Section 2 and that
44.6 part of the North Half of the Northwest Quarter of the Northwest
44.7 Quarter of Section 11 described as follows: Commencing at the
44.8 southwest corner of said Section 2; thence North 88 degrees 57
44.9 minutes 16 seconds East, assumed bearing, 30.00 feet along the
44.10 south line of said Section 2 to the easterly right-of-way line
44.11 of County State-Aid Highway 30, the point of beginning; thence
44.12 North 2 degrees 21 minutes 01 second West 123.00 feet along said
44.13 easterly right-of-way line; thence North 83 degrees 57 minutes
44.14 East 70.27 feet; thence easterly 48.57 feet along a tangential
44.15 curve concave to the south having a radius of 270.63 feet and a
44.16 central angle of 10 degrees 17 minutes; thence South 85 degrees
44.17 46 minutes East 145.77 feet; thence South 76 degrees 24 minutes
44.18 East 191.00 feet; thence South 7 degrees 28 minutes 16 seconds
44.19 West 385.13 feet; thence North 77 degrees 48 minutes West 43.50
44.20 feet; thence North 86 degrees 55 minutes 30 seconds West 360.00
44.21 feet to the easterly right-of-way line of County State-Aid
44.22 Highway 30; thence North 1 degree 35 minutes 26 seconds East
44.23 278.06 feet along said easterly right-of-way line to the point
44.24 of beginning; AND ALSO EXCEPT that part of the South Half of the
44.25 Southwest Quarter of the Southwest Quarter of Section 2 and that
44.26 part of the North Half of the Northwest Quarter of the Northwest
44.27 Quarter of Section 11, both in Township 46 North, Range 29 West,
44.28 described as follows: Commencing at the southwest corner of
44.29 said Section 2; thence North 88 degrees 57 minutes 16 seconds
44.30 East, assumed bearing, 30.00 feet along the south line of said
44.31 Section 2 to the easterly right-of-way line of County State-Aid
44.32 Highway 30; thence North 2 degrees 21 minutes 01 second West
44.33 189.14 feet along said easterly right-of-way line to the point
44.34 of beginning; thence North 83 degrees 57 minutes East 66.00
44.35 feet; thence easterly 60.42 feet along a tangential curve
44.36 concave to the south having a radius of 336.63 feet and a
45.1 central angle of 10 degrees 17 minutes; thence South 85 degrees
45.2 46 minutes East 151.18 feet; thence South 76 degrees 24 minutes
45.3 East 363.20 feet; thence easterly 59.36 feet along a tangential
45.4 curve concave to the north having a radius of 135.70 feet and a
45.5 central angle of 25 degrees 03 minutes 46 seconds; thence South
45.6 13 degrees 51 minutes East 328.09 feet not tangent to the last
45.7 described curve; thence South 87 degrees 52 minutes 02 seconds
45.8 East 159.65 feet; thence North 11 degrees 39 minutes East 297.32
45.9 feet; thence North 42 degrees 20 minutes East 156.65 feet;
45.10 thence North 22 degrees 30 minutes East 340.27 feet to the east
45.11 line of said South Half of the Southwest Quarter of the
45.12 Southwest Quarter; thence North 1 degree 42 minutes 42 seconds
45.13 West 189.62 feet along the east line of said South Half of the
45.14 Southwest Quarter of the Southwest Quarter to the northeast
45.15 corner of said South Half of the Southwest Quarter of the
45.16 Southwest Quarter; thence South 88 degrees 46 minutes 22 seconds
45.17 West 1236.37 feet along the north line of said South Half of the
45.18 Southwest Quarter of the Southwest Quarter to the easterly
45.19 right-of-way line of said County State-Aid Highway 30; thence
45.20 South 2 degrees 21 minutes 01 second East 470.58 feet along said
45.21 easterly right-of-way line to the point of beginning; AND ALSO
45.22 EXCEPT that part of the South Half of the Southwest Quarter of
45.23 the Southwest Quarter of Section 2 and that part of the North
45.24 Half of the Northwest Quarter of the Northwest Quarter of
45.25 Section 11, both in Township 46, Range 29, Crow Wing County,
45.26 Minnesota, described as follows: Commencing at the southwest
45.27 corner of said Section 2; thence North 88 degrees 57 minutes 16
45.28 seconds East, assumed bearing 30.00 feet along the south line of
45.29 said Section 2 to the easterly right-of-way line of County
45.30 State-Aid Highway 30; thence North 2 degrees 21 minutes 01
45.31 second West 123.00 feet along said easterly right-of-way line;
45.32 thence North 83 degrees 57 minutes East 70.27 feet; thence
45.33 easterly 48.57 feet along a tangential curve concave to the
45.34 south having a radius of 270.63 feet and a central angle of 10
45.35 degrees 17 minutes; thence South 85 degrees 46 minutes East
45.36 145.77 feet; thence South 76 degrees 24 minutes East 191.00 feet
46.1 to the point of beginning; thence continuing South 76 degrees 24
46.2 minutes East 166.79 feet; thence easterly 90.97 feet along a
46.3 tangential curve concave to the north having a radius of 201.70
46.4 feet and a central angle of 25 degrees 50 minutes 33 seconds;
46.5 thence South 13 degrees 51 minutes East 262.06 feet not tangent
46.6 to the last described curve; thence South 54 degrees 56 minutes
46.7 West 221.00 feet; thence North 77 degrees 48 minutes West 188.50
46.8 feet; thence North 7 degrees 28 minutes 16 seconds East 385.13
46.9 feet to the point of beginning; AND ALSO EXCEPT that part of the
46.10 South Half of the Southwest Quarter of the Southwest Quarter of
46.11 Section 2 and that part of the North Half of the Northwest
46.12 Quarter of the Northwest Quarter of Section 11, both in Township
46.13 46, Range 29, Crow Wing County, Minnesota, described as
46.14 follows: Commencing at the southwest corner of said Section 2;
46.15 thence North 88 degrees 57 minutes 16 seconds East, assumed
46.16 bearing 30.00 feet along the south line of said Section 2 to the
46.17 easterly right-of-way line of County State-Aid Highway 30;
46.18 thence North 2 degrees 21 minutes 01 second West 123.00 feet
46.19 along said easterly right-of-way line to the point of beginning;
46.20 thence North 83 degrees 57 minutes East 70.27 feet; thence
46.21 easterly 48.57 feet along a tangential curve concave to the
46.22 south having a radius of 270.63 feet and a central angle of 10
46.23 degrees 17 minutes; thence South 85 degrees 46 minutes East
46.24 145.77 feet; thence South 76 degrees 24 minutes East 357.79
46.25 feet; thence easterly 90.97 feet along a tangential curve
46.26 concave to the north having a radius of 201.70 feet and a
46.27 central angle of 25 degrees 50 minutes 33 seconds; thence North
46.28 13 degrees 51 minutes West 66.03 feet not tangent to the last
46.29 described curve; thence westerly 59.36 feet along a
46.30 non-tangential curve concave to the north having a radius of
46.31 135.70 feet and a central angle of 25 degrees 03 minutes 46
46.32 seconds; thence North 76 degrees 24 minutes West 363.20 feet;
46.33 thence North 85 degrees 46 minutes West 151.18 feet; thence
46.34 westerly 60.42 feet along a tangential curve concave to the
46.35 south having a radius of 336.63 feet and a central angle of 10
46.36 degrees 17 minutes; thence South 83 degrees 57 minutes West
47.1 66.00 feet to the easterly right-of-way line of said County
47.2 State-Aid Highway 30; thence South 2 degrees 21 minutes 01
47.3 second East 66.14 feet along said easterly right-of-way line to
47.4 the point of beginning.
47.5 Sec. 13. [AITKIN DRAINAGE AND CONSERVANCY DISTRICT.]
47.6 Notwithstanding Laws 1987, chapter 239, sections 137 and
47.7 140, the Aitkin Drainage and Conservancy District is
47.8 reestablished pursuant to Minnesota Statutes 1986, chapter 111,
47.9 for the purpose of maintaining the Mississippi River diversion
47.10 channel.
47.11 [EFFECTIVE DATE.] This section is effective the day
47.12 following final enactment.
47.13 Sec. 14. [ADDITIONS TO BELTRAMI ISLAND STATE FOREST.]
47.14 [89.021] [Subd. 5.] [BELTRAMI ISLAND STATE FOREST.] The
47.15 following areas are added to Beltrami Island State Forest:
47.16 (1) the Southwest Quarter of the Southeast Quarter of
47.17 Section 29, Township 156 North, Range 37 West, Beltrami County;
47.18 and
47.19 (2) the North Half of the Northeast Quarter; the Southwest
47.20 Quarter of the Northeast Quarter; and the North Half of the
47.21 Northwest Quarter, all in Section 17, Township 156 North, Range
47.22 37 West, Beltrami County.
47.23 Sec. 15. [ADDITIONS TO STATE WILDLIFE MANAGEMENT AREAS.]
47.24 Subdivision 1. [97A.133] [Subd. 34.] [LEE WILDLIFE
47.25 MANAGEMENT AREA, BELTRAMI COUNTY.] The following area is added
47.26 to Lee Wildlife Management Area: the Southwest Quarter of the
47.27 Northwest Quarter of Section 35, Township 155 North, Range 38
47.28 West, Beltrami County.
47.29 Subd. 2. [97A.133] [Subd. 44.] [RED LAKE WILDLIFE
47.30 MANAGEMENT AREA, BELTRAMI COUNTY.] The following area is added
47.31 to Red Lake Wildlife Management Area: the Northeast Quarter of
47.32 Section 28, Township 155 North, Range 32 West, Beltrami County.
47.33 Subd. 3. [97A.133] [Subd. 50.] [SAW-WHET WILDLIFE
47.34 MANAGEMENT AREA, BELTRAMI COUNTY.] The following area is added
47.35 to Saw-Whet Wildlife Management Area: the Southwest Quarter of
47.36 the Southwest Quarter; and the Southwest Quarter of the
48.1 Southeast Quarter, all in Section 8, Township 155 North, Range
48.2 37 West, Beltrami County.
48.3 Sec. 16. [EFFECTIVE DATE.]
48.4 Sections 1 to 5, 7 to 12, 14, and 15 are effective July 1,
48.5 2004.
48.6 ARTICLE 3
48.7 STATE LAND SALES
48.8 Section 1. Laws 1999, chapter 161, section 31, subdivision
48.9 3, is amended to read:
48.10 Subd. 3. [APPRAISAL.] (a) An appraisal shall be made in
48.11 accordance with Minnesota Statutes, section 282.01, subdivision
48.12 3, except as modified by this subdivision. Improvements that
48.13 are owned by the lessee shall be appraised separately.
48.14 (b) An appraiser shall be selected by the county. The
48.15 appraiser selected shall meet the minimal appraisal standards
48.16 established by the federal Farmers Home Administration or the
48.17 federal Veterans Administration, and be licensed under Minnesota
48.18 Statutes, section 82B.03, and be approved by the department of
48.19 natural resources to appraise the property to be sold.
48.20 (c) The costs of appraisal shall be allocated by the county
48.21 to the lots offered for sale and the successful purchaser on
48.22 each lot shall reimburse the county for the appraisal costs
48.23 allocated to the lot purchased. If no one purchases a lot, the
48.24 county is responsible for the appraisal cost.
48.25 (d) If a leaseholder disagrees with the appraised value of
48.26 the land or leasehold improvements, the leaseholder may select
48.27 an appraiser that meets the qualifications set forth herein to
48.28 reappraise the land and improvements. The leaseholder must give
48.29 notice of its intent to object to the appraised value of the
48.30 land and buildings within ten days of the date of the mailing or
48.31 service of notice under subdivision 2, paragraph (a). The
48.32 reappraisal must be delivered by the leaseholder to the county
48.33 auditor within 60 days of the date of mailing or service of
48.34 notice of appraised value under subdivision 2, paragraph (a), or
48.35 the initial appraisal shall be conclusive. The leaseholder is
48.36 responsible for the costs of this reappraisal. If the parcel is
49.1 reappraised within the time set forth herein and the county and
49.2 the leaseholder fail to agree on the value of the land and
49.3 improvements within 30 days of the date of delivery of the
49.4 reappraisal by a date set by the county, each of the appraisers
49.5 shall agree upon the selection of a third appraiser to conduct a
49.6 third appraisal that shall be conclusive as to the value of
49.7 the land and improvements. The cost of this appraisal shall be
49.8 paid equally by the county and the leaseholder.
49.9 Sec. 2. Laws 1999, chapter 161, section 31, subdivision 5,
49.10 is amended to read:
49.11 Subd. 5. [SURVEY.] (a) Itasca county shall cause each lot
49.12 to be surveyed according to Minnesota Statutes, chapter 505, and
49.13 the Itasca county platting and subdivision ordinance, each lot
49.14 prior to offering it for sale by a licensed surveyor.
49.15 (b) The costs of survey shall be allocated by the county to
49.16 the lots offered for sale and the successful purchaser on each
49.17 lot shall reimburse the county for the survey costs allocated to
49.18 the lot purchased. If no one purchases the lot, the county is
49.19 responsible for the survey costs. All surveying must be
49.20 conducted by a licensed surveyor.
49.21 Sec. 3. Laws 1999, chapter 161, section 31, subdivision 8,
49.22 is amended to read:
49.23 Subd. 8. [SUNSET.] This section expires five years after
49.24 the day of final enactment on June 1, 2007.
49.25 Sec. 4. Laws 2003, First Special Session chapter 13,
49.26 section 16, is amended to read:
49.27 Sec. 16. [PRIVATE SALE OF CONSOLIDATED CONSERVATION LAND;
49.28 BELTRAMI COUNTY.]
49.29 (a) Notwithstanding the classification and public sale
49.30 provisions of Minnesota Statutes, chapters 84A and 282, the
49.31 commissioner of natural resources may sell to Waskish township
49.32 the consolidated conservation state's interest in land that is
49.33 described in paragraph (c) under the remaining provisions of
49.34 Minnesota Statutes, chapters 84A and 282.
49.35 (b) The conveyance must be in a form approved by the
49.36 attorney general and must provide that the land reverts to the
50.1 state if it is not used for public airport purposes. The
50.2 conveyance must reserve an easement to ensure public access and
50.3 state management access to the public and private lands to the
50.4 west and south. The attorney general may make necessary changes
50.5 in the legal description to correct errors and ensure accuracy.
50.6 The consideration for the conveyance must not be less than the
50.7 appraised value of the land and timber and any survey costs.
50.8 Proceeds shall be disposed of according to Minnesota Statutes,
50.9 chapter 84A. No payments made under State Lease Numbered
50.10 144-015-0558 will be refunded, but payments made may be credited
50.11 against the payments due.
50.12 (c) The land and interests in land that may be conveyed is
50.13 located in Beltrami county and is described as: the Southwest
50.14 Quarter of the Northeast Quarter; the Northeast Quarter of the
50.15 Southwest Quarter; the North 10 acres of the Southeast Quarter
50.16 of the Southwest Quarter; and the West 10 acres of the Northwest
50.17 Quarter of the Southeast Quarter, all in Section 20, Township
50.18 154 North, Range 30 West.
50.19 Sec. 5. [DELETION FROM GEORGE WASHINGTON STATE FOREST.]
50.20 [89.021] [Subd. 21.] [GEORGE WASHINGTON STATE FOREST.] The
50.21 following area is deleted from George Washington State Forest,
50.22 Itasca County: that part of the Northeast Quarter of the
50.23 Southeast Quarter of Section 1, Township 59 North, Range 25
50.24 West, lying northeasterly of County State-Aid Highway 7,
50.25 containing 1.20 acres more or less.
50.26 Sec. 6. [DELETION FROM FOOT HILLS STATE FOREST.]
50.27 [89.021] [Subd. 19.] [FOOT HILLS STATE FOREST.] The
50.28 following area is deleted from Foot Hills State Forest, Cass
50.29 County: Lot Four (4), Section 8, Township 140 North, Range 31
50.30 West, except that part of the E. 300 ft. thereof lying N. of the
50.31 centerline of the Hiram Township road known as Mountain Maple
50.32 Lane. A more exact legal description will not be known until a
50.33 survey is completed to delineate the sale parcel from the water
50.34 access site to be retained. The portion of the lot to be sold
50.35 at public sale does not contain lakeshore. The lakeshore will
50.36 be retained as part of the water access site.
51.1 Sec. 7. [DELETION FROM PAUL BUNYAN STATE FOREST.]
51.2 [89.021] [Subd. 38.] [PAUL BUNYAN STATE FOREST.] The
51.3 following area is deleted from Paul Bunyan State Forest, Hubbard
51.4 County: that part of the Southwest Quarter of the Northwest
51.5 Quarter (SW1/4-NW1/4), Section 36, Township 142 North, Range 34
51.6 West, described as follows: Beginning at the W. quarter corner
51.7 of Section 36, Township 142, Range 34, proceed N. on the section
51.8 line 824.25 ft., thence S. 89 deg. 56 min. 44 sec. E. 100 ft.,
51.9 thence S. parallel to the section line 824.25 ft., thence N. 89
51.10 deg. 56 min. 44 sec. W. 100 ft. to the point of beginning,
51.11 comprising 1.89 acres.
51.12 Sec. 8. [DELETION FROM MISSISSIPPI RECREATIONAL RIVER LAND
51.13 USE DISTRICT IN WRIGHT COUNTY.]
51.14 The following area is deleted from the Mississippi
51.15 Recreational River Land Use District in Wright County: that
51.16 part of government lots 1 and 2 of Section 14, Government lot 1
51.17 of Section 23, and the southeast quarter of Section 15, Township
51.18 121 North, Range 23 West, lying beyond 300 feet of the ordinary
51.19 high water level of the Mississippi River.
51.20 Sec. 9. [PRIVATE SALE OF TAX-FORFEITED LAND; AITKIN
51.21 COUNTY.]
51.22 (a) Notwithstanding the public sale provisions of Minnesota
51.23 Statutes, chapter 282, or other law to the contrary, Aitkin
51.24 County may sell by private sale the tax-forfeited land described
51.25 in paragraph (c).
51.26 (b) The conveyance must be in a form approved by the
51.27 attorney general for no less than the appraised value of the
51.28 land.
51.29 (c) The land to be sold is located in Aitkin County and is
51.30 described as: 208 feet by 208 feet in Government Lot 3, as in
51.31 Document #176347, Section 33, Township 45 North, Range 27 West
51.32 (PIN 11-0-074000).
51.33 (d) The sale corrects an inadvertent trespass and the
51.34 county has determined that the county's land management
51.35 interests would best be served if the lands were returned to
51.36 private ownership.
52.1 Sec. 10. [PRIVATE SALE OF CONSOLIDATED CONSERVATION LAND;
52.2 AITKIN COUNTY.]
52.3 (a) Notwithstanding the classification and public sale
52.4 provisions of Minnesota Statutes, chapters 84A and 282, the
52.5 commissioner of natural resources may sell to Shamrock Township
52.6 the consolidated conservation land described in paragraph (c)
52.7 under the remaining provisions of Minnesota Statutes, chapters
52.8 84A and 282.
52.9 (b) The conveyance must be in a form approved by the
52.10 attorney general. The consideration for the conveyance must be
52.11 for no less than the appraised value of the land and timber and
52.12 any survey costs. Proceeds shall be disposed of according to
52.13 Minnesota Statutes, chapter 84A.
52.14 (c) The land to be sold is located in Aitkin County and is
52.15 described as: that part of the Southeast Quarter of the
52.16 Southeast Quarter lying north of the township road in Section 9,
52.17 Township 49 North, Range 23 West.
52.18 Sec. 11. [PUBLIC SALE OF TAX-FORFEITED LAND BORDERING
52.19 PUBLIC WATER; AITKIN COUNTY.]
52.20 (a) Notwithstanding Minnesota Statutes, sections 92.45 and
52.21 282.018, subdivision 1, Aitkin County may sell the tax-forfeited
52.22 land bordering public water that is described in paragraph (c),
52.23 under the remaining provisions of Minnesota Statutes, chapter
52.24 282.
52.25 (b) The conveyance must be in a form approved by the
52.26 attorney general.
52.27 (c) The land to be sold is located in Aitkin County and is
52.28 described as: the East 400 feet of the West 1,150 feet of
52.29 Government Lot 7, Section 3, Township 51 North, Range 23 West
52.30 (PIN 06-0-005200).
52.31 (d) The county has determined that the county's land
52.32 management interests would best be served if the lands were
52.33 returned to private ownership.
52.34 Sec. 12. [PUBLIC SALE OF SURPLUS STATE LAND; BELTRAMI
52.35 COUNTY.]
52.36 (a) Notwithstanding Minnesota Statutes, section 94.10, the
53.1 commissioner of natural resources may sell by public sale, for
53.2 less than the appraised value, the surplus land that is
53.3 described in paragraph (c).
53.4 (b) The conveyance must be in a form approved by the
53.5 attorney general. The attorney general may make necessary
53.6 changes in the legal description to correct errors and ensure
53.7 accuracy.
53.8 (c) The land to be sold is located in Beltrami County and
53.9 is described as: the Southeast Quarter of the Northeast Quarter
53.10 of Section 32 and the Southwest Quarter of the Northwest Quarter
53.11 of Section 33, all in Township 147 North, Range 34 West.
53.12 (d) The land described in paragraph (c) is a former gravel
53.13 pit and the commissioner of natural resources has determined
53.14 that the land is no longer necessary for natural resource
53.15 purposes. The land has been offered at public auction and
53.16 received no bids.
53.17 Sec. 13. [PUBLIC SALE OF TAX-FORFEITED LAND BORDERING
53.18 PUBLIC WATER; CHISAGO COUNTY.]
53.19 (a) Notwithstanding Minnesota Statutes, sections 92.45 and
53.20 282.018, subdivision 1, Chisago County may sell the
53.21 tax-forfeited land bordering public water that is described in
53.22 paragraph (c), under the remaining provisions of Minnesota
53.23 Statutes, chapter 282.
53.24 (b) The conveyance must be in a form approved by the
53.25 attorney general.
53.26 (c) The land to be sold is located in Chisago County and is
53.27 described as:
53.28 (1) an undivided 4/7th interest in and to that part of
53.29 Government Lot 3 described as follows: Beginning at the
53.30 southwest corner of the recorded plat of Bergquist's Beach;
53.31 thence South 64 degrees 16 minutes East, along the southerly
53.32 line of Bergquist's Beach, a distance of 216 feet more or less
53.33 to the high water line of North Center Lake; thence southerly
53.34 along the high water line of the bay to North Center Lake, a
53.35 distance of 300 feet more or less, to the point of intersection
53.36 with the southerly projection of the westerly line of
54.1 Bergquist's Beach; thence North 16 degrees 18 minutes East along
54.2 said southerly projection of the westerly line of Bergquist's
54.3 Beach a distance of 50 feet more or less to the point of
54.4 beginning, Section 21, Township 34, Range 21;
54.5 (2) all that part of the Northeast Quarter of the Northwest
54.6 Quarter lying south of the centerline of County Ditch No. 5,
54.7 Section 9, Township 34, Range 21;
54.8 (3) the West Half of the Northeast Quarter of the Southeast
54.9 Quarter, Section 32, Township 33, Range 21;
54.10 (4) that part of the Northwest Quarter of the Southeast
54.11 Quarter described as follows: Beginning at the center of
54.12 Section 32; thence South along the north/south quarter line of
54.13 Section 32, 446 feet; thence East deflecting 90 degrees to the
54.14 left 126.20 feet to the point of beginning on the easterly
54.15 right-of-way line of Trunk Highway No. 61; thence continuing
54.16 East along the easterly projection of the last described course
54.17 469.20 feet to a point 595.40 feet East of the west line of the
54.18 Northwest Quarter of the Southeast Quarter; thence North
54.19 deflecting 90 degrees to the left 178.20 feet; thence East
54.20 deflecting 90 degrees to the right 725 feet more or less to the
54.21 east line of the Northwest Quarter of the Southeast Quarter of
54.22 Section 32; thence southerly along said east line 1,059.00 feet
54.23 more or less to the southeast corner of the Northwest Quarter of
54.24 the Southeast Quarter of Section 32; thence westerly along the
54.25 south line of the Northwest Quarter of Southeast Quarter of
54.26 Section 32, 1,125.00 feet more or less to the easterly
54.27 right-of-way line of Trunk Highway No. 61; thence northerly
54.28 along said easterly right-of-way line 903.00 feet more or less
54.29 to the point of beginning. Except that part beginning at the
54.30 center of Section 32; thence South 446 feet; thence East 595.40
54.31 feet; thence North 178.20 feet to the point of beginning; thence
54.32 continuing East 725 feet; thence South 301 feet; thence West 725
54.33 feet; thence North 301 feet to the point of beginning, Section
54.34 32, Township 33, Range 21;
54.35 (5) that part of the Northeast Quarter of the Northeast
54.36 Quarter described as follows: Beginning at the northeast corner
55.1 of Section 29; thence West 49 feet; thence South 156 feet;
55.2 thence East 49 feet; thence North 156 feet to the point of
55.3 beginning; and also beginning 3 rods west of the northeast
55.4 corner of the Northeast Quarter of the Northeast Quarter of
55.5 Section 29; thence West 140 feet; thence South to the center of
55.6 Goose Creek; thence following the center of Goose Creek to a
55.7 point directly South of the point of beginning; thence North to
55.8 the point of beginning, Section 29, Township 36, Range 21; and
55.9 (6) Outlot E of Kates Estates.
55.10 (d) The county has determined that the county's land
55.11 management interests would best be served if the lands were
55.12 returned to private ownership.
55.13 Sec. 14. [LAND EXCHANGE; COOK COUNTY.]
55.14 (a) Notwithstanding Minnesota Statutes, section 94.344,
55.15 subdivision 3, Cook County may, with the approval of the Land
55.16 Exchange Board as required under the Minnesota Constitution,
55.17 article XI, section 10, and according to the remaining
55.18 provisions of Minnesota Statutes, sections 94.342 to 94.348,
55.19 determine the value of the land to be exchanged that is
55.20 described in paragraph (b) by including the value of the
55.21 buildings and improvements located on the land.
55.22 (b) The land to be obtained by Cook County from the United
55.23 States in the exchange is all in Section 30, Township 66 North,
55.24 Range 4 West, described as:
55.25 (1) that part of Government Lot 6 described as follows:
55.26 Commencing at the point created by the intersection of the
55.27 north line of Lot 6 at the west line of the public landing
55.28 as the point of beginning; thence South on the west line of
55.29 said public landing tract a distance of 100.00 feet
55.30 (measured at right angles); thence West parallel to the
55.31 north line of Lot 6 for 215.00 feet; thence due North
55.32 100.00 feet to the north line of Lot 6; thence East on the
55.33 north line of Lot 6 a distance of 225.00 feet, more or
55.34 less, to the point of beginning, which is also described as:
55.35 Assuming the north boundary of said Government Lot 6 to lie
55.36 South 88 degrees 30 minutes 00 seconds East from the iron
56.1 pipe which is on the east end of said north boundary, then
56.2 North 88 degrees 30 minutes 00 seconds West along said
56.3 north boundary a distance of 384.75 feet to the point of
56.4 beginning; thence South 16 degrees 30 minutes 00 seconds
56.5 West a distance of 103.06 feet; thence North 88 degrees 30
56.6 minutes 00 seconds West a distance of 215.00 feet; thence
56.7 North 00 degrees 30 minutes 00 seconds East a distance of
56.8 100.00 feet to a point which lies on the north boundary;
56.9 thence South 88 degrees 30 minutes 00 seconds East along
56.10 said north boundary a distance of 239.93 feet back to the
56.11 point of beginning; and
56.12 (2) that part of Government Lot 7 described as follows:
56.13 Assuming the south boundary of Government Lot 7 to lie
56.14 South 88 degrees 30 minutes 00 seconds East and from the
56.15 iron pipe which is on the east end of said south boundary,
56.16 run North 88 degrees 30 minutes 00 seconds West along said
56.17 south boundary a distance of 346.53 feet to the point of
56.18 beginning; thence continue North 88 degrees 30 minutes 00
56.19 seconds West along said south boundary a distance of 388.17
56.20 feet; thence North 03 degrees 16 minutes 36 seconds West a
56.21 distance of 183.65 feet; thence North 23 degrees 01 minute
56.22 18 seconds East a distance of 113.59 feet; thence North 68
56.23 degrees 27 minutes 48 seconds East a distance of 225.73
56.24 feet; thence North 75 degrees 27 minutes 57 seconds East a
56.25 distance of 88.62 feet; thence North 82 degrees 47 minutes
56.26 51 seconds East to the shore of Saganaga Lake; thence
56.27 southwesterly along the shoreline to a point which lies on
56.28 the north boundary of the county public landing; thence
56.29 South 38 degrees 19 minutes 12 seconds West along said
56.30 northerly boundary of the county public landing a distance
56.31 of 90 feet, more of less; thence South 57 degrees 28
56.32 minutes 36 seconds West along said northerly boundary of
56.33 the county public landing a distance of 169.25 feet; thence
56.34 South 47 degrees 38 minutes 48 seconds East along the
56.35 southwesterly boundary of the county public landing a
56.36 distance of 92.42 feet back to the point of beginning.
57.1 (c) Notwithstanding Minnesota Statutes, section 282.018,
57.2 subdivision 1, Cook County may sell the land bordering public
57.3 water that is described in paragraph (b) under the remaining
57.4 provisions of Minnesota Statutes, chapter 282.
57.5 Sec. 15. [PUBLIC SALE OF SURPLUS STATE LAND; COOK COUNTY.]
57.6 (a) Notwithstanding Minnesota Statutes, sections 92.45,
57.7 94.09, and 94.10, the commissioner of natural resources may sell
57.8 the surplus land and buildings bordering on public waters that
57.9 are described in paragraph (c).
57.10 (b) The sale must be in a form approved by the attorney
57.11 general for consideration no less than the appraised value of
57.12 the land and buildings. The conveyance shall reserve an
57.13 easement to the state along the waterfront for angling and
57.14 management purposes and an access easement across said lands to
57.15 ensure ingress and egress to the public for access to the Flute
57.16 Reed River, which is a designated trout stream. The exact
57.17 location and legal description of the easements shall be
57.18 determined by the commissioner of natural resources.
57.19 (c) The land to be sold is located in Cook County and
57.20 described as: Part of the Northeast Quarter of the Northwest
57.21 Quarter, Section 20, Township 62 North, Range 4 East, beginning
57.22 at the quarter post between Sections 17 and 20; thence running
57.23 South 16 rods (264 feet); thence West 10 rods (165 feet); thence
57.24 North 16 rods (264 feet); thence East 10 rods (165 feet) to the
57.25 place of beginning. That portion of the Northeast Quarter of
57.26 the Northwest Quarter, Section 20, Township 62 North, Range 4
57.27 East, described as follows: Starting from a point on the east
57.28 line of said forty-acre tract 264 feet South of the northeast
57.29 corner thereof as the point of beginning; thence West 165 feet
57.30 along the south line of the tract of land heretofore deeded by
57.31 the grantors herein to the town of Hovland, which deed is
57.32 recorded in the office of the register of deeds of Cook County,
57.33 in Book R of Deeds on page 262 thereof; thence West five feet;
57.34 thence South 115 feet more or less to the north bank of Flute
57.35 Reed River; thence southeasterly along the north bank of said
57.36 river 214 feet more or less to the east line of the above
58.1 described forty-acre tract; thence North along said east line
58.2 237 feet more or less to the point of beginning.
58.3 (d) The parcel described in paragraph (c) is removed from
58.4 the Grand Portage State Forest.
58.5 (e) The parcel described in paragraph (c) is a former
58.6 forestry office site and it has been determined that this site
58.7 is no longer needed for natural resources purposes.
58.8 Sec. 16. [PUBLIC SALE OF TAX-FORFEITED LAND BORDERING
58.9 PUBLIC WATER; CROW WING COUNTY.]
58.10 (a) Notwithstanding Minnesota Statutes, sections 92.45 and
58.11 282.018, subdivision 1, Crow Wing County may sell the
58.12 tax-forfeited land bordering public water that is described in
58.13 paragraph (c), under the remaining provisions of Minnesota
58.14 Statutes, chapter 282.
58.15 (b) The conveyance must be in a form approved by the
58.16 attorney general.
58.17 (c) The land to be sold is located in Crow Wing County and
58.18 is described as: undivided 1/3 interest in the Northwest
58.19 Quarter of the Southeast Quarter, Section 8, Township 45 North,
58.20 Range 28 West.
58.21 (d) The county has determined that the county's land
58.22 management interests would best be served if the lands were
58.23 returned to private ownership.
58.24 Sec. 17. [CONVEYANCE OF TAX-FORFEITED LAND BORDERING ON
58.25 PUBLIC WATER OR WETLANDS; HENNEPIN COUNTY.]
58.26 (a) Notwithstanding Minnesota Statutes, sections 92.45,
58.27 103F.535, and 282.018, subdivision 1, Hennepin County may
58.28 subdivide a larger tract of tax-forfeited land bordering Avalon
58.29 Channel, Black Lake, Lake Minnetonka, and described as Lot 18,
58.30 also Lots 29 to 32 inclusive, Block 24, "Seton," situated in the
58.31 city of Mound and may sell the portion of the parcel of
58.32 tax-forfeited lands bordering public water or natural wetlands
58.33 that is described in paragraph (c) according to this section.
58.34 (b) The conveyance must be in a form approved by the
58.35 attorney general and must be subject to restrictions imposed by
58.36 the commissioner of natural resources, including but not limited
59.1 to the requirement that no new structures, other than docks,
59.2 shall be allowed on the portion of the parcel Hennepin County
59.3 may sell, and further requirement that the balance of the
59.4 tax-forfeited parcel not sold shall remain in city park status.
59.5 The land described in paragraph (c) must be sold under the
59.6 alternate sale provisions in Minnesota Statutes, section 282.01,
59.7 subdivision 7a.
59.8 (c) The parcel of land that may be sold is described as:
59.9 that part of Lot 29, Block 24, "Seton," lying easterly of the
59.10 northerly extension of the west line of the East 10 feet of Lot
59.11 4, Block 1, Avalon.
59.12 (d) The county has determined that the county's land
59.13 management interests would best be served if the lands were
59.14 returned to private ownership.
59.15 [EFFECTIVE DATE.] This section is effective the day
59.16 following final enactment and upon delivery by the city of Mound
59.17 to the Hennepin County auditor a deed reconveying portions of
59.18 tax-forfeited land to the state of Minnesota for that portion
59.19 described in paragraph (c) that may be sold by Hennepin County.
59.20 Sec. 18. [PRIVATE SALE OF TAX-FORFEITED LAND BORDERING
59.21 12.28 PUBLIC WATER; HENNEPIN COUNTY.]
59.22 (a) Notwithstanding Minnesota Statutes, sections 92.45 and
59.23 282.018, subdivision 1, and the public sale provisions of
59.24 Minnesota Statutes, chapter 282, Hennepin County may sell the
59.25 tax-forfeited land described in paragraph (c), to the persons
59.26 making payment for the land to the city of Independence, without
59.27 restrictions or limitations, under the remaining provisions of
59.28 Minnesota Statutes, chapter 282.
59.29 (b) The conveyance must be in a form approved by the
59.30 attorney general for the appraised value of the land.
59.31 Notwithstanding Minnesota Statutes, sections 282.08 and 282.09,
59.32 the proceeds from the sale authorized under paragraph (a) shall
59.33 be apportioned as follows:
59.34 (1) 20 percent of the gross proceeds of the sale shall be
59.35 retained by Hennepin County for deposit in the county forfeited
59.36 tax sale fund; and
60.1 (2) 80 percent of the gross proceeds from the sale must be
60.2 paid to the commissioner of natural resources. Money received
60.3 by the commissioner, under this section, shall be deposited in
60.4 the water recreation account in the natural resources fund and
60.5 is appropriated to the commissioner for grants to political
60.6 subdivisions for public access or other natural resource
60.7 improvements to Lake Sarah in Hennepin County.
60.8 (c) The land to be sold is located in Hennepin County and
60.9 is described as: Lot 17, Block 1, Beamish Shores Second
60.10 Addition.
60.11 (d) The county has determined that the county's land
60.12 management interests would best be served if the lands were
60.13 returned to private ownership.
60.14 (e) The city of Independence may repay all or a portion of
60.15 the prior payment made to the city of Independence for the land.
60.16 Sec. 19. [PRIVATE SALE OF TAX-FORFEITED LAND; ITASCA
60.17 COUNTY.]
60.18 (a) Notwithstanding the public sale provisions of Minnesota
60.19 Statutes, chapter 282, or other law to the contrary, Itasca
60.20 County may sell by private sale the tax-forfeited land described
60.21 in paragraph (c) to an adjoining landowner to resolve an
60.22 encroachment.
60.23 (b) The conveyance must be in a form approved by the
60.24 attorney general for consideration no less than the appraised
60.25 value of the land.
60.26 (c) The land to be sold is located in Itasca County and is
60.27 described as: the North 150 feet of the East 175 feet of
60.28 Government Lot 8, Section 21, Township 55 North, Range 26 West.
60.29 (d) The county has determined that the county's land
60.30 management interests would best be served if the parcel was
60.31 returned to private ownership.
60.32 Sec. 20. [CONVEYANCE OF TAX-FORFEITED LAND; LAKE COUNTY.]
60.33 (a) Notwithstanding any law to the contrary, after approval
60.34 by the Lake County Board, the commissioner of revenue shall
60.35 convey for no consideration to the city of Beaver Bay the
60.36 state's interest in the tax-forfeited land described in
61.1 paragraph (c), free and clear of any encumbrances or
61.2 restrictions.
61.3 (b) The conveyance must be in a form approved by the
61.4 attorney general.
61.5 (c) The land to be conveyed is located in Lake County and
61.6 is described as: The Northeast Quarter of the Northwest Quarter
61.7 and the Southeast Quarter of the Northwest Quarter, Section 22,
61.8 Township 55 North, Range 8 West.
61.9 (d) The conveyance will provide clear title to the city of
61.10 Beaver Bay by removing a reversionary interest held by the state
61.11 and allow the city to use the land for low-income housing.
61.12 Sec. 21. [PRIVATE SALE OF CONSOLIDATED CONSERVATION LAND;
61.13 LAKE OF THE WOODS COUNTY.]
61.14 (a) Notwithstanding Minnesota Statutes, chapters 84A, 94,
61.15 and 282, the commissioner of natural resources may sell by
61.16 private sale the surplus land described in paragraph (c)
61.17 according to this section.
61.18 (b) The sale must be in a form approved by the attorney
61.19 general and may be for less than the appraised value. The
61.20 attorney general may make necessary changes in the legal
61.21 description to correct errors and ensure accuracy. Proceeds
61.22 shall be disposed of according to Minnesota Statutes, chapter
61.23 84A.
61.24 (c) The land to be sold is located in Lake of the Woods
61.25 County and described as: 1 acre, more or less, located in the
61.26 North Half of the North Half of Northeast Quarter of the
61.27 Northwest Quarter, Section 23, Township 160 North, Range 33
61.28 West, known as Potamo Cemetery.
61.29 (d) The land described in paragraph (c) is a burial ground
61.30 and thus not suitable for natural resource purposes.
61.31 Sec. 22. [PUBLIC SALE OF TAX-FORFEITED LAND BORDERING
61.32 PUBLIC WATER; MAHNOMEN COUNTY.]
61.33 (a) Notwithstanding Minnesota Statutes, sections 92.45 and
61.34 282.018, subdivision 1, Mahnomen County may sell the
61.35 tax-forfeited land bordering public water that is described in
61.36 paragraph (c), under the remaining provisions of Minnesota
62.1 Statutes, chapter 282.
62.2 (b) The conveyance must be in a form approved by the
62.3 attorney general for no less than the appraised value of the
62.4 land.
62.5 (c) The land to be sold is located in Mahnomen County and
62.6 is described as: Parcel Number R15.009.0600 in Government Lot
62.7 2, Section 9, Township 144 North, Range 41 West.
62.8 (d) The county has determined that the county's land
62.9 management interests would best be served if the land was
62.10 returned to private ownership.
62.11 Sec. 23. [PUBLIC SALE OF TRUST FUND LAND BORDERING PUBLIC
62.12 WATER; MILLE LACS COUNTY.]
62.13 (a) Notwithstanding Minnesota Statutes, section 92.45, the
62.14 commissioner of natural resources may sell by public sale the
62.15 school trust fund land bordering public water that is described
62.16 in paragraph (c), under the remaining provisions in Minnesota
62.17 Statutes, chapter 92.
62.18 (b) The conveyance shall be in a form approved by the
62.19 attorney general for consideration no less than the appraised
62.20 value of the land. The attorney general may make necessary
62.21 changes to the legal description to correct errors and ensure
62.22 accuracy.
62.23 (c) The land that may be sold is located in Mille Lacs
62.24 County and is described as follows: Lot 2, Section 16, Township
62.25 42 North, Range 26 West.
62.26 (d) The commissioner of natural resources has determined
62.27 that the land is no longer needed for any natural resource
62.28 purpose and that the state's land management interests would
62.29 best be served if the land was sold.
62.30 Sec. 24. [PUBLIC SALE OF SURPLUS STATE LAND BORDERING
62.31 PUBLIC WATER; MILLE LACS COUNTY.]
62.32 (a) Notwithstanding Minnesota Statutes, section 92.45, the
62.33 commissioner of natural resources may sell by public sale the
62.34 surplus state land bordering public water that is described in
62.35 paragraph (c) under the provisions of Minnesota Statutes,
62.36 chapter 94, or Laws 2003, First Special Session chapter 1,
63.1 article 1, section 31.
63.2 (b) The conveyance must be in a form approved by the
63.3 attorney general. The attorney general may make necessary
63.4 changes to the legal description to correct errors and ensure
63.5 accuracy.
63.6 (c) The land that may be sold is located in Mille Lacs
63.7 County and is described as: Government Lots 1 and 2 of Section
63.8 21, Township 43 North, Range 27 West, except the south 560 feet
63.9 of said Government Lot 2 lying between U.S. Highway No. 169 and
63.10 Mille Lacs Lake; also except the north 205.97 feet of said
63.11 Government Lot 1 lying west of the westerly right-of-way line of
63.12 U.S. Highway No. 169; also except that portion taken for trunk
63.13 highway purposes in addition to the existing highway, together
63.14 with all right of access being the right of ingress to and
63.15 egress from all that portion of the above-described property to
63.16 Trunk Highway No. 169.
63.17 (d) The commissioner has determined that the state's land
63.18 management interests would best be served if the land was sold.
63.19 Sec. 25. [CONVEYANCE OF SURPLUS STATE LAND; OLMSTED
63.20 COUNTY.]
63.21 (a) Notwithstanding Minnesota Statutes, sections 94.09 to
63.22 94.16, the commissioner of administration shall convey to the
63.23 city of Rochester for no consideration the surplus land that is
63.24 described in paragraph (c).
63.25 (b) The conveyance must be in a form approved by the
63.26 attorney general.
63.27 (c) The land to be conveyed is located in Olmsted County
63.28 and is described as:
63.29 All that part of the Southwest Quarter and all that part of
63.30 the West Half of the Southeast Quarter, in Section 5,
63.31 Township 106 North, Range 13 West, Olmsted County,
63.32 Minnesota which lies south of Trunk Highway No. 14; also,
63.33 all that part of the Northwest Quarter of the Southeast
63.34 Quarter in Section 6, Township 106 North, Range 13 West,
63.35 Olmsted County, Minnesota which lies south of Trunk Highway
63.36 No. 14; containing in all approximately 175 acres.
64.1 (d) The commissioner has determined that the land is no
64.2 longer needed for any state purpose and that the state's land
64.3 management interests would best be served if the land was
64.4 conveyed to and used by the city of Rochester.
64.5 Sec. 26. [CONVEYANCE OF SURPLUS STATE LAND; REDWOOD
64.6 COUNTY.]
64.7 (a) Notwithstanding Minnesota Statutes, sections 16A.695,
64.8 16C.23, 94.09 to 94.16, or other law to the contrary, the
64.9 commissioner of administration and the Minnesota Historical
64.10 Society may convey to the Lower Sioux Indian community in
64.11 Redwood County, for no consideration, the surplus land described
64.12 in paragraph (d).
64.13 (b) For the sole purposes of this act, the Lower Sioux
64.14 Indian community is a public agency and there is a state need to
64.15 convey the property described in paragraph (d) to be used by the
64.16 community for essential governmental purposes, including the
64.17 operation of programs for the interpretation of Minnesota
64.18 history.
64.19 (c) The conveyance must be in a form approved by the
64.20 attorney general. The attorney general may make necessary
64.21 changes in the legal description of paragraph (d) to correct
64.22 errors and ensure accuracy.
64.23 (d) The land to be conveyed is located in Redwood County,
64.24 consists of approximately 242 acres, and is described as:
64.25 (1) land owned by the Minnesota Historical Society:
64.26 (i) Government Lots 5 and 6, in Section 5, Township 112
64.27 North, Range 34 West;
64.28 (ii) the Northwest Quarter of the Northwest Quarter of
64.29 Section 8, Township 112 North, Range 34 West; and
64.30 (iii) all that part of the East Half of the Northwest
64.31 Quarter of Section 8, Township 112 North, Range 34 West, lying
64.32 north of Redwood County Highway No. 2; and
64.33 (2) land owned by the state of Minnesota:
64.34 (i) Government Lots 2 and 3 of Section 8, Township 112
64.35 North, Range 34 West, EXCEPTING THEREFROM all that part of
64.36 Government Lot 2 of said Section 8 described as follows:
65.1 Beginning at a point on the south line of said Government Lot 2
65.2 a distance of 350.00 feet easterly of the southwest corner of
65.3 said Government Lot 2; thence along the south line of said
65.4 Government Lot 2 on an assumed bearing of North 89 degrees 58
65.5 minutes East for 422.40 feet; thence North 6 degrees 58 seconds
65.6 East for 115.00 feet; thence South 78 degrees 18 minutes 34
65.7 seconds West for 451.09 feet to the point of beginning;
65.8 (ii) the North 8 acres of the Southeast Quarter of the
65.9 Northeast Quarter of Section 8, Township 112 North, Range 34
65.10 West;
65.11 (iii) the North 6.76 acres of Government Lot 7 in Section
65.12 9, Township 112 North, Range 34 West;
65.13 (iv) all that part of the Northeast Quarter of the
65.14 Northwest Quarter of Section 8, Township 112 North, Range 34
65.15 West, lying south of Redwood County Highway No. 2; and
65.16 (v) all that part of the Southwest Quarter of the Northeast
65.17 Quarter of Section 8, Township 112 North, Range 34 West,
65.18 described as follows: Beginning at the northwest corner of the
65.19 Southwest Quarter of the Northeast Quarter of said Section 8;
65.20 thence along the north line of the Southwest Quarter of the
65.21 Northeast Quarter of said Section 8 on an assumed bearing of
65.22 North 89 degrees 58 minutes East for 270.90 feet; thence South
65.23 10 degrees 40 minutes 37 seconds West for 158.80 feet to the
65.24 northerly right-of-way of County Road 2; thence North 62 degrees
65.25 18 minutes 09 seconds West along the northerly right-of-way line
65.26 of County Road 2 for 272.73 feet to the north quarter line of
65.27 said Section 8; thence North 29.13 feet to the point of
65.28 beginning.
65.29 [EFFECTIVE DATE.] This section is effective only after
65.30 approval by resolution of the Redwood County Board of
65.31 Commissioners and the Sherman Township Board of Supervisors.
65.32 Sec. 27. [PUBLIC SALE OF TAX-FORFEITED LAND BORDERING
65.33 PUBLIC WATER; ROCK COUNTY.]
65.34 (a) Notwithstanding Minnesota Statutes, sections 92.45 and
65.35 282.018, subdivision 1, Rock County may sell the tax-forfeited
65.36 land bordering public water that is described in paragraph (c),
66.1 under the remaining provisions of Minnesota Statutes, chapter
66.2 282.
66.3 (b) The conveyance must be in a form approved by the
66.4 attorney general. A deed restriction shall be a part of the
66.5 sale that prevents any tillage or building construction on the
66.6 property, and grazing shall be limited to stocking rates
66.7 approved by the USDA Natural Resources Conservation Service.
66.8 (c) The land to be sold is located in Rock County and is
66.9 described as: the North 580.08 feet of the South 2112.08 feet
66.10 of the East 875 feet of the SE 1/4 of Section 26, Township 104
66.11 North, Range 44 West.
66.12 (d) The county has determined that the county's land
66.13 management interests would best be served if the lands were
66.14 returned to private ownership.
66.15 Sec. 28. [CONVEYANCE OF TAX-FORFEITED LAND BORDERING
66.16 PUBLIC WATER; ROSEAU COUNTY.]
66.17 (a) Notwithstanding Minnesota Statutes, sections 92.45 and
66.18 282.018, subdivision 1, and the public sale provisions of
66.19 Minnesota Statutes, chapter 282, Roseau County may convey to a
66.20 public entity for no consideration the tax-forfeited land
66.21 bordering public water that is described in paragraph (c) or may
66.22 sell the land to a public entity for the appraised value.
66.23 (b) The conveyance or sale must be in a form approved by
66.24 the attorney general. A conveyance for no consideration must
66.25 provide that the land reverts to the state if the public entity
66.26 stops using the land for a public purpose.
66.27 (c) The land to be conveyed is located in Roseau County and
66.28 is described as:
66.29 (1) Lot 2, Soler Township, Section 2, Township 162 North,
66.30 Range 43 West;
66.31 (2) Lot 3, Soler Township, Section 2, Township 162 North,
66.32 Range 43 West;
66.33 (3) Lot 4, Soler Township, Section 2, Township 162 North,
66.34 Range 43 West;
66.35 (4) the Northeast Quarter of the Southeast Quarter, Section
66.36 18, Township 163 North, Range 44 West;
67.1 (5) the Northwest Quarter of the Southwest Quarter, Section
67.2 27, Township 163 North, Range 44 West;
67.3 (6) the Southwest Quarter of the Southwest Quarter, Section
67.4 27, Township 163 North, Range 44 West; and
67.5 (7) the Northwest Quarter of the Northwest Quarter, Section
67.6 34, Township 163 North, Range 44 West.
67.7 (d) The county has determined that the county's land
67.8 management interests would best be served if the land were
67.9 conveyed to a public entity.
67.10 Sec. 29. [CONVEYANCE OF TAX-FORFEITED LAND BORDERING
67.11 PUBLIC WATER; ROSEAU COUNTY.]
67.12 (a) Notwithstanding Minnesota Statutes, sections 92.45 and
67.13 282.018, subdivision 1, and the public sale provisions of
67.14 Minnesota Statutes, chapter 282, Roseau County may convey to a
67.15 public entity for no consideration the tax-forfeited land
67.16 bordering public water that is described in paragraph (c), sell
67.17 to a public entity for the appraised value, or sell by public
67.18 sale under the remaining provisions of Minnesota Statutes,
67.19 chapter 282, the lands bordering public waters described in
67.20 paragraph (c).
67.21 (b) The conveyance or sale must be in a form approved by
67.22 the attorney general and reserve an easement for potential trail
67.23 purposes and a road easement across the Southeast Quarter of the
67.24 Northeast Quarter of Section 18, Township 163, Range 44, to
67.25 provide access to state lands and the Roseau River Access.
67.26 (c) The land to be conveyed is located in Roseau County and
67.27 described as:
67.28 (1) the Northeast Quarter of the Northeast Quarter, Section
67.29 18, Township 163 North, Range 44 West;
67.30 (2) the Southeast Quarter of the Northeast Quarter, Section
67.31 18, Township 163 North, Range 44 West;
67.32 (3) the Northwest Quarter of the Southeast Quarter, Section
67.33 18, Township 163 North, Range 44 West;
67.34 (4) the Southwest Quarter of the Southeast Quarter, Section
67.35 18, Township 163 North, Range 44 West;
67.36 (5) the Southeast Quarter of the Southeast Quarter, Section
68.1 18, Township 163 North, Range 44 West; and
68.2 (6) the Southwest Quarter of the Northwest Quarter, Section
68.3 27, Township 163 North, Range 44 West.
68.4 (d) The county has determined that the county's best
68.5 interests would be served if the land were conveyed to an
68.6 outside interest subject to the trail and road easements.
68.7 Sec. 30. [CONVEYANCE OF TAX-FORFEITED LAND BORDERING
68.8 PUBLIC WATER; ROSEAU COUNTY.]
68.9 (a) Notwithstanding Minnesota Statutes, sections 92.45 and
68.10 282.018, subdivision 1, Roseau County may sell the tax-forfeited
68.11 land described in paragraph (c), under the remaining provisions
68.12 of Minnesota Statutes, chapter 282.
68.13 (b) The conveyance must be in a form approved by the
68.14 attorney general for no less than the appraised value of the
68.15 land.
68.16 (c) The land to be sold is located in Roseau County and is
68.17 described as: the Northwest Quarter of the Northeast Quarter of
68.18 Section 20, Township 163 North, Range 36 West.
68.19 (d) The county has determined that the county's land
68.20 management interests would best be served if the lands were
68.21 returned to private ownership.
68.22 Sec. 31. [PUBLIC SALE OF SURPLUS STATE LAND BORDERING
68.23 PUBLIC WATER; ST. LOUIS COUNTY.]
68.24 (a) Notwithstanding Minnesota Statutes, section 92.45, the
68.25 commissioner of natural resources may sell by public sale the
68.26 surplus state land bordering public water that is described in
68.27 paragraph (c), under the remaining provisions of Minnesota
68.28 Statutes, chapter 92.
68.29 (b) The conveyance must be in a form approved by the
68.30 attorney general. The attorney general may make necessary
68.31 changes to the legal description to correct errors and ensure
68.32 accuracy.
68.33 (c) The land that may be sold is located in St. Louis
68.34 County and is described as follows: Outlot A, Lake Leander
68.35 Homesite Plat No. 1, Section 16, Township 60 North, Range 19
68.36 West.
69.1 (d) The conveyance shall reserve an access easement across
69.2 the land to ensure access to Lot 11, Block 1 of Lake Leander
69.3 Homesite Plat No. 1.
69.4 (e) The commissioner has determined that the state's land
69.5 management interests would best be served if the land was sold.
69.6 Sec. 32. [PUBLIC SALE OF TAX-FORFEITED LAND BORDERING
69.7 PUBLIC WATER; ST. LOUIS COUNTY.]
69.8 (a) Notwithstanding Minnesota Statutes, sections 92.45 and
69.9 282.018, subdivision 1, St. Louis County may sell the
69.10 tax-forfeited land bordering public water that is described in
69.11 paragraph (c), under the remaining provisions of Minnesota
69.12 Statutes, chapter 282.
69.13 (b) The conveyance must be in a form approved by the
69.14 attorney general. The attorney general may make necessary
69.15 changes to the legal descriptions to correct errors and ensure
69.16 accuracy.
69.17 (c) The land to be sold is located in St. Louis County and
69.18 is described as:
69.19 (1) NE1/4 of SW1/4, Section 19, T52N, R20W;
69.20 (2) NE1/4 of NE1/4 and NW1/4 of NE1/4 ex part wly of
69.21 centerline of County Rd #44, Section 22, T56N, R12W;
69.22 (3) that part of NE1/4 of SE1/4 lying S of Floodwood River,
69.23 Section 19, T52N, R20W;
69.24 (4) NW1/4 of SE1/4 ex W1/2 and E165 ft of W1/2 of NW1/4 of
69.25 SE1/4, Section 5, T51N, R13W;
69.26 (5) NE1/4 of SW1/4 inc E1/2 of NW1/4 of SW1/4, Section 32,
69.27 T52N, R14W;
69.28 (6) that part of SW1/4 of SE1/4 lying W of county rd ex sly
69.29 2 ac, Section 21, T56N, R18W; and
69.30 (7) Lot 7 ex part lying S and E of centerline of Co Rd
69.31 #609, Section 1, T56N, R16W.
69.32 (d) The county has determined that the county's land
69.33 management interests would best be served if the lands were
69.34 returned to private ownership.
69.35 (e) Easements: for the NE1/4 of NE1/4 and NW1/4 of NE1/4
69.36 ex part wly of centerline of County Road #44, Section 22, T56N,
70.1 R12W and the NW1/4 of SE1/4 ex W1/2 and E165 ft of W1/2 of NW1/4
70.2 of the SE1/4 of Section 5, T51N, R13W, the county shall grant an
70.3 easement to the state to the bed of the designated trout stream
70.4 or tributary and a strip of land no wider than will be enclosed
70.5 between the top edge of the streambank and a line parallel
70.6 thereto and 66 feet distance therefrom on either side of the
70.7 stream as it crosses St. Louis County tax-forfeited land for the
70.8 purpose of fish stocking and the development of fish habitat in
70.9 the described area, including tree planting, fencing, erosion
70.10 control, installation of instream structures, posting of signs
70.11 and other improvements as deemed necessary, and angling by the
70.12 public in the described area; and, For the NE1/4 of SW1/4,
70.13 Section 19, T52N, R20W and that part of NE1/4 of SE1/4 lying S
70.14 of Floodwood River, Section 19, T52N, R20W, the county shall
70.15 grant to the state an easement to the bed of the stream and a
70.16 strip of land no wider than will be enclosed between the top
70.17 edge of the streambank and a line parallel thereto and 50 feet
70.18 distance therefrom on either side of the Floodwood River as it
70.19 crosses the St. Louis County tax-forfeited land for the purpose
70.20 of fish stocking and the development of fish habitat in the
70.21 described area, including tree planting, fencing, erosion
70.22 control, installation of instream structures, posting of signs
70.23 and other improvements as deemed necessary, and angling by the
70.24 public in the described area; and, For the NE1/4 of SW1/4 inc
70.25 E1/2 of NW1/4 of SW1/4, Section 32, T52N, R14W, the county shall
70.26 grant to the state an easement to the bed of the stream and a
70.27 strip of land no wider than will be enclosed between the top
70.28 edge of the streambank and a line parallel thereto and 50 feet
70.29 distance therefrom on either side of the inlet stream to Fish
70.30 Lake Reservoir as it crosses the St. Louis County tax-forfeited
70.31 land for the purpose of fish stocking and the development of
70.32 fish habitat in the described area, including tree planting,
70.33 fencing, erosion control, installation of instream structures,
70.34 posting of signs and other improvements as deemed necessary, and
70.35 angling by the public in the described area; and for Lot 7 ex
70.36 part lying S and E of centerline of Co Rd #609, Section 1, T56N,
71.1 R16W, the county shall grant to the state an easement of 66 feet
71.2 from the ordinary high water mark of Mud Hen Lake for the
71.3 purpose of providing protection of riparian vegetation, angler
71.4 access for fishing, and Department of Natural Resources access
71.5 for habitat improvement.
71.6 Sec. 33. [PRIVATE SALE OF TAX-FORFEITED LAND; ST. LOUIS
71.7 COUNTY.]
71.8 (a) Notwithstanding the public sale provisions of Minnesota
71.9 Statutes, chapter 282, or other law to the contrary, St. Louis
71.10 County may sell by private sale the tax-forfeited land described
71.11 in paragraph (c).
71.12 (b) The conveyance must be in a form approved by the
71.13 attorney general. The attorney general may make necessary
71.14 changes to the legal descriptions to correct errors and ensure
71.15 accuracy.
71.16 (c) The land to be sold is located in St. Louis County and
71.17 is described as:
71.18 (1) part of SE1/4 of SE1/4 lying within 33 ft on each side
71.19 of a line comm at E1/4 cor of sec; thence wly on E-W1/4 line
71.20 with an assumed azimuth of 269 degrees 06 minutes 51 seconds
71.21 384.05 ft; thence at an azimuth of 204 degrees 41 minutes 21
71.22 seconds 1179.68 ft; thence at an azimuth of 205 degrees 41
71.23 minutes 50 seconds 288 ft to N line of forty and the point of
71.24 beg; thence continue on previous azimuth 660 ft to W line of
71.25 forty, Section 11, T51N, R15W;
71.26 (2) NW1/4 of NE1/4 ex part lying E of a line 33 ft ely of a
71.27 line beg on N line at an azimuth of 269 degrees 6 minutes 49
71.28 seconds 361.54 ft from NE cor; thence at an azimuth of 205
71.29 degrees 41 minutes 0 seconds 1217.71 ft; thence at an azimuth of
71.30 128 degrees 43 minutes 18 seconds 362 ft to S line and ex part
71.31 lying W of a line which is 33 ft W of above described line,
71.32 Section 14, T51N, R15W; and
71.33 (3) that part of NE1/4 of SE1/4 lying within 33 ft ely and
71.34 33 ft wly of following desc line comm at E quarter cor of Sect
71.35 11; thence wly on E-W quarter line which has an assumed azimuth
71.36 (0 degrees N) of 269 degrees 6 minutes 51 seconds for 384.05 ft
72.1 to pt of beg of desc line; thence at an azimuth of 204 degrees
72.2 41 minutes 21 seconds for 1179.68 ft; thence at an azimuth of
72.3 205 degrees 41 minutes 50 seconds for 288 ft to S line of forty,
72.4 Section 11, T51N, R15W. The county may sell the undivided 17/32
72.5 interest in the Northeast Quarter of the Southeast Quarter and
72.6 the Northwest Quarter of the Southeast Quarter, Section 34,
72.7 Township 59 North, Range 18 West, by private sale
72.8 notwithstanding Minnesota Statutes, section 282.01, subdivision
72.9 8, and the public sale provisions of Minnesota Statutes, chapter
72.10 282, under the remaining provisions of Minnesota Statutes,
72.11 chapter 282, subject to the approval of the commissioner.
72.12 (d) The county has determined that the county's land
72.13 management interests would best be served if the lands were
72.14 returned to private ownership.
72.15 Sec. 34. [PRIVATE SALE OF TAX-FORFEITED LAND; ST. LOUIS
72.16 COUNTY.]
72.17 (a) Notwithstanding the public sale provisions of Minnesota
72.18 Statutes, chapter 282, or other law to the contrary, St. Louis
72.19 County may sell by private sale the tax-forfeited land described
72.20 in paragraph (c).
72.21 (b) The conveyance must be in a form approved by the
72.22 attorney general. The attorney general may make necessary
72.23 changes to the legal descriptions to correct errors and ensure
72.24 accuracy. For the undivided 17/32 interest in the Northeast
72.25 Quarter of the Southeast Quarter and the Northwest Quarter of
72.26 the Southeast Quarter, all in Section 34, Township 59 North,
72.27 Range 18 West, the conveyance must provide that the land is
72.28 subject to the terms and conditions of State Taconite Iron Ore
72.29 Mining Lease Numbered T-5036. The commissioner of natural
72.30 resources may approve sale upon a determination that the
72.31 taconite resource has been removed from the land to be sold.
72.32 (c) The land to be sold is located in St. Louis County and
72.33 is described as:
72.34 (1) NW1/4 of SE1/4, Section 34, T59N, R18W (17/32 undivided
72.35 interest);
72.36 (2) NE1/4 of SE1/4, Section 34, T59N, R18W;
73.1 (3) NE1/4 of SW1/4, Section 34, T59N, R18W; and
73.2 (4) SE1/4 of NW1/4, Section 34, T59N, R18W.
73.3 (d) The county has determined that the county's land
73.4 management interests would best be served if the lands were
73.5 returned to private ownership for stockpiling use.
73.6 Sec. 35. [PRIVATE SALE OF TAX-FORFEITED LAND; ST. LOUIS
73.7 COUNTY.]
73.8 (a) Notwithstanding the public sale provisions of Minnesota
73.9 Statutes, chapter 282, or other law to the contrary, St. Louis
73.10 County may sell by private sale the tax-forfeited land described
73.11 in paragraph (c).
73.12 (b) The conveyance must be in a form approved by the
73.13 attorney general. The attorney general may make necessary
73.14 changes to the legal descriptions to correct errors and ensure
73.15 accuracy.
73.16 (c) The land to be sold is located in St. Louis County and
73.17 is described as:
73.18 (1) the easterly 240.00 feet of the southerly 380.00 feet
73.19 of the Northwest Quarter of the Northeast Quarter of Section 4,
73.20 Township 62 North, Range 13 West, St. Louis County, Minnesota.
73.21 This parcel contains 2.08 acres more or less; and
73.22 (2) the westerly 360.00 feet of the southerly 380.00 feet
73.23 of the Northeast Quarter of the Northeast Quarter of Section 4,
73.24 Township 62 North, Range 13 West, St. Louis County, Minnesota.
73.25 This parcel contains 3.14 acres more or less.
73.26 (d) The county has determined that the county's land
73.27 management interests would best be served if the lands were
73.28 returned to private ownership.
73.29 Sec. 36. [PRIVATE SALE OF TAX-FORFEITED LAND; ST. LOUIS
73.30 COUNTY.]
73.31 (a) Notwithstanding the public sale provisions of Minnesota
73.32 Statutes, chapter 282, or other law to the contrary, St. Louis
73.33 County may sell by private sale the tax-forfeited land described
73.34 in paragraph (c).
73.35 (b) The conveyance must be in a form approved by the
73.36 attorney general for a consideration of taxes due on the
74.1 property and any penalties, interest, and costs.
74.2 (c) The land to be sold is located in St. Louis County and
74.3 is described as:
74.4 NW 1/4 of NW 1/4 ex 14.98 ac at NW corner and ex 4.66 ac at
74.5 SW corner, Section 13, Township 61, Range 21, Town of Morcom,
74.6 460-10-2050.
74.7 (d) The county has determined that the county's land
74.8 management interests would best be served if the lands were
74.9 returned to private ownership.
74.10 Sec. 37. [LCMR APPROPRIATION EXTENSION.]
74.11 The availability of the appropriation for the following
74.12 project is extended to June 30, 2006: Laws 2001, First Special
74.13 Session chapter 2, section 14, subdivision 5, paragraph (b),
74.14 local grants initiative program, outdoor recreation grant for
74.15 the Lake Links Trail.
74.16 Sec. 38. [EFFECTIVE DATE.]
74.17 This article is effective the day following final enactment.