Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature
Office of the Revisor of Statutes

HF 1073

as introduced - 88th Legislature (2013 - 2014) Posted on 03/04/2013 01:43pm

KEY: stricken = removed, old language.
underscored = added, new language.
Version List Authors and Status
Pdf Rtf

Bill Text Versions

Engrossments
Introduction Posted on 03/04/2013

Current Version - as introduced

Line numbers 1.1 1.2 1.3 1.4 1.5 1.6
1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18
1.19 1.20 1.21 1.22 1.23 2.1 2.2
2.3 2.4

A bill for an act
 relating to damages; requiring mutual agreement for damages arising from state
mineral leases; amending Minnesota Statutes 2012, sections 93.05, subdivision
2; 93.55, subdivision 3; repealing Minnesota Statutes 2012, section 93.05,
subdivision 3.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2012, section 93.05, subdivision 2, is amended to read:


Subd. 2.

Security for damagesdeleted text begin ; condemnationdeleted text end .

Before entering upon lands
described in subdivision 1, the lease holder shall pay or secure to the owner of the lands
all damages which may arise deleted text begin therefrom and the same may bedeleted text end new text begin asnew text end determined deleted text begin eitherdeleted text end by
mutual agreement deleted text begin or, if the interested parties cannot agree, then the holder of the mineral
lease may, in the name of the state of Minnesota, institute proceedings to condemn the
same according to chapter 117; provided, that the state shall bear no part of the cost of
these proceedings, nor pay any part of the damages awarded in the proceedingsdeleted text end .new text begin The
owner of lands may file an action against a lease holder in district court for an order to
compel compliance with this subdivision. Either party may file a request for court-ordered
mediation if a dispute arises because the parties are unable to mutually agree upon an
amount of damages that must be paid or secured.
new text end

Sec. 2.

Minnesota Statutes 2012, section 93.55, subdivision 3, is amended to read:


Subd. 3.

Terms of lease.

The commissioner may lease severed mineral interests
described in subdivision 1 in the same manner as provided in section 93.335, for the
lease of minerals and mineral rights becoming the absolute property of the state under
the tax lawsdeleted text begin , except that no permit or lease issued pursuant to this section shall afford the
permittee or lessee any of the rights of condemnation provided in section 93.05, as to
overlying surface interestsdeleted text end .

Sec. 3. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2012, section 93.05, subdivision 3, new text end new text begin is repealed.
 new text end