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HF 1586

as introduced - 91st Legislature (2019 - 2020) Posted on 02/21/2019 02:05pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to state lands; modifying requirements for conveying certain state land;
adding to and deleting from state parks; authorizing sale of certain surplus state
land; amending Minnesota Statutes 2018, sections 84.0273; 92.115, subdivision
1; 92.45; 94.09, subdivision 3; 94.10.

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

Section 1.

Minnesota Statutes 2018, section 84.0273, is amended to read:


84.0273 ESTABLISHING BOUNDARY LINES RELATING TO CERTAIN STATE
LANDHOLDINGS.

(a) deleted text beginIn orderdeleted text end To resolve boundary line issues affecting the ownership interests of the state
and adjacent landowners, the commissioner of natural resources may, in the name of the
state upon terms the commissioner deems appropriate, convey, by a boundary line agreement,
quitclaim deed, or management agreement in such form as the attorney general approves,
such rights, titles, and interests of the state in state lands for such rights, titlesnew text begin,new text end and interests
in adjacent lands as are necessary deleted text beginfor the purpose of establishingdeleted text endnew text begin to establishnew text end boundaries.new text begin
The commissioner must publish
new text end a notice of the proposed conveyance and a brief statement
of the reason deleted text begintherefor shall be publisheddeleted text endnew text begin for the conveyancenew text end once in the State Register deleted text beginby
the commissioner between 15 and
deleted text endnew text begin at leastnew text end 30 days deleted text beginprior todeleted text endnew text begin before thenew text end conveyance. deleted text beginThe
provisions of
deleted text end This paragraph deleted text beginaredeleted text endnew text begin isnew text end not intended to replace or supersede laws relating to
land exchange or disposal of surplus state property.

(b) deleted text beginIn orderdeleted text end To resolve trespass issues affecting the ownership interests of the state and
adjacent landowners, the commissioner of natural resources, in the name of the state, may
sell surplus lands not needed for natural resource purposes at private sale to adjoining
property owners and leaseholders. The conveyance must be by quitclaim in a form approved
by the attorney general for a consideration not less than the value determined according to
section 94.10, subdivision 1.

(c) Paragraph (b) applies to all state-owned lands managed by the commissioner of
natural resources, except school trust land as defined in section 92.025. For acquired lands,
the commissioner may sell the surplus lands as provided in paragraph (b) notwithstanding
the offering to public entities, public sale, and related notice and publication requirements
of sections 94.09 to 94.165. For consolidated conservation lands, the commissioner may
sell the surplus lands as provided in paragraph (b) notwithstanding the classification and
public sale provisions of chapters 84A and 282.

Sec. 2.

Minnesota Statutes 2018, section 92.115, subdivision 1, is amended to read:


Subdivision 1.

Land valuation required.

Before offering any state land for sale under
this chapter, the commissioner must establish the value of the land. The commissioner shall
have the land appraised if the estimated market value is in excess of deleted text begin$50,000deleted text endnew text begin $100,000new text end.

Sec. 3.

Minnesota Statutes 2018, section 92.45, is amended to read:


92.45 STATE LAND ON MEANDERED LAKES WITHDRAWN FROM SALE.

(a) All state lands, excluding school trust landsnew text begin and lands declared surplus by the
commissioner
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.

(b) 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.

(c) Except for sales under section 282.018, subdivision 1, when a state agencynew text begin other
than the Department of Natural Resources
new text end or new text beginwhen new text endany 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 deleted text beginover which the commissioner has jurisdictiondeleted text end. 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.

(d) 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.

Sec. 4.

Minnesota Statutes 2018, section 94.09, subdivision 3, is amended to read:


Subd. 3.

Notice to agencies; determination of surplus.

The commissioner of natural
resources shall send written notice to deleted text beginall state departments, agencies and the University of
Minnesota
deleted text endnew text begin the Departments of Administration and Transportation, the Board of Water and
Soil Resources, the Office of School Trust Lands, the legal or land departments of the
University of Minnesota and Minnesota State Colleges and Universities, the Minnesota
Indian Affairs Council, and any other state department or agency that requests to receive
notices
new text end describing any lands or tracts deleted text beginwhichdeleted text endnew text begin thatnew text end may be declared surplus. If a deleted text begindepartment
or agency or the University of Minnesota
deleted text endnew text begin recipient of the noticenew text end desires custody of the lands
or tracts, deleted text beginit shalldeleted text endnew text begin the recipient mustnew text end submit a written request to the commissionerdeleted text begin,deleted text end no later
than four calendar weeks after mailing of the noticedeleted text begin,deleted text end setting forth in detail deleted text beginitsdeleted text endnew text begin thenew text end reasons
for desiring to acquiredeleted text begin,deleted text end and deleted text beginitsdeleted text endnew text begin thenew text end intended use ofdeleted text begin,deleted text end the land or tract. The commissioner shall
then determine whether any of the lands deleted text begindescribed in the certifications of the heads of the
departments or agencies
deleted text endnew text begin so requestednew text end should be declared surplus and offered for sale or
otherwise disposed of by transferring custodial control to other requesting state departments
or agencies or to the Board of Regents of the University of Minnesota for educational
purposes, provided however that transfer to the Board of Regents deleted text beginshalldeleted text endnew text begin isnew text end not deleted text beginbedeleted text end determinative
of tax exemption or immunity. If the commissioner determines that any of the lands are no
longer needed for state purposes, the commissioner shall make findings of fact, describe
the lands, declare the lands to be surplus state land, and state the reasons for the sale or
disposition of the lands.

Sec. 5.

Minnesota Statutes 2018, section 94.10, is amended to read:


94.10 SURVEYS, APPRAISALS, AND SALE.

Subdivision 1.

Appraisal; notice and offer to public bodies.

(a) Before offering any
surplus state-owned lands for sale, the commissioner of natural resources must establish
the value of the lands. The commissioner shall have the lands appraised if the estimated
value is in excess of deleted text begin$50,000deleted text endnew text begin $100,000new text end. No parcel of state-owned land shall be sold for less
than $1,000.

(b) The appraisals must be made by regularly appointed and qualified state appraisers.
To be qualified, an appraiser must hold a state appraiser license issued by the Department
of Commerce. The appraisal must be in conformity with the Uniform Standards of
Professional Appraisal Practice of the Appraisal Foundation.

(c) Before offering surplus state-owned lands for public sale, the lands deleted text beginshalldeleted text endnew text begin mustnew text end first
be offered to the city, county, town, school district, or other public body corporate or politic
in which the lands are situated for public purposes and the lands may be sold for public
purposes for not less than the appraised value of the lands. To determine whether a public
body desires to purchase the surplus land, the commissioner of natural resources shall give
a written notice to the governing body of each political subdivision whose jurisdictional
boundaries include or are adjacent to the surplus land. If a public body desires to purchase
the surplus land, deleted text beginit shalldeleted text endnew text begin the public body mustnew text end submit a written offer to the commissioner
no later than two weeks after receipt of notice setting forth in detail deleted text beginitsdeleted text endnew text begin thenew text end reasons for
desiring to acquire and deleted text beginitsdeleted text endnew text begin thenew text end intended use of the land. deleted text beginIn the event thatdeleted text endnew text begin Ifnew text end more than one
public body tenders an offer, the commissioner shall determine which party shall receive
the property and shall submit written findings regarding the decision. If lands are offered
for sale for public purposes and if a public body notifies the commissioner of its desire to
acquire the lands, the public body may have up to two years from the date of the accepted
offer to deleted text begincommence paymentdeleted text endnew text begin begin payingnew text end for the lands in the manner provided by law.

new text begin (d) Before offering surplus state-owned lands that are located within the reservation
boundary of a federally recognized Indian tribe for public sale or before offering the lands
to an entity specified in paragraph (c), the lands must first be offered to the Indian tribe.
The lands may be sold for not less than the appraised value of the lands. To determine
whether an Indian tribe desires to purchase the surplus land, the commissioner of natural
resources must give a written notice to the governing body of the Indian tribe. If the Indian
tribe desires to purchase the surplus land, the tribe must submit a written offer to the
commissioner no later than two weeks after receiving the notice. If an Indian tribe notifies
the commissioner of its desire to acquire the lands, the Indian tribe has up to two years from
the date of the accepted offer to begin paying for the lands in the manner provided by law.
new text end

Subd. 2.

Public sale requirements.

(a) After complying with subdivision 1 and before
any public sale of surplus state-owned land is made and at least 30 days before the sale, the
deleted text begin commissioner of natural resources shall publish a notice of the sale in a newspaper of general
distribution in the county in which the real property to be sold is situated. The notice shall
specify the time and place at which the sale will commence, a general description of the
lots or tracts to be offered, and a general statement of the terms of sale. The
deleted text end commissioner
shall deleted text beginalsodeleted text end provide electronic notice of new text beginthe new text endsale.

(b) The minimum bid for a parcel of land must include the estimated value or appraised
value of the land and any improvements and, if any of the land is valuable for merchantable
timber, the value of the merchantable timber. The minimum bid may include expenses
incurred by the commissioner in rendering the property salable, including survey, appraisal,
legal, advertising, and other expenses.

(c) The purchaser of state land must pay recording fees and the state deed tax.

(d) Except as provided under paragraph (e), parcels remaining unsold after the offering
may be sold to anyone agreeing to pay at least 75 percent of the appraised value. The sale
deleted text begin shalldeleted text endnew text begin mustnew text end continue until all parcels are sold or until the commissioner orders a reappraisal
or withdraws the remaining parcels from sale.

(e) The commissioner may retain the services of a licensed real estate broker to find a
buyer for parcels remaining unsold after the offering. The sale price may be negotiated by
the broker, but must not be less than 90 percent of the appraised value as determined by the
commissioner. The broker's fee must be established by prior agreement between the
commissioner and the broker and must not exceed ten percent of the sale price for sales of
$10,000 or more. The broker's fee must be paid to the broker from the proceeds of the sale.

(f) Public sales of surplus state-owned land may be conducted through online auctions.

Sec. 6. new text beginADDITION TO STATE PARK.
new text end

new text begin [85.012] [Subd. 23a.] Glendalough State Park, Otter Tail County.
new text end

new text begin The following areas are added to Glendalough State Park, Otter Tail County:
new text end

new text begin (1) Government Lot 2, Section 12, Township 133 North, Range 40 West, Otter Tail
County, Minnesota, subject to an existing conservation easement; and
new text end

new text begin (2) the West Half of the Southeast Quarter and Government Lots 2 and 3, Section 11,
Township 133 North, Range 40 West, Otter Tail County, Minnesota, except that part of
said Government Lot 2 platted as Walvatne Addition. Subject to an existing conservation
easement.
new text end

Sec. 7. new text beginDELETION FROM STATE PARK.
new text end

new text begin [85.012] [Subd. 49.] St. Croix State Park, Pine County. new text end new text begin The following area is deleted
from St. Croix State Park, Pine County: that part of the North Half of the Northwest Quarter
of Section 29 and that part of the Northeast Quarter of the Northeast Quarter of Section 30,
Township 41 North, Range 17 West, Pine County, Minnesota, lying north of County Road
48.
new text end

Sec. 8. new text beginPRIVATE SALE OF SURPLUS STATE LAND BORDERING PUBLIC
WATER; CARLTON COUNTY.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45, 94.09, and 94.10, the
commissioner of natural resources may sell by private sale the surplus land bordering public
water that is described in paragraph (c).
new text end

new text begin (b) The commissioner may make necessary changes to the legal description to correct
errors and ensure accuracy.
new text end

new text begin (c) The land that may be sold is located in Carlton County and is described as:
Government Lot 6, Section 1, Township 48 North, Range 19 West.
new text end

new text begin (d) The land borders Perch Lake and is not contiguous to other state lands. The
Department of Natural Resources has determined that the land is not needed for natural
resource purposes and that the state's land management interests would be best served if
the land were sold to a federally recognized Indian tribe for land consolidation purposes.
new text end

Sec. 9. new text beginPUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC
WATER; CASS COUNTY.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural
resources may sell by public sale the surplus land bordering public water that is described
in paragraph (c).
new text end

new text begin (b) The commissioner may make necessary changes to the legal description to correct
errors and ensure accuracy.
new text end

new text begin (c) The land that may be sold is located in Cass County and is described as: Lot 7, Block
1, Dell's Sleepy Hollow, located in Section 22, Township 140 North, Range 29 West.
new text end

new text begin (d) The land borders Woman Lake and is not contiguous to other state lands. The
Department of Natural Resources has determined that the land is not needed for natural
resource purposes and that the state's land management interests would best be served if
the land was returned to private ownership.
new text end

Sec. 10. new text beginPRIVATE SALE OF SURPLUS LAND BORDERING PUBLIC WATER;
HUBBARD COUNTY.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45, 94.09, and 94.10, the
commissioner of natural resources may sell by private sale the surplus lands bordering
public water that is described in paragraph (c) to Hubbard County for no consideration.
new text end

new text begin (b) The commissioner may make necessary changes to the legal descriptions to correct
errors and ensure accuracy.
new text end

new text begin (c) The lands that may be conveyed are located in Hubbard County and are described
as:
new text end

new text begin (1) the East 285.00 feet of the West 660.00 feet of Government Lot 4 of Section 27,
Township 141 North, Range 34 West. Including all riparian rights to the contained 2.3 acres,
more or less; and
new text end

new text begin (2) that part of Government Lot 2 of Section 34, Township 141 North, Range 34 West,
described as follows:
new text end

new text begin Commencing at the northwest corner of said Government Lot 2; thence South 89 degrees
27 minutes 15 seconds East, bearing assumed, along the north line of said Section 34 a
distance of 375.18 feet to the point of beginning; thence continuing South 89 degrees
27 minutes 15 seconds East along said north line a distance of 285.13 feet; thence South
02 degrees 01 minutes 46 seconds East along a line parallel with and 660.00 feet from
the west line of said Government Lot 2 a distance of 77.98 feet; thence North 88 degrees
14 minutes 48 seconds East a distance of 65.77 feet along a line which if continued
550.00 feet would intersect an angle iron previously used as the northeast corner of said
Government Lot 2; thence South 01 degrees 45 minutes 12 seconds East along a line
parallel with and 550.00 feet west of a previously established survey line a distance of
650.18 feet to the boundary line as established by that certain agreement between Richard
Dusbabek and Jean Dusbabek, husband and wife, and Donald S. Olson and Betty Jane
Olson, husband and wife, and filed for record on May 10, 1982, in the office of the
county recorder in Book 146 of Deeds, page 806; thence South 88 degrees 12 minutes
12 seconds West along said boundary line a distance of 179.39 feet; thence North 12
degrees 07 minutes 46 seconds West a distance of 663.07 feet; thence North 32 degrees
35 minutes 05 seconds West a distance of 101.91 feet to the point of beginning; containing
4.1 acres.
new text end

new text begin (d) The lands border Big Sand Lake. The Department of Natural Resources has
determined that the lands are not needed for natural resource purposes and that the state's
land management interests would best be served if the lands were conveyed to Hubbard
County.
new text end

Sec. 11. new text beginPUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC
WATER; KANABEC COUNTY.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural
resources may sell by public sale the surplus land bordering public water that is described
in paragraph (c).
new text end

new text begin (b) The commissioner may make necessary changes to the legal description to correct
errors and ensure accuracy.
new text end

new text begin (c) The land that may be sold is located in Kanabec County and is described as: that part
of the West 200 feet of the Northwest Quarter of Section 13, Township 42 North, Range
23 West, Kanabec County, Minnesota, lying northerly of the centerline of the Snake River.
new text end

new text begin (d) The land borders the Snake River and is not contiguous to other state lands. The
Department of Natural Resources has determined that the land is not needed for natural
resource purposes and that the state's land management interests would best be served if
the land was returned to private ownership.
new text end

Sec. 12. new text beginPUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC
WATER; OTTER TAIL COUNTY.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural
resources may sell by public sale the surplus land bordering public water that is described
in paragraph (c).
new text end

new text begin (b) The commissioner may make necessary changes to the legal description to correct
errors and ensure accuracy.
new text end

new text begin (c) The land that may be sold is located in Otter Tail County and is described as:
new text end

new text begin Lots 25, 26, and 27 in Block 2 of Jackson and Mckee's Addition, according to the plat
thereof, on file and of record in the Office of the Recorder, Otter Tail County, Minnesota,
less and except that part of said Lot 27 in Block 2 of Jackson and Mckee's Addition, Otter
Tail County, Minnesota, South of the line between Government Lots 2 and 3, Section 14,
Township 136, Range 38.
new text end

new text begin (d) The land borders Big Pine Lake and is not contiguous to other state lands. The
Department of Natural Resources has determined that the land is not needed for natural
resource purposes and that the state's land management interests would best be served if
the land was returned to private ownership.
new text end

Sec. 13. new text beginPUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC
WATER; WABASHA COUNTY.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural
resources may sell by public sale the surplus land bordering public water that is described
in paragraph (c).
new text end

new text begin (b) The commissioner may make necessary changes to the legal description to correct
errors and ensure accuracy.
new text end

new text begin (c) The land that may be sold is located in Wabasha County and is described as: Lot 4,
Section 8, Township 109, Range 12, lying and being in the county of Wabasha, State of
Minnesota.
new text end

new text begin (d) The land borders the Zumbro River and is not contiguous to other state lands. The
Department of Natural Resources has determined that the land is not needed for natural
resource purposes and that the state's land management interests would best be served if
the land was returned to private ownership.
new text end

Sec. 14. new text beginPRIVATE SALE OF SURPLUS STATE LAND BORDERING PUBLIC
WATER; YELLOW MEDICINE COUNTY.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45, 94.09, and 94.10, the
commissioner of natural resources may sell by private sale the surplus land bordering public
water that is described in paragraph (c) to the United States for no consideration.
new text end

new text begin (b) The commissioner may make necessary changes to the legal description to correct
errors and ensure accuracy.
new text end

new text begin (c) The land that may be sold is located in Yellow Medicine County and is described
as: the South 33.00 feet of the Northwest Quarter of the Northwest Quarter and that part of
Government Lot 1, Section 22, Township 114 North, Range 41 West, Yellow Medicine
County, Minnesota, described as follows:
new text end

new text begin Beginning at the southwest corner of said Government Lot 1; thence on an assumed
bearing of North 01 degrees 09 minutes 07 seconds West along the west line of said
Government Lot 1 a distance of 33.00 feet; thence North 89 degrees 42 minutes 02
seconds East parallel with the south line of said Government Lot 1 a distance of 150.00
feet; thence North 00 degrees 17 minutes 58 seconds West 267.00 feet; thence North 89
degrees 42 minutes 02 seconds East 754 feet more or less, to the water's edge of Spellman
Lake; thence southwesterly along said water's edge 760 feet, more or less, to the south
line of said Government Lot 1; thence South 89 degrees 42 minutes 02 seconds West
along the south line of said Government Lot 1 a distance of 288 feet, more or less, to
the point of beginning; including all riparian rights to the contained 4.1 acres, more or
less.
new text end

new text begin (d) The land borders Spellman Lake and is not contiguous to other state lands but is
adjacent to a waterfowl production area. The Department of Natural Resources has
determined that the land would best be managed by the United States Fish and Wildlife
Services as part of a waterfowl production area.
new text end