HF 1162

as introduced - 89th Legislature (2015 - 2016) Posted on 03/19/2015 03:50pm

A bill for an act
relating to state lands; exempting university land from the prohibition on selling
lands bordering public waters; amending Minnesota Statutes 2014, section 92.45.

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

Section 1.

Minnesota Statutes 2014, section 92.45, is amended to read:

92.45 STATE LAND ON MEANDERED LAKES WITHDRAWN FROM SALE.

All state lands, excluding school trust lands new text begin and university lands new text end , bordering on or
adjacent to meandered lakes and other public waters and watercourses, with the live
timber growing on them, are withdrawn from sale except as provided in this section. The
commissioner of natural resources may sell the timber as otherwise provided by law for
cutting and removal under conditions the commissioner prescribes. The conditions must
be in accordance with approved, sustained-yield forestry practices. The commissioner
must reserve the timber and impose other conditions the commissioner deems necessary to
protect watersheds, wildlife habitat, shorelines, and scenic features. Within the area in
Cook, Lake, and St. Louis Counties described in the Act of Congress approved July 10,
1930, (Statutes at Large, volume 46, page 1020), the timber on state lands is subject to
restrictions like those now imposed by the act on federal lands.

The following land is reserved for public travel: of all land bordering on or adjacent
to meandered lakes and other public waters and watercourses and withdrawn from sale, a
strip two rods wide, the ordinary high-water mark being its waterside boundary, and its
landside boundary a line drawn parallel to the ordinary high-water mark and two rods
distant landward from it. Wherever the conformation of the shore line or conditions
require, the commissioner must reserve a wider strip.

Except for sales under section 282.018, subdivision 1, when a state agency or any
other unit of government requests the legislature to authorize the sale of state lands
bordering on or adjacent to meandered lakes and other public waters and watercourses, the
commissioner shall evaluate the lands and their public benefits and make recommendations
on the proposed dispositions to the committees of the legislature with jurisdiction
over natural resources. The commissioner shall include any recommendations of the
commissioner for disposition of lands withdrawn from sale under this section over which
the commissioner has jurisdiction. The commissioner's recommendations may include a
public sale, sale to a private party, acquisition by the commissioner for public purposes,
retention of a conservation easement for shoreland preservation by the commissioner
under chapter 84C, or a cooperative management agreement with, or transfer to, another
unit of government.

The commissioner may sell state lands bordering on or adjacent to the Mississippi
River or any lakes, waters, and watercourses in its bottom lands, desired or needed by the
United States government for, or in connection with, any project heretofore authorized
by Congress, to improve navigation in the Mississippi River at public sale according
to law, as in other cases, upon application by an authorized United States official. The
application must describe the land and include a map showing its location with reference
to adjoining properties.