HF 3280
2nd Committee Engrossment - 85th Legislature (2007 - 2008)
Posted on 12/22/2009 12:39 p.m.
KEY: stricken = removed, old language.
underscored = added, new language.
Line numbers
1.1A bill for an act
1.2relating to state lands; providing for expedited exchanges of public land;
1.3proposing coding for new law in Minnesota Statutes, chapter 94.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. new text begin [94.3495] EXPEDITED EXCHANGES OF LAND INVOLVING THE new text end
1.6new text begin STATE AND GOVERNMENTAL SUBDIVISIONS OF THE STATE.new text end
1.7 new text begin Subdivision 1.new text end new text begin Purpose and scope.new text end new text begin (a) The purpose of this section is to expedite the new text end
1.8new text begin exchange of public land ownership. Consolidation of public land reduces management new text end
1.9new text begin costs and aids in the reduction of forest fragmentation.new text end
1.10new text begin (b) This section applies to exchanges of land between the state and a governmental new text end
1.11new text begin subdivision of the state. For land exchanges under this section, sections 94.342 to 94.347 new text end
1.12new text begin apply only to the extent specified in this section.new text end
1.13 new text begin Subd. 2.new text end new text begin Classes of land; definitions.new text end new text begin The classes of public land that may be new text end
1.14new text begin involved in an expedited exchange under this section are:new text end
1.15new text begin (1) Class 1 land, which for the purpose of this section is Class A land as defined in new text end
1.16new text begin section 94.342, subdivision 1, except for:new text end
1.17new text begin (i) school trust land as defined in section 92.025; andnew text end
1.18new text begin (ii) university land granted to the state by acts of Congress;new text end
1.19new text begin (2) Class 2 land, which for the purpose of this section is Class B land as defined in new text end
1.20new text begin section 94.342, subdivision 2; andnew text end
1.21new text begin (3) Class 3 land, which for the purpose of this section is all land owned in fee by new text end
1.22new text begin a governmental subdivision of the state.new text end
1.23 new text begin Subd. 3.new text end new text begin Valuation of land.new text end new text begin (a) In an exchange of Class 1 land for Class 2 or 3 land, new text end
1.24new text begin the value of all the land shall be determined by the commissioner of natural resources. In new text end
2.1new text begin an exchange of Class 2 land for Class 3 land, the value of all the land shall be determined new text end
2.2new text begin by the county board of the county in which the land lies. To determine the value of the new text end
2.3new text begin land, the parties to the exchange may cause the land to be appraised, utilize the valuation new text end
2.4new text begin process provided under section 84.0272, subdivision 3, or obtain a market analysis from a new text end
2.5new text begin qualified real estate broker. Merchantable timber value must be determined and considered new text end
2.6new text begin in finalizing valuation of the lands.new text end
2.7new text begin (b) All lands exchanged under this section shall be exchanged only for lands of new text end
2.8new text begin at least substantially equal value. For the purposes of this subdivision, "substantially new text end
2.9new text begin equal value" has the meaning given under section 94.343, subdivision 3, paragraph (b). new text end
2.10new text begin No payment is due either party if the lands are of substantially equal value but are not new text end
2.11new text begin of the same value.new text end
2.12 new text begin Subd. 4.new text end new text begin Title.new text end new text begin Title to the land must be examined to the extent necessary for the new text end
2.13new text begin parties to determine that the title is good, with any encumbrances identified. The parties to new text end
2.14new text begin the exchange may utilize title insurance to aid in the determination.new text end
2.15 new text begin Subd. 5.new text end new text begin Approval by Land Exchange Board.new text end new text begin All expedited land exchanges new text end
2.16new text begin under this section, and the terms and conditions of the exchanges, require the unanimous new text end
2.17new text begin approval of the Land Exchange Board.new text end
2.18 new text begin Subd. 6.new text end new text begin Conveyance.new text end new text begin (a) Conveyance of Class 1 land given in exchange shall be new text end
2.19new text begin made by deed executed by the commissioner of natural resources in the name of the new text end
2.20new text begin state. Conveyance of Class 2 land given in exchange shall be by a deed executed by the new text end
2.21new text begin commissioner of revenue in the name of the state. Conveyance of Class 3 land shall be by new text end
2.22new text begin a deed executed by the governing body in the name of the governing authority.new text end
2.23new text begin (b) If Class 1 land is given in exchange for Class 2 or 3 land, the deed to the Class new text end
2.24new text begin 2 or 3 land shall first be delivered to the commissioner of natural resources. Following new text end
2.25new text begin the recording of the deed, the commissioner of natural resources shall deliver the deed new text end
2.26new text begin conveying the Class 1 land.new text end
2.27new text begin (c) If Class 2 land is given in exchange for Class 3 land, the deed to the Class 3 land new text end
2.28new text begin shall first be delivered to the county auditor. Following the recording of the deed, the new text end
2.29new text begin commissioner of revenue shall deliver the deed conveying the Class 2 land.new text end
2.30new text begin (d) All deeds shall be recorded or registered in the county in which the lands lie.new text end
2.31 new text begin Subd. 7.new text end new text begin Reversionary interest; mineral and water power rights and other new text end
2.32new text begin reservations.new text end new text begin (a) All deeds conveying land given in an expedited land exchange under new text end
2.33new text begin this section shall include a reverter that provides that title to the land automatically reverts new text end
2.34new text begin to the conveying governmental unit if:new text end
2.35new text begin (1) the receiving governmental unit sells, exchanges, or otherwise transfers title of new text end
2.36new text begin the land within 40 years of the date of the deed conveying ownership; andnew text end
3.1new text begin (2) there is no prior written approval for such transfer from the conveying new text end
3.2new text begin governmental unit. The authority for granting approval is the commissioner of natural new text end
3.3new text begin resources for former Class 1 land, the county board for former Class 2 land, and the new text end
3.4new text begin governing body for former Class 3 land.new text end
3.5new text begin (b) Class 1 land given in exchange is subject to the reservation provisions of section new text end
3.6new text begin 94.343, subdivision 4. Class 2 land given in exchange is subject to the reservation new text end
3.7new text begin provisions of section 94.344, subdivision 4. County fee land given in exchange is subject new text end
3.8new text begin to the reservation provisions of section 373.01, subdivision 1, paragraph (g).new text end
3.9 new text begin Subd. 8.new text end new text begin Land status.new text end new text begin Land received in exchange for Class 1 land is subject to the new text end
3.10new text begin same trust, if any, and otherwise has the same status as the land given in exchange. Land new text end
3.11new text begin received in exchange for Class 2 land is subject to a trust in favor of the governmental new text end
3.12new text begin subdivision wherein it lies and all laws relating to tax-forfeited land. Land received in new text end
3.13new text begin exchange for Class 3 land has the same status as the land given in exchange.new text end