HF 2301

as introduced - 88th Legislature (2013 - 2014) Posted on 02/25/2014 03:39pm

A bill for an act
relating to state lands; modifying disposition of certain land and revenue;
modifying requirement for commissioner's approval of certain land sales; adding
to and deleting from state forests and recreation areas; authorizing public and
private sales and exchanges of certain state lands; merging certain state parks;
amending Minnesota Statutes 2012, sections 89.022; 282.01, subdivision 3;
282.011, subdivision 1; 282.018, subdivision 1; 282.02; 459.06, subdivisions 1,
3; 477A.17; Minnesota Statutes 2013 Supplement, section 85.012, subdivision
38a; repealing Minnesota Statutes 2012, section 85.012, subdivision 53a.

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

Section 1.

Minnesota Statutes 2013 Supplement, section 85.012, subdivision 38a,
is amended to read:

Subd. 38a.

Lake Vermilion new text begin -Soudan Underground Mine new text end State Park, St. Louis County.

Sec. 2.

Minnesota Statutes 2012, section 89.022, is amended to read:

89.022 DISPOSAL OF TILLABLE LAND IN MEMORIAL HARDWOOD
FOREST.

Subdivision 1.

Exchange or sale required.

If any parcel acquired for the Memorial
Hardwood Forest after July 1, 1977 contains more than ten contiguous acres of tillable
land adjacent to other tillable land or to a maintained public road or a farm homestead
consisting of a residence and farm buildings abutting a maintained public road, the
commissioner of natural resources shall either exchange the land for other land suitable for
forest purposes or declare the land as surplus land deleted text begin to the commissioner of administration deleted text end .
deleted text begin The commissioner of administration shall offer the land for sale in the manner provided
by law not less than six months after acquisition by the state and once thereafter in each
of the next two years. deleted text end Tillable land is land classified as class 1, 2, or 3 as defined by the
United States Soil Conservation Service. Notwithstanding any law to the contrary neither
the state nor any of its subdivisions shall be required to construct or maintain any street,
highway or other road to provide access to any parcel of land sold or exchanged pursuant
to this section. The commissioner of natural resources may retain easements over parcels
sold or exchanged pursuant to this section as are required for purposes of providing access
to public waters or forest lands or access to insure stream bank stabilization and protection.

Subd. 2.

Exemption.

The commissioner of natural resources may apply to the
deleted text begin Legislative-Citizen Commission on Minnesota Resources deleted text end new text begin county board new text end for an exemption
from the exchange or sale requirements of subdivision 1 in instances where it can be
demonstrated that deleted text begin unique recreational, historical or scientific values would be destroyed
by the exchange or sale of deleted text end tillable land deleted text begin or a farm homestead deleted text end new text begin has been or will be acquired
for natural resource and public access purposes new text end . deleted text begin Exemptions shall be decided by the
commission on an individual basis. deleted text end new text begin The county board may approve or disapprove the
exemption. new text end If the application for exemption is not decided by the deleted text begin commission deleted text end new text begin county
board new text end within 90 days, the application shall be deemed to have been deleted text begin denied deleted text end new text begin approved new text end .

Subd. 3.

Disposition.

Money collected pursuant to new text begin this new text end section deleted text begin 89.022 deleted text end shall be
deposited in the deleted text begin general fund deleted text end new text begin natural resources fund established under section 16A.531,
subdivision 2 new text end .

Sec. 3.

Minnesota Statutes 2012, section 282.01, subdivision 3, is amended to read:

Subd. 3.

Nonconservation lands; appraisal and sale.

(a) All parcels of land
classified as nonconservation, except those which may be reserved, shall be sold as
provided, if it is determined, by the county board of the county in which the parcels lie,
that it is advisable to do so, having in mind their accessibility, their proximity to existing
public improvements, and the effect of their sale and occupancy on the public burdens.
Any parcels of land proposed to be sold shall be first appraised by the county board of
the county in which the parcels lie. The parcels may be reappraised whenever the county
board deems it necessary to carry out the intent of sections 282.01 to 282.13.

(b) In an appraisal the value of the land and any standing timber on it shall be
separately determined. No parcel of land containing any standing timber may be sold
until the appraised value of the timber on it and the sale of the land have been approved
by the deleted text begin commissioner of natural resources deleted text end new text begin county board new text end . deleted text begin The commissioner shall base
review of a proposed sale on the policy and considerations specified in subdivision 1. The
decision of the commissioner shall be in writing and shall state the reasons for it. The
commissioner's decision is exempt from the rulemaking provisions of chapter 14 and
section 14.386 does not apply. The county may appeal the decision of the commissioner
in accordance with chapter 14.
deleted text end

deleted text begin (c) In any county in which a state forest or any part of it is located, the county
auditor shall submit to the commissioner at least 60 days before the first publication of the
list of lands to be offered for sale a list of all lands included on the list which are situated
outside of any incorporated municipality. If, at any time before the opening of the sale,
the commissioner notifies the county auditor in writing that there is standing timber on
any parcel of land, the parcel shall not be sold unless the requirements of this section
respecting the separate appraisal of the timber and the approval of the appraisal by the
commissioner have been complied with. The commissioner may waive the requirement
of the 60-day notice as to any parcel of land which has been examined and the timber
value approved as required by this section.
deleted text end

deleted text begin (d) deleted text end new text begin (c) new text end If any public improvement is made by a municipality after any parcel of land
has been forfeited to the state for the nonpayment of taxes, and the improvement is assessed
in whole or in part against the property benefited by it, the clerk of the municipality shall
certify to the county auditor, immediately upon the determination of the assessments for
the improvement, the total amount that would have been assessed against the parcel of land
if it had been subject to assessment; or if the public improvement is made, petitioned for,
ordered in or assessed, whether the improvement is completed in whole or in part, at any
time between the appraisal and the sale of the parcel of land, the cost of the improvement
shall be included as a separate item and added to the appraised value of the parcel of land
at the time it is sold. No sale of a parcel of land shall discharge or free the parcel of land
from lien for the special benefit conferred upon it by reason of the public improvement
until the cost of it, including penalties, if any, is paid. The county board shall determine
the amount, if any, by which the value of the parcel was enhanced by the improvement and
include the amount as a separate item in fixing the appraised value for the purpose of sale.

Sec. 4.

Minnesota Statutes 2012, section 282.011, subdivision 1, is amended to read:

Subdivision 1.

Classification, sale, procedures and conditions.

Any lands which
have become the absolute property of the state through forfeiture for nonpayment of
taxes and which have been classified by the county board as conservation lands under the
provisions of section 282.01, or have been classified as nonagricultural lands under the
provisions of section 282.14, or any such lands which shall hereafter be so classified, may
be designated by the county board of the county in which such lands lie, by resolution duly
adopted, as appropriate and primarily suitable for either specific conservation purposes
or for auxiliary forest lands. Any resolution so adopted, together with a list of the lands
involved shall be forwarded to the deleted text begin commissioner of natural resources who shall promptly
approve or disapprove the whole or any part thereof. The commissioner shall thereupon
make a certificate showing the lands approved, transmit the same to the deleted text end county auditor
who shall record the same. Lands so designated and so approved shall thereupon be
appraised and the whole, or any part thereof, may be offered for sale and sold in the same
manner as provided for the sale of lands classified as nonconservation lands under section
282.01, or as agricultural lands under section 282.14, as the case may be, according to the
status of such lands upon forfeiture. The right to a deed of conveyance to such property
accorded the purchaser at any such sale shall be conditioned upon the lands being placed
in an auxiliary forest or used for designated conservation purposes as designated by the
resolution of the county board.

Sec. 5.

Minnesota Statutes 2012, section 282.018, subdivision 1, is amended to read:

Subdivision 1.

Land on or adjacent to public waters.

(a) All land which is the
property of the state as a result of forfeiture to the state for nonpayment of taxes, regardless
of whether the land is held in trust for taxing districts, and which borders on or is adjacent to
meandered lakes and other public waters and watercourses, and the live timber growing or
being thereon, is hereby withdrawn from sale except as hereinafter provided. The authority
having jurisdiction over the timber on any such lands may sell the timber as otherwise
provided by law for cutting and removal under such conditions as the authority may
prescribe in accordance with approved, sustained yield forestry practices. The authority
having jurisdiction over the timber shall reserve such timber and impose such conditions as
the authority deems necessary for the protection of 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 (46 Stat. 1020), the timber on tax-forfeited lands
shall be subject to like restrictions as are now imposed by that act on federal lands.

(b) Of all tax-forfeited land bordering on or adjacent to meandered lakes and other
public waters and watercourses and so withdrawn from sale, a strip two rods in width,
the ordinary high-water mark being the waterside boundary thereof, and the land side
boundary thereof being a line drawn parallel to the ordinary high-water mark and two rods
distant landward therefrom, hereby is reserved for public travel thereon, and whatever the
conformation of the shore line or conditions require, the authority having jurisdiction over
such lands shall reserve a wider strip for such purposes.

(c) Any tract or parcel of land which has 150 feet or less of waterfront may be sold
by the authority having jurisdiction over the land, in the manner otherwise provided by
law for the sale of such lands, if the authority determines that it is in the public interest
to do so. deleted text begin If the authority having jurisdiction over the land is not the commissioner of
natural resources, the land may not be offered for sale without the prior approval of the
commissioner of natural resources.
deleted text end

deleted text begin (d) Where the authority having jurisdiction over lands withdrawn from sale under
this section is not the commissioner of natural resources, the authority may submit
proposals for disposition of the lands to the commissioner. The commissioner of natural
resources 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 Department of Natural Resources for public purposes, or a
cooperative management agreement with, or transfer to, another unit of government.
deleted text end

Sec. 6.

Minnesota Statutes 2012, section 282.02, is amended to read:

282.02 LIST OF LANDS FOR SALE; NOTICE.

Immediately after classification and appraisal of the land, deleted text begin and after approval by the
commissioner of natural resources when required pursuant to section 282.01, subdivision
3, deleted text end the county board shall provide and file with the county auditor a list of parcels of land
to be offered for sale. This list shall contain a description of the parcels of land and the
appraised value thereof. The auditor shall publish a notice of the intended public sale of
such parcels of land and a copy of the resolution of the county board fixing the terms of
the sale, if other than for cash only, by publication once a week for two weeks in the
official newspaper of the county, the last publication to be not less than ten days previous
to the commencement of the sale.

The notice shall include the parcel's description and appraised value. The notice
shall also indicate the amount of any special assessments which may be the subject of a
reassessment or new assessment or which may result in the imposition of a fee or charge
pursuant to sections 429.071, subdivision 4, 435.23, and 444.076. The county auditor shall
also mail notice to the owners of land adjoining the parcel to be sold. For purposes of this
section, "owner" means the taxpayer as listed in the records of the county auditor.

If the county board of St. Louis or Koochiching Counties determines that the sale
shall take place in a county facility other than the courthouse, the notice shall specify the
facility and its location.

Sec. 7.

Minnesota Statutes 2012, section 459.06, subdivision 1, is amended to read:

Subdivision 1.

Accept donations.

Any county, city, or town may by resolution of
its governing body accept donations of land that the governing body deems to be better
adapted for the production of timber and wood than for any other purpose, for a forest, and
may manage it on forestry principles. The donor of not less than 100 acres of any such
land shall be entitled to have the land perpetually bear the donor's name. The governing
body of any city or town, when funds are available or have been levied therefor, may,
when authorized by a majority vote by ballot of the voters voting at any general or special
city election or town meeting where the question is properly submitted, purchase or
obtain by condemnation proceedings, and preferably at the sources of streams, any tract
of land for a forest which is better adapted for the production of timber and wood than
for any other purpose, and which is conveniently located for the purpose, and manage it
on forestry principles. deleted text begin The selection of the lands and the plan of management must be
approved by the director of lands and forestry. deleted text end The city or town may annually levy a tax
on all taxable property within its boundaries to procure and maintain such forests.

Sec. 8.

Minnesota Statutes 2012, section 459.06, subdivision 3, is amended to read:

Subd. 3.

Withdrawal of tax-forfeited lands.

Any tax-forfeited land which has
been included in a memorial forest established in any county under the provisions of
subdivision 2, and which is found more suitable for other purposes may by resolution of
the county board be withdrawn from the forest for disposal as tax-forfeited land deleted text begin if the
commissioner of natural resources approves the sale of such land deleted text end .

Sec. 9.

Minnesota Statutes 2012, section 477A.17, is amended to read:

477A.17 LAKE deleted text begin VERMILION STATE PARK AND SOUDAN
deleted text end new text begin VERMILION-SOUDAN new text end UNDERGROUND MINE STATE PARK; ANNUAL
PAYMENTS.

(a) deleted text begin Beginning in fiscal year 2012, deleted text end In lieu of the payment amount provided under
section 477A.12, subdivision 1, clause (1), the county shall receive an annual payment
for new text begin state-owned new text end land deleted text begin acquired for deleted text end new text begin within the boundary of new text end Lake Vermilion new text begin -Soudan
Underground Mine new text end State Park, established in section 85.012, subdivision 38a, deleted text begin and land
within the boundary of Soudan Underground Mine State Park, established in section
85.012, subdivision 53a, deleted text end equal to 1.5 percent of the appraised value of the new text begin state-owned new text end land.

(b) For the purposes of this section, the appraised value of the land acquired for
Lake Vermilion new text begin -Soudan Underground Mine new text end State Park for the first five years after
acquisition shall be the purchase price of the land, plus the value of any portion of the land
that is acquired by donation. deleted text begin The appraised value must be redetermined by the county
assessor every five years after the land is acquired. deleted text end new text begin Thereafter, the appraised value of the
state-owned land shall be as determined under section 477A.12, subdivision 3.
new text end

(c) The annual payments under this section shall be distributed to the taxing
jurisdictions containing the property as follows: one-third to the school districts; one-third
to the town; and one-third to the county. The payment to school districts is not a county
apportionment under section 127A.34 and is not subject to aid recapture. Each of those
taxing jurisdictions may use the payments for their general purposes.

(d) Except as provided in this section, the payments shall be made as provided
in sections 477A.11 to 477A.13.

Sec. 10. new text begin DELETIONS FROM STATE RECREATION AREA.
new text end

new text begin [85.013][Subd. 11b.] Greenleaf Lake State Recreation Area, Meeker County.
new text end new text begin The following areas are deleted from the Greenleaf Lake State Recreation Area:
new text end

new text begin (1) the West Half of the Southwest Quarter of Section 29, Township 118 North,
Range 30 West;
new text end

new text begin (2) the Southeast Quarter of the Southeast Quarter, the Northeast Quarter of the
Southeast Quarter, the Southeast Quarter of the Northeast Quarter, and the South 15
acres of the Northeast Quarter of the Northeast Quarter, all in Section 30, Township
118 North, Range 30 West; and
new text end

new text begin (3) the West 15 acres of the Northwest Quarter of the Northwest Quarter of Section
32, Township 118 North, Range 30 West.
new text end

Sec. 11. new text begin ADDITION TO STATE FOREST.
new text end

new text begin [89.021][Subd. 48a.] Snake River State Forest. The following area is added to the
Snake River State Forest: Sections 15 and 16, Township 42 North, Range 23 West.
new text end

Sec. 12. new text begin PRIVATE SALE OF SURPLUS STATE LAND BORDERING PUBLIC
WATER; BECKER 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 sell the land to a local unit of government for less than
the value of the land as determined by the commissioner, but the conveyance must provide
that the land described in paragraph (c) be used for the public and reverts to the state if
the local unit of government fails to provide for public use or abandons the public use
of the land. 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 Becker County and is described as: that
part of the Northwest Quarter of the Northeast Quarter of Section 29, Township 140
North, Range 36 West, described as follows:
new text end

new text begin Commencing at the northwest corner of said Northwest Quarter of the Northeast
Quarter; thence on an assumed bearing of South 89 degrees 36 minutes 26 seconds
East, a distance of 1,020.56 feet along the north line of said Northwest Quarter of
the Northeast Quarter to the point of beginning; thence South 00 degrees 01 minutes
30 seconds West, a distance of 222.19 feet; thence North 73 degrees 06 minutes 43
seconds East, a distance of 222.99 feet; thence North 12 degrees 38 minutes 24
seconds East, a distance of 159.58 feet to the north line of said Northwest Quarter
of the Northeast Quarter; thence North 89 degrees 36 minutes 26 seconds West, a
distance of 248.21 feet along said north line to the point of beginning, excepting the
right-of-way of Minnesota Trunk Highway 34.
new text end

new text begin Containing approximately 0.5 acres, more or less.
new text end

new text begin (d) The land described in paragraph (c) borders the Straight River. 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
were conveyed to a local unit of government for public use.
new text end

Sec. 13. new text begin EXCHANGE OF STATE LAND; KANABEC COUNTY.
new text end

new text begin (a) Notwithstanding the riparian restrictions in Minnesota Statutes, section 94.342,
subdivision 3, the commissioner of natural resources may, with the approval of the Land
Exchange Board as required under the Minnesota Constitution, article XI, section 10, and
according to the remaining provisions of Minnesota Statutes, sections 94.342 to 94.347,
exchange the riparian land described in paragraph (b).
new text end

new text begin (b) The state land that may be exchanged is located in Kanabec County and is
described as:
new text end

new text begin (1) the Northeast Quarter, Northwest Quarter, and Northwest Quarter of the
Southeast Quarter, all in Section 16, Township 42 North, Range 24 West; and
new text end

new text begin (2) the East Half of the Northeast Quarter, North Half of the Southeast Quarter, and
South Half of the Southeast Quarter, all in Section 9, Township 42 North, Range 23 West.
new text end

new text begin (c) The state land administered by the commissioner of natural resources borders
the Snake River. The state land administered by the county borders Hay Creek. While
those lands do not provide at least equal opportunity for access to the waters by the public,
the land to be acquired by the commissioner in the exchange will improve access to
adjacent state forest lands.
new text end

Sec. 14. new text begin PUBLIC SALE OF SURPLUS STATE LAND WITHIN STATE PARK;
KITTSON COUNTY.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, section 85.012, subdivision 1, the
commissioner of natural resources may sell by public sale the surplus land within Lake
Bronson State Park 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 Kittson County and is described as: the
following lots located in the Lakeside Subdivision Plat, located within the Southeast
Quarter of the Northwest Quarter, Section 33, Township 161 North, Range 46 West:
new text end

new text begin (1) Lots 3 and 4, Block 1;
new text end

new text begin (2) Lots 4, 5, 7 to 9, and 13 to 15, Block 4; and
new text end

new text begin (3) Lots 1 to 7 and 12 to 15, Block 5.
new text end

new text begin Containing 2.15 acres, more or less.
new text end

new text begin (d) The Department of Natural Resources has determined that the land is not needed
for natural resource purposes.
new text end

Sec. 15. new text begin MERGER OF SOUDAN UNDERGROUND MINE STATE PARK, ST.
LOUIS COUNTY, INTO LAKE VERMILION STATE PARK, ST. LOUIS COUNTY.
new text end

new text begin Soudan Underground Mine State Park is merged into Lake Vermilion State Park. The
merged park shall be known as Lake Vermilion-Soudan Underground Mine State Park.
new text end

Sec. 16. new text begin REVISOR'S INSTRUCTIONS.
new text end

new text begin (a) In Minnesota Statutes, the revisor of statutes shall combine the legislative history
of Soudan Underground Mine State Park with the legislative history of Lake Vermilion
State Park.
new text end

new text begin (b) In Minnesota Statutes, the revisor of statutes shall renumber section 84.157 as
section 94.3435 and make necessary cross-reference changes in Minnesota Statutes and
Minnesota Rules consistent with the renumbering.
new text end

Sec. 17. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2012, section 85.012, subdivision 53a, new text end new text begin is repealed.
new text end

Sec. 18. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 17 are effective the day following final enactment.
new text end