2003 Minnesota Statutes

     90.191 Informal sales of state timber. 

    Subdivision 1.    Sale requirements.  The commissioner 
 may sell the timber on any tract of state land in lots not 
 exceeding 500 cords in volume, without formalities but for not 
 less than the full appraised value thereof, to any person.  No 
 sale shall be made under this section to any person holding two 
 permits issued hereunder which are still in effect; except that 
 (1) a partnership as defined in chapter 323, which may include 
 spouses but which shall provide evidence that a partnership 
 exists, may be holding two permits for each of not more than 
 three partners who are actively engaged in the business of 
 logging or who are the spouses of persons who are actively 
 engaged in the business of logging with that partnership; and 
 (2) a corporation, a majority of whose shares and voting power 
 are owned by natural persons related to each other within the 
 fourth degree of kindred according to the rules of the civil law 
 or their spouses or estates, may be holding two permits for each 
 of not more than three shareholders who are actively engaged in 
 the business of logging or who are the spouses of persons who 
 are actively engaged in the business of logging with that 
 corporation. 

    Subd. 2.    Time frame for cutting and removal.  Upon 
 receipt of payment for the full appraised value, the 
 commissioner may issue a permit to cut timber within two years 
 from the date of sale under any supervision and provisions the 
 commissioner deems advisable.  All cut timber, equipment, and 
 buildings not removed from the land within 90 days after 
 expiration of the permit shall become the property of the 
 state.  The commissioner may grant an additional period of not 
 to exceed 120 days for the removal of cut timber, equipment, and 
 buildings upon receipt of a request by the permit holder for 
 good and sufficient reasons.  The commissioner may grant a 
 second period of time not to exceed 120 days for the removal of 
 cut timber, equipment, and buildings upon receipt of a request 
 by the permit holder for hardship reasons only. 

    Subd. 3.    Scaling; purchaser responsibilities; addition 
 of unsold timber.  All timber products, except as specified by 
 the commissioner of natural resources, cut under the provisions 
 of this section, shall be scaled and the final settlement for 
 the timber cut shall be made on this scale. The purchaser shall 
 dispose of slashings according to law, shall be liable under 
 this chapter in trespass for cutting timber held in reserve or 
 unnecessarily injuring any timber not included within the sale 
 under this section, and shall be otherwise subject to all the 
 laws governing the sale and removal of state timber, so far as 
 applicable. 

    The permit shall provide that should the commissioner find 
 it advisable to salvage or remove for proper forest management 
 certain unsold timber within the permit area, this timber, with 
 the written consent of the permit holder, may be added at an 
 appraised price to the timber sold. 

    Subd. 4.    Timber markings.  The permit shall state 
 that all landings of cut products must be legibly marked with 
 the assigned permit number.  The permit shall provide for the 
 continuous identification of the cut timber from the time of 
 cutting until delivery to the consumer.  The permit shall 
 provide that failure to continuously identify the timber as 
 specified in the permit constitutes trespass. 

    HIST: (6394-10) 1925 c 276 s 10; 1939 c 352 s 1; 1949 c 182 s 
 1; 1951 c 662 s 1; 1959 c 385 s 1; 1961 c 202 s 9; 1963 c 64 s 
 1; 1967 c 24 s 1-3; 1967 c 27 s 2; 1967 c 568 s 9; 1969 c 366 s 
 6; 1969 c 1129 art 10 s 2; 1975 c 106 s 5; 1978 c 640 s 1,2; 
 1981 c 305 s 10; 1986 c 444; 1994 c 551 s 9; 1996 c 295 s 8; 
 2003 c 73 s 10,11