3rd Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to natural resources; modifying provisions 1.3 for the sale and disposition of surplus state lands; 1.4 modifying certain state land management provisions; 1.5 adding to and removing from certain state forests, 1.6 state wildlife management areas, and land use 1.7 districts; authorizing public and private sales and 1.8 exchanges of certain state lands; modifying prior sale 1.9 authorization; appropriating money; amending Minnesota 1.10 Statutes 2002, sections 15.054; 84.0272, by adding 1.11 subdivisions; 84.033; 85.015, subdivision 1; 86A.05, 1.12 subdivision 14; 89.01, by adding a subdivision; 92.02; 1.13 92.03; 92.04; 92.06, subdivisions 1, 2, 4, 5, by 1.14 adding a subdivision; 92.08; 92.10, subdivision 2; 1.15 92.12, subdivisions 1, 2, 4, 5; 92.121; 92.14, 1.16 subdivision 1; 92.16, by adding a subdivision; 92.28; 1.17 92.29; 92.321, subdivision 1; 94.09, subdivisions 1, 1.18 3; 94.10; 94.11; 94.12; 94.13; 94.16, subdivision 2; 1.19 164.08, subdivision 2; 282.01, subdivision 3; 1.20 Minnesota Statutes 2003 Supplement, sections 525.161; 1.21 525.841; Laws 1999, chapter 161, section 31, 1.22 subdivisions 3, 5, 8; Laws 2003, First Special Session 1.23 chapter 13, section 16; proposing coding for new law 1.24 in Minnesota Statutes, chapters 16B; 92; repealing 1.25 Minnesota Statutes 2002, sections 92.09; 92.11; 94.09, 1.26 subdivisions 2, 4, 5, 6. 1.27 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.28 ARTICLE 1 1.29 SALE AND DISPOSITION OF SURPLUS LANDS 1.30 Section 1. Minnesota Statutes 2002, section 15.054, is 1.31 amended to read: 1.32 15.054 [PUBLIC EMPLOYEES NOT TO PURCHASE MERCHANDISE FROM 1.33 GOVERNMENTAL AGENCIES; EXCEPTIONS; PENALTY.] 1.34 No officer or employee of the state or any of its political 1.35 subdivisions shall sell or procure for sale or possess or 1.36 control for sale to any other officer or employee of the state 2.1 or subdivision, as appropriate, any property or materials owned 2.2 by the state or subdivision except pursuant to conditions 2.3 provided in this section. Property or materials owned by the 2.4 state or a subdivision, except real property,and not needed for 2.5 public purposes, may be sold to an employee of the state or 2.6 subdivision after reasonable public notice at a public auction 2.7 or by sealed response, if the employee is not directly involved 2.8 in the auction or process pertaining to the administration and 2.9 collection of sealed responses. Requirements for reasonable 2.10 public notice may be prescribed by other law or ordinance so 2.11 long as at least one week's published notice is specified. An 2.12 employee of the state or a political subdivision may purchase no 2.13 more than one motor vehicle from the state in any 12-month 2.14 period. A person violating the provisions of this section is 2.15 guilty of a misdemeanor. This section shall not apply to the 2.16 sale of property or materials acquired or produced by the state 2.17 or subdivision for sale to the general public in the ordinary 2.18 course of business. Nothing in this section shall prohibit an 2.19 employee of the state or a political subdivision from selling or 2.20 possessing for sale public property if the sale or possession 2.21 for sale is in the ordinary course of business or normal course 2.22 of the employee's duties. 2.23 Sec. 2. [16B.281] [SALE AND DISPOSITION OF SURPLUS 2.24 STATE-OWNED LAND.] 2.25 Subdivision 1. [APPLICABILITY.] All tracts or lots of real 2.26 property belonging to the state or that may hereafter accrue to 2.27 the state, including tracts or lots that have escheated to the 2.28 state, may be disposed of according to sections 16B.281 to 2.29 16B.287. Sections 16B.281 to 16B.287 do not apply to school or 2.30 other trust fund lands belonging to the state, or that may 2.31 hereafter accrue to the state, under and by virtue of any act of 2.32 Congress or to any other state-owned lands the sale or 2.33 disposition of which is provided for under sections 94.09 to 2.34 94.16 or other law. 2.35 Subd. 2. [CERTIFICATION REQUIRED.] On or before July 1 of 2.36 each year, the head of each department or agency having control 3.1 and supervision over any state-owned land, the sale or 3.2 disposition of which is not otherwise provided for by law, shall 3.3 certify in writing to the commissioner whether there is any 3.4 state-owned land under control and supervision of that 3.5 department or agency that is no longer needed. If the 3.6 certification discloses lands no longer needed for a department 3.7 or agency, the head of the department or agency shall include in 3.8 the certification a description of the lands and the reasons why 3.9 the lands are no longer needed. 3.10 Subd. 3. [NOTICE TO AGENCIES; DETERMINATION OF 3.11 SURPLUS.] On or before October 1 of each year, the commissioner 3.12 shall review the certifications of heads of each department or 3.13 agency provided for in this section. The commissioner shall 3.14 send written notice to all state departments, agencies, and the 3.15 University of Minnesota describing any lands or tracts that may 3.16 be declared surplus. If a department or agency or the 3.17 University of Minnesota desires custody of the lands or tracts, 3.18 it shall submit a written request to the commissioner, no later 3.19 than four calendar weeks after mailing of the notice, setting 3.20 forth in detail its reasons for desiring to acquire and its 3.21 intended use of the land or tract. The commissioner shall then 3.22 determine whether any of the lands described in the 3.23 certifications of the heads of the departments or agencies 3.24 should be declared surplus and offered for sale or otherwise 3.25 disposed of by transferring custodial control to other 3.26 requesting state departments or agencies or to the Board of 3.27 Regents of the University of Minnesota for educational purposes, 3.28 provided however that transfer to the Board of Regents shall not 3.29 be determinative of tax exemption or immunity. If the 3.30 commissioner determines that any of the lands are no longer 3.31 needed for state purposes, the commissioner shall make findings 3.32 of fact, describe the lands, declare the lands to be surplus 3.33 state land, state the reasons for the sale or disposition of the 3.34 lands, and notify the Executive Council of the determination. 3.35 Subd. 4. [EXECUTIVE COUNCIL APPROVAL.] Within 60 days 3.36 after the receipt of the notification from the commissioner, the 4.1 Executive Council shall approve or disapprove the commissioner's 4.2 determinations. If the determinations are approved, the lands 4.3 shall be offered for sale or otherwise disposed of as provided 4.4 for in sections 16B.281 to 16B.287. If the Executive Council 4.5 disapproves the determinations, the same determinations 4.6 regarding the surplus lands may not be resubmitted to the 4.7 Executive Council until at least six months after the date of 4.8 the disapproval. 4.9 Subd. 5. [REPORT REQUIRED.] On or before November 15 of 4.10 each even-numbered year, the commissioner shall report to the 4.11 governor and the legislature the following information for the 4.12 two-year period immediately preceding: 4.13 (1) the lands that state departments and agencies have 4.14 certified as no longer needed; 4.15 (2) the lands that have been determined to be no longer 4.16 needed for state purposes, regarding which the Executive Council 4.17 has been formally notified; and 4.18 (3) the lands that have been publicly sold. 4.19 Subd. 6. [MAINTENANCE OF LAND BEFORE SALE.] The state 4.20 department or agency holding custodial control shall maintain 4.21 the state-owned lands until the lands are sold or otherwise 4.22 disposed of as provided for in sections 16B.281 to 16B.287. 4.23 Sec. 3. [16B.282] [SURVEYS, APPRAISALS, AND SALE.] 4.24 Subdivision 1. [APPRAISAL; NOTICE AND OFFER TO PUBLIC 4.25 BODIES.] (a) Before offering any surplus state-owned lands for 4.26 sale, the commissioner may survey the lands and, if the value of 4.27 the lands is estimated to be $40,000 or less, may have the lands 4.28 appraised. The commissioner shall have the lands appraised if 4.29 the estimated value is in excess of $40,000. 4.30 (b) The appraiser shall, before entering upon the duties of 4.31 the office, take and subscribe an oath that the appraiser will 4.32 faithfully and impartially discharge the duties of appraiser 4.33 according to the best of the appraiser's ability and that the 4.34 appraiser is not interested, directly or indirectly, in any of 4.35 the lands to be appraised or the timber or improvements on the 4.36 lands or in the purchase of the lands, timber, or improvements 5.1 and has entered into no agreement or combination to purchase any 5.2 of the lands, timber, or improvements. The oath shall be 5.3 attached to the appraisal report. 5.4 (c) Before offering surplus state-owned lands for public 5.5 sale, the lands shall first be offered to the city, county, 5.6 town, school district, or other public body corporate or politic 5.7 in which the lands are situated for public purposes and the 5.8 lands may be sold for public purposes for not less than the 5.9 appraised value of the lands. To determine whether a public 5.10 body desires to purchase the surplus land, the commissioner 5.11 shall give a written notice to the governing body of each 5.12 political subdivision whose jurisdictional boundaries include or 5.13 are adjacent to the surplus land. If a public body desires to 5.14 purchase the surplus land, it shall submit a written offer to 5.15 the commissioner no later than two weeks after receipt of notice 5.16 setting forth in detail its reasons for desiring to acquire and 5.17 its intended use of the land. In the event that more than one 5.18 public body tenders an offer, the commissioner shall determine 5.19 which party shall receive the property and shall submit written 5.20 findings regarding the decision. If lands are offered for sale 5.21 for public purposes and if a public body notifies the 5.22 commissioner of its desire to acquire the lands, the public body 5.23 may have up to two years from the date of the accepted offer to 5.24 commence payment for the lands in the manner provided by law. 5.25 Subd. 2. [PUBLIC SALE REQUIREMENTS.] (a) Lands certified 5.26 as surplus by the head of a department or agency under section 5.27 16B.281 shall be offered for public sale by the commissioner as 5.28 provided in this subdivision. After complying with subdivision 5.29 1 and before any public sale of surplus state-owned land is 5.30 made, the commissioner shall publish a notice of the sale at 5.31 least once each week for four successive weeks in a legal 5.32 newspaper and also in a newspaper of general distribution in the 5.33 city or county in which the real property to be sold is 5.34 situated. The notice shall specify the time and place at which 5.35 the sale will commence, a general description of the lots or 5.36 tracts to be offered, and a general statement of the terms of 6.1 sale. Each tract or lot shall be sold separately and shall be 6.2 sold for no less than its appraised value. 6.3 (b) Parcels remaining unsold after the offering may be sold 6.4 to anyone agreeing to pay the appraised value. The sale shall 6.5 continue until all parcels are sold or until the commissioner 6.6 orders a reappraisal or withdraws the remaining parcels from 6.7 sale. 6.8 (c) Except as provided in section 16B.283, the cost of any 6.9 survey or appraisal as provided in subdivision 1 shall be added 6.10 to and made a part of the appraised value of the lands to be 6.11 sold, whether to any political subdivision of the state or to a 6.12 private purchaser as provided in this subdivision. 6.13 Sec. 4. [16B.283] [TERMS OF PAYMENT.] 6.14 No less than ten percent of the purchase price shall be 6.15 paid at the time of sale with the balance payable according to 6.16 this section. If the purchase price of any lot or parcel is 6.17 $5,000 or less, the balance shall be paid within 90 days of the 6.18 date of sale. If the purchase price of any lot or parcel is in 6.19 excess of $5,000, the balance shall be paid in equal annual 6.20 installments for no more than five years, at the option of the 6.21 purchaser, with principal and interest payable annually in 6.22 advance at a rate equal to the rate in effect at the time under 6.23 section 549.09 on the unpaid balance, payable to the state 6.24 treasury on or before June 1 each year. Any installment of 6.25 principal or interest may be prepaid. 6.26 Sec. 5. [16B.284] [CONTRACT FOR DEED AND QUITCLAIM DEED.] 6.27 In the event a purchaser elects to purchase surplus real 6.28 property on an installment basis, the commissioner shall enter 6.29 into a contract for deed with the purchaser, in which shall be 6.30 set forth the description of the real property sold and the 6.31 price of the property, the consideration paid and to be paid for 6.32 the property, the rate of interest, and time and terms of 6.33 payment. The contract for deed shall be made assignable and 6.34 shall further set forth that in case of the nonpayment of the 6.35 annual principal or interest payment due by the purchaser, or 6.36 any person claiming under the purchaser, then the contract for 7.1 deed, from the time of the failure, is entirely void and of no 7.2 effect and the state may be repossessed of the lot or tract and 7.3 may resell the lot or tract as provided in sections 16B.281 to 7.4 16B.287. In the event the terms and conditions of a contract 7.5 for deed are completely fulfilled or if a purchaser makes a 7.6 lump-sum payment for the subject property in lieu of entering 7.7 into a contract for deed, the commissioner shall sign and cause 7.8 to be issued a quitclaim deed on behalf of the state. The 7.9 quitclaim deed shall be in a form prescribed by the attorney 7.10 general and shall vest in the purchaser all of the state's 7.11 interest in the subject property except as provided in section 7.12 16B.286. 7.13 Sec. 6. [16B.285] [RECORD OF CONTRACTS FOR DEED AND 7.14 ASSIGNMENTS; EFFECT.] 7.15 (a) A contract for deed issued for land sold according to 7.16 sections 16B.281 to 16B.287, or any assignment thereof, executed 7.17 and acknowledged as provided by law for the execution and 7.18 acknowledgment of deeds, may be recorded in the office of the 7.19 county recorder of any county in the state in the same manner 7.20 and with like effect as deeds are therein recorded. The 7.21 contract for deed entitles the purchaser, or the heirs and 7.22 assigns of the purchaser, to the exclusive possession of the 7.23 land therein described, provided its terms have been in all 7.24 respects complied with, and the contract for deed and the record 7.25 thereof is conclusive evidence of title in the purchaser, or the 7.26 heirs and assigns of the purchaser, for all purposes and against 7.27 all persons, except the state of Minnesota in case of forfeiture. 7.28 (b) When a contract for deed or partial interest in a 7.29 contract for deed is assigned, the assignment must be made on a 7.30 form provided by the commissioner, executed by the assignor and 7.31 assignee, and consented to by the commissioner. An assignment 7.32 of a partial interest must state that payment to date has been 7.33 made to the commissioner. 7.34 (c) When the assignee satisfies the terms of the assignment 7.35 and corresponding terms of the contract for deed, the 7.36 commissioner shall issue a deed to the assignee. 8.1 Sec. 7. [16B.286] [RESERVATION OF MINERALS.] 8.2 The state reserves for its own use all the iron, coal, 8.3 copper, and other valuable minerals in or upon all lands that 8.4 may be sold under sections 16B.281 to 16B.287 and any contract 8.5 for deed or quitclaim deed shall contain a clause reserving all 8.6 such minerals for the use of the state. 8.7 Sec. 8. [16B.287] [DISPOSITION OF PROCEEDS FROM SURPLUS 8.8 STATE-OWNED LAND.] 8.9 Subdivision 1. [PAYMENT OF EXPENSES.] Money received from 8.10 the sale of surplus state-owned land according to sections 8.11 16B.281 to 16B.287 shall be credited to the general fund except 8.12 as provided in this section. 8.13 Subd. 2. [PAYMENT OF EXPENSES.] A portion of the proceeds 8.14 from the sale equal in amount to the survey, appraisal, legal, 8.15 advertising, and other expenses incurred by the commissioner or 8.16 other state official in rendering the property salable shall be 8.17 remitted to the account from which the expenses were paid and 8.18 are appropriated and immediately available for expenditure in 8.19 the same manner as other money in the account. 8.20 Sec. 9. Minnesota Statutes 2002, section 85.015, 8.21 subdivision 1, is amended to read: 8.22 Subdivision 1. [ACQUISITION.] (a) The commissioner of 8.23 natural resources shall establish, develop, maintain, and 8.24 operate the trails designated in this section. Each trail shall 8.25 have the purposes assigned to it in this section. The 8.26 commissioner of natural resources may acquire lands by gift or 8.27 purchase, in fee or easement, for the trail and facilities 8.28 related to the trail. 8.29 (b) Notwithstanding the offering to public entities, 8.30referral to Executive Council,public sale, and related notice 8.31 and publication requirements of sections 94.09 to 94.165, the 8.32 commissioner of natural resources, in the name of the state, may 8.33 sell surplus lands not needed for trail purposes at private sale 8.34 to adjoining property owners and leaseholders. The conveyance 8.35 must be by quitclaim in a form approved by the attorney general 8.36 for a consideration not less than the appraised value. 9.1 Sec. 10. Minnesota Statutes 2002, section 89.01, is 9.2 amended by adding a subdivision to read: 9.3 Subd. 5a. [SALE OF STATE FOREST LAND.] Any state lands 9.4 included in areas set apart as state forests are eliminated from 9.5 the state forest upon sale under the provisions of sections 9.6 92.06 to 92.09 or 94.09 to 94.16. 9.7 Sec. 11. Minnesota Statutes 2002, section 92.02, is 9.8 amended to read: 9.9 92.02 [AUTHORITY.] 9.10 Sales under this chapter must be conducted by the 9.11 commissioner, a deputy of the commissioner, or a competent 9.12 person employed by the commissionerand bonded in a sum of at9.13least $10,000. 9.14 Sec. 12. Minnesota Statutes 2002, section 92.03, is 9.15 amended to read: 9.16 92.03 [MINIMUM PRICE OF LANDS.] 9.17 Subdivision 1. [SCHOOL LANDS.] The price of school lands 9.18 must be at least $5 an acre, including the value of timber 9.19 reproduction.Sales of school lands must be held within the9.20county containing the lands or an adjacent county.No more than 9.21 100,000 acres of school lands may be sold in one year. If a 9.22 patent has been issued by the federal government to school land 9.23 before 1864 and the taxes on it have been paid for at least 35 9.24 years, the commissioner of finance may reduce the minimum price 9.25 of $5 an acre by the taxes paid to make the land salable. 9.26 Subd. 2. [UNIVERSITY LANDS.] The price of lands donated to 9.27 the state by the United States by act of Congress entitled "An 9.28 act donating to the states of Minnesota and Oregon certain lands 9.29 reserved by Congress for the territories of Minnesota and 9.30 Oregon, for university purposes," approved March 2, 1861, and by 9.31 an act of Congress entitled "An act donating public lands to the 9.32 several states and territories which may provide colleges for 9.33 the benefit of agriculture and mechanic arts," approved July 2, 9.34 1862, must be at least $5 an acre, including the value of timber 9.35 reproduction. Thedirectorcommissioner shallappraise these9.36lands or any part of them andsell them in accordance with this 10.1 chapter. 10.2 Subd. 4. [INTERNAL IMPROVEMENT LANDS.] Lands donated to 10.3 the state under the eighth section of an act of Congress 10.4 entitled "An act to appropriate the proceeds of the sales of the 10.5 public lands, and to grant preemption rights," approved 10.6 September 4, 1841, must beappraised andsold and the money 10.7 derived from its sale invested, as provided by the Minnesota 10.8 Constitution, article XI, section 8. 10.9 Sec. 13. Minnesota Statutes 2002, section 92.04, is 10.10 amended to read: 10.11 92.04 [MINIMUM PRICE OF CERTAIN STATE LANDS.] 10.12 Lands selected for state institutions under an act of the 10.13 legislature entitled "An act to appropriate swamp lands to 10.14 certain educational and charitable institutions and for the 10.15 purpose of creating a state prison," approved February 13, 1865, 10.16 and lands known as state capitol lands, must beappraised and10.17 sold as school lands are sold. The price of lands belonging to 10.18 the state by virtue of the Congressional acts in this section 10.19 and section 92.03 must be at least $5 an acre, including the 10.20 value of timber reproduction. The terms of payment and 10.21 conditions of sale must be the same asnowprovided by law. 10.22 When state lands have been benefited by and assessments paid for 10.23 drainage, the drainage improvements must be considered by the 10.24 state land examiner in making appraisals. When the drained 10.25 lands are sold, the principal and interest paid on it must be 10.26 credited by thedirectorcommissioner to the proper fund to 10.27 which the land belongs. 10.28 Sec. 14. Minnesota Statutes 2002, section 92.06, 10.29 subdivision 1, is amended to read: 10.30 Subdivision 1. [TERMS FOR LAND SALES HELD BEFORE JULY 1, 10.31 2004.] (a) The terms of payment on the sale of state public 10.32 lands held before July 1, 2004, must be as follows: The 10.33 purchaser shall pay in cash at the time of sale the appraised 10.34 value of all timber and costs determined by the commissioner to 10.35 be associated with the sale including survey, appraisal, 10.36 publication, deed tax, filing fee, and similar costs. At least 11.1 15 percent of the purchase price of the land exclusive of timber 11.2 and associated costs must be paid in cash at the time of sale. 11.3 The balance of the purchase price must be paid in no more than 11.4 20 equal annual installments. Payments must be made by June 1 11.5 each year following the year in which the purchase was made, 11.6 with interest at the rate in effect at the time of sale, 11.7 calculated under this subdivision, on the unpaid balances. Any 11.8 installment of principal or interest may be paid in advance, but 11.9 part payment of an installment will not be accepted. For the 11.10 purpose of computing interest, any installment of principal not 11.11 paid on June 1 shall be credited on the following June 1. The 11.12 purchaser may pay the balance due on a sale within 30 days of 11.13 the sale with no interest due. 11.14 (b) Interest on unpaid balances must be computed as annual 11.15 simple interest. The rate of interest must be based on average 11.16 effective interest rates on mortgage loans as provided in 11.17 paragraph (c). 11.18 (c) On or before December 31 of each year, the commissioner 11.19 of natural resources shall determine the rate from the average 11.20 effective interest rate on loans closed using the Office of 11.21 Thrift Supervision series, formerly the Federal Home Loan Bank 11.22 Board series, or its successor agency, for the most recent 11.23 calendar month, reported on a monthly basis in the latest 11.24 statistical release of the Board of Governors of the Federal 11.25 Reserve System. This yield, rounded to the nearest quarter of 11.26 one percent, is the annual interest rate for sales of state land 11.27 during the succeeding calendar year. 11.28 (d) For state land sales in calendar year 1993 after July 11.29 1, 1993, the rate is eight percent, which is the September 1992 11.30 average from the Office of Thrift Supervision series, rounded to 11.31 the nearest quarter of one percent. 11.32 Sec. 15. Minnesota Statutes 2002, section 92.06, is 11.33 amended by adding a subdivision to read: 11.34 Subd. 1a. [TERMS FOR LAND SALES AFTER JULY 1, 11.35 2004.] Notwithstanding subdivision 1, for state land sales on or 11.36 after July 1, 2004, the purchaser must pay at the time of sale 12.1 ten percent of the total amount bid and the remainder of the 12.2 payment is due within 90 days of the sale date. A person who 12.3 fails to make final payment within 90 days of the sale date is 12.4 in default. On default, all right, title, and interest of the 12.5 purchaser or heirs, representatives, or assigns of the purchaser 12.6 in the premises shall terminate without the state doing any act 12.7 or thing. A record of the default must be made in the state 12.8 land records of the commissioner. 12.9 Sec. 16. Minnesota Statutes 2002, section 92.06, 12.10 subdivision 2, is amended to read: 12.11 Subd. 2. [BUILDINGS OR IMPROVEMENTS.] If there are 12.12 buildings or other improvements upon the land, their value must 12.13 beappraiseddetermined separately and included in the purchase 12.14 price. A person must not remove, injure, or destroy a building 12.15 or other improvement until an amount equal to itsappraised12.16 determined value has been paid on the purchase price of the 12.17 premises, in addition to any payment required for timber. 12.18 Violation of this provision is a gross misdemeanor. 12.19 Sec. 17. Minnesota Statutes 2002, section 92.06, 12.20 subdivision 4, is amended to read: 12.21 Subd. 4. [IMPROVEMENTS, WHEN PAYMENT NOT NECESSARY.] (a) 12.22 If a person has made improvements to the land and if: (1) the 12.23 commissioner believes that person settled the land in good faith 12.24 as homestead land under the laws of the United States before it 12.25 was certified to the state, (2) the improvements were lawfully 12.26 made by that person as a lessee of the state, or (3) the 12.27 commissioner determines, based on clear and convincing evidence 12.28 provided by the person, that the improvements were made by the 12.29 person as an inadvertent trespasser, then the value of the 12.30 improvements must be separatelyappraiseddetermined and, if the 12.31 settler, lessee, or inadvertent trespasser purchases the land, 12.32 the settler, lessee, or inadvertent trespasser is not required 12.33 to pay for the improvements. If another person purchases the 12.34 land, that person must pay the owner of the improvements, in 12.35 addition to all other required payments, theappraised12.36 determined amount for the improvements. 13.1 (b) Payment for improvements must be made within 15 days of 13.2 the auction sale, either in cash or upon terms and conditions 13.3 agreeable to the owner of the improvements. If payment for 13.4 improvements is not made in cash, and if there is no agreement 13.5 between the parties within 15 days of the auction sale, the 13.6 commissioner may: 13.7 (1) sell the property to the second highest qualified 13.8 bidder if that bidder submitted to the commissioner's 13.9 representative, at the auction sale, a written request to buy 13.10 the property at a specified price; or 13.11 (2) void the sale and reoffer the property at a subsequent 13.12 sale. 13.13 (c) This subdivision does not apply unless the owner of the 13.14 improvements makes a verified application to the commissioner 13.15 showing entitlement to the improvements before the first state 13.16 public sale at which the land is offered for sale. The 13.17 applicant must appear at the sale and offer to purchase the land 13.18 for at least itsappraiseddetermined value including all timber 13.19 on it, and make the purchase if no higher bid is received. 13.20 Actions or other proceedings involving the land in question 13.21 begun before the sale must have been completed. 13.22 Sec. 18. Minnesota Statutes 2002, section 92.06, 13.23 subdivision 5, is amended to read: 13.24 Subd. 5. [FURTHER SECURITY.] Thedirectorcommissioner may 13.25 require of the purchaser security for the payment of the 13.26 deferred installments. Thedirectorcommissioner may recover 13.27 the money and enforce any security by action brought in the 13.28 director's name. 13.29 Sec. 19. Minnesota Statutes 2002, section 92.08, is 13.30 amended to read: 13.31 92.08 [SURVEYS AND RESURVEYS.] 13.32 (a) The commissioner may have surveys made to determine the 13.33 correct boundaries or description of the land or to dispose of 13.34 it in convenient parcels. When the commissioner determines that 13.35 the interest of the state will be promoted, the commissioner may 13.36 subdivide land controlled by the commissioner into smaller 14.1 parcels or city lots. 14.2 (b) When the commissioner believes that an injustice has 14.3 been done the purchaser because of an incorrect United States 14.4 survey, the commissioner may have a resurvey made by a competent 14.5 surveyor. The surveyor shall prepare a plat showing the correct 14.6 acreage of each subdivision resurveyed and file it with the 14.7 commissioner and with the county recorder of the proper county. 14.8 The commissioner may call in the land certificates affected by 14.9 the resurvey and issue new ones. The certificates must show the 14.10 correct acreage and give full credit for all payments of 14.11 principal and interest made. 14.12 Sec. 20. Minnesota Statutes 2002, section 92.10, 14.13 subdivision 2, is amended to read: 14.14 Subd. 2. [PREPARATION.] The commissioner shall prepare 14.15 suitable maps or plats designating school or other state lands 14.16 owned by the statewhich have been appraised andthat are 14.17 subject to sale. The maps or plats must be printed and 14.18 distributed with other printed matter in sufficient quantities 14.19 to properly advertise the sales provided by this chapter. 14.20 Sec. 21. [92.115] [VALUATION OF STATE LANDS; MINIMUM BID.] 14.21 Subdivision 1. [LAND VALUATION REQUIRED.] Before offering 14.22 any state land for sale under this chapter, the commissioner 14.23 must establish the value of the land. The commissioner shall 14.24 have the land appraised if the estimated market value is in 14.25 excess of $50,000. 14.26 Subd. 2. [MINIMUM BID.] The minimum bid for a parcel of 14.27 land must include the estimated value or appraised value of the 14.28 land and any improvements and, if any of the land is valuable 14.29 for merchantable timber, the value of the merchantable timber. 14.30 The minimum bid may include expenses incurred by the 14.31 commissioner in rendering the property salable, including 14.32 survey, appraisal, legal, advertising, and other expenses. 14.33 Sec. 22. Minnesota Statutes 2002, section 92.12, 14.34 subdivision 1, is amended to read: 14.35 Subdivision 1. [APPRAISERS.] The commissioner may have any 14.36 school trust or other state lands appraised. The appraisals 15.1 must be made by regularly appointed and qualified state 15.2 appraisers.Each appraiser shall take and sign an oath to15.3faithfully and impartially discharge the duties of appraiser as15.4best able and that the appraiser is not interested directly or15.5indirectly in the state lands to be appraised, or the timber or15.6improvements on them or in their purchase. The oath must be15.7attached to the appraisal report.To be qualified, an appraiser 15.8 must hold a state appraiser license issued by the Department of 15.9 Commerce. The appraisal must be in conformity with the Uniform 15.10 Standards of Professional Appraisal Practice of the Appraisal 15.11 Foundation. 15.12 Sec. 23. Minnesota Statutes 2002, section 92.12, 15.13 subdivision 2, is amended to read: 15.14 Subd. 2. [VALUATION AND APPRAISAL.] The appraiser shall 15.15 view and appraise the lands, including the merchantable timber 15.16 and improvements on them, and make a report to the 15.17 commissioner. The valuation of the lands and the merchantable 15.18 timber and improvements on them must each be madeand stated15.19separately in the appraisal. The minimum price established by 15.20 the appraisal is the minimum price for the lands until changed 15.21 by later appraisal.No school or other state lands may be sold15.22until appraised.The price may not be less than $5 an acre.In15.23the appraisal the value of the land before the addition of the15.24value of merchantable timber and improvements must include the15.25value of timber reproduction.15.26 Sec. 24. Minnesota Statutes 2002, section 92.12, 15.27 subdivision 4, is amended to read: 15.28 Subd. 4. [SALES.] The commissioner shall hold frequent 15.29 sales of school trust and other state lands.The time and place15.30of the sales must be publicly posted in the courthouse in the15.31county where the lands are located and in the courthouse in the15.32county where the sale is to take place at least 30 days in15.33advance, in addition to the regular notice of sale provided by15.34law. At this saleThe commissioner shall sell lands the 15.35 commissioner considers best for the public interest. 15.36 Sec. 25. Minnesota Statutes 2002, section 92.12, 16.1 subdivision 5, is amended to read: 16.2 Subd. 5. [SALE OF LAND AND TIMBER.] When the appraisaland16.3 or other reports show that the land is mainly valuable for 16.4 agricultural purposes and contains only small quantities of 16.5 timber, the commissioner may either sell the timber separately 16.6 as provided by law for state timber sales or sell the land as 16.7 agricultural land. If the land is sold as agricultural land the 16.8 purchaser must pay down as first payment an amount equal to the 16.9 value of the timber, in addition to the first payment required 16.10 on the land. If the appraisal and other reports show land 16.11 should be sold for continuous forest production or other 16.12 conservation purpose, the commissioner may require that the full 16.13 appraised value of land and timber must be paid by the purchaser 16.14 at the time of purchase. 16.15 Sec. 26. Minnesota Statutes 2002, section 92.14, 16.16 subdivision 1, is amended to read: 16.17 Subdivision 1. [TIME.] At least 30 days before a sale, the 16.18 commissioner shall givefour weeks'published notice of the sale 16.19at St. Paul,in each county containing land to be sold, and in 16.20 the county where the sale will be held. If there is no 16.21 newspaper published in the county,four weeks'posted notice in 16.22 the county courthouse must be given. The commissioner shall 16.23 also provide electronic notice of sale. On or before the day of 16.24 sale, the commissioner may withdraw any lands. 16.25 Sec. 27. [92.145] [UNSOLD LANDS.] 16.26 Except for school trust lands, parcels remaining unsold 16.27 after the public sale offering may be sold to anyone agreeing to 16.28 pay the minimum bid established for the public sale. The sale 16.29 shall continue until all eligible parcels have been sold or the 16.30 commissioner withdraws the remaining parcels from sale. 16.31 Sec. 28. Minnesota Statutes 2002, section 92.16, is 16.32 amended by adding a subdivision to read: 16.33 Subd. 5. [LANDS SALES AFTER JULY 1, 2004.] Notwithstanding 16.34 subdivisions 1 to 4, no certificate of sale shall be issued for 16.35 land sold on or after July 1, 2004. The terms of payment for 16.36 land sales on or after July 1, 2004, are as provided in section 17.1 92.06, subdivision 1a. 17.2 Sec. 29. Minnesota Statutes 2002, section 92.28, is 17.3 amended to read: 17.4 92.28 [PROCEEDS OF SALES; DISTRIBUTION.] 17.5 (a) A portion of the proceeds from the sale, equal in 17.6 amount to the survey, appraisal, legal, advertising, and other 17.7 expenses incurred by the commissioner in rendering the property 17.8 salable and included in the minimum bid amount, shall be 17.9 remitted to the account from which the expenses were paid and 17.10 are appropriated and immediately available for expenditure in 17.11 the same manner as other money in the account. 17.12 (b) Theprincipal sumsremainder of the proceeds accruing 17.13 from all sales by the commissioner of school, university, 17.14 internal improvement, or other state lands, or of pine timber 17.15 upon state lands must be deposited in the several permanent 17.16 funds to which they, respectively, belong.The sums may not be17.17reduced by any costs or charges of officers, by fees, or any17.18other means.17.19 (c) Money received as interest on the funds, as penalties, 17.20 or as rents of the lands, must be deposited in the current or 17.21 general funds to which they belong. Interest and penalties on 17.22 the internal improvement land fund, and rents of the land, must 17.23 be compounded with the permanent fund. 17.24 Sec. 30. Minnesota Statutes 2002, section 92.29, is 17.25 amended to read: 17.26 92.29 [LAND PATENTS.] 17.27 The commissioner of natural resources shall sign and issue 17.28 in the name of the state and under the seal of the state a 17.29 patent for the land described in any certificate of sale when 17.30 the principal and interest specified in the certificate of sale 17.31 and all delinquent taxes due on the land have been paid. The 17.32 patent shall be issued to the purchaser named in the certificate 17.33 of sale, or the purchaser's successor in interest by execution, 17.34 judicial, mortgage or tax sale, or the assignee, vendee, heir or 17.35 devisee of the purchaser, as shown by a properly certified 17.36 abstract of title or other evidence if the purchaser's successor 18.1 is a person other than the purchaser named in the certificate of 18.2 sale. If the certificate of sale has become lost or destroyed, 18.3 an affidavit stating that fact or a certified copy of the 18.4 certificate must be submitted by the applicant for a 18.5 patent. When total payment is made within 90 days of the sale, 18.6 the commissioner shall sign and issue, in the name of the state 18.7 and under the seal of the state, a patent for the land sold. 18.8 Sec. 31. Minnesota Statutes 2002, section 92.321, 18.9 subdivision 1, is amended to read: 18.10 Subdivision 1. [COMMISSIONER MAY SELL LANDS.] The 18.11 commissioner of natural resources mayappraise andsell any 18.12 unreserved state public land which in the commissioner's opinion 18.13 is suitable for private forest management. 18.14 Sec. 32. Minnesota Statutes 2002, section 94.09, 18.15 subdivision 1, is amended to read: 18.16 Subdivision 1. [APPLICABILITY.]All tracts or lots of real18.17property belonging to the state of Minnesota or that may18.18hereafter accrue to the state, including tracts or lots which18.19have escheated to the state, may be disposed of in accordance18.20with sections 94.09 to 94.16; provided, sections 94.09 to 94.1618.21shall not apply to school or other trust fund lands, belonging18.22to the state, or that may hereafter accrue to the state, under18.23and by virtue of any act of Congress or to any other state-owned18.24lands the sale or disposition of which is otherwise provided for18.25by law.All tracts or lots of real property belonging to the 18.26 state and under the control and supervision of the commissioner 18.27 of natural resources shall be disposed of according to sections 18.28 94.09 to 94.16, unless otherwise provided by law. 18.29 Sec. 33. Minnesota Statutes 2002, section 94.09, 18.30 subdivision 3, is amended to read: 18.31 Subd. 3. [NOTICE TO AGENCIES; DETERMINATION OF SURPLUS.] 18.32On or before October 1 of each year, the commissioner of18.33administration shall review the certifications of heads of each18.34department or agency provided for in this section.The 18.35 commissioner of natural resources shall send written notice to 18.36 all state departments, agencies and the University of Minnesota 19.1 describing any lands or tracts which may be declared surplus. 19.2 If a department or agency or the University of Minnesota desires 19.3 custody of the lands or tracts, it shall submit a written 19.4 request to the commissioner, no later than four calendar weeks 19.5 after mailing of the notice, setting forth in detail its reasons 19.6 for desiring to acquire, and its intended use of, the land or 19.7 tract. The commissionerof administrationshall then determine 19.8 whether any of the lands described in the certifications of the 19.9 heads of the departments or agencies should be declared surplus 19.10 and offered for sale or otherwise disposed of by transferring 19.11 custodial control to other requesting state departments or 19.12 agencies or to the Board of Regents of the University of 19.13 Minnesota for educational purposes, provided however that 19.14 transfer to the Board of Regents shall not be determinative of 19.15 tax exemption or immunity. If the commissioner determines that 19.16 any ofsuchthe lands are no longer needed for state purposes, 19.17 the commissioner shall make findings of fact, describe the 19.18 lands, declaresuchthe lands to be surplus state land, and 19.19 state the reasons for the sale or dispositionthereof, and19.20notify the state Executive Council of such determinationof the 19.21 lands. 19.22 Sec. 34. Minnesota Statutes 2002, section 94.10, is 19.23 amended to read: 19.24 94.10 [SURVEYS, APPRAISALS, AND SALE.] 19.25 Subdivision 1. [APPRAISAL; NOTICE AND OFFER TO PUBLIC 19.26 BODIES.] (a) Before offering any surplus state-owned lands for 19.27 sale, the commissioner ofadministration may survey suchnatural 19.28 resources must establish the value of the lands, and if the19.29value thereof is estimated to be $40,000 or less, may have such19.30lands appraised. The commissioner shall have the lands 19.31 appraised if the estimated value is in excess of 19.32$40,000$50,000.The appraiser shall before entering upon the19.33duties of the office take and subscribe an oath that the19.34appraiser will faithfully and impartially discharge the duties19.35as appraiser according to the best of the appraiser's ability19.36and that the appraiser is not interested directly or indirectly20.1in any of the lands to be appraised or the timber or20.2improvements thereon or in the purchase thereof and has entered20.3into no agreement or combination to purchase the same or any20.4part thereof, which oath shall be attached to the report of such20.5appraisalNo parcel of state-owned land shall be sold for less 20.6 than $1,000. 20.7 (b) The appraisals must be made by regularly appointed and 20.8 qualified state appraisers. To be qualified, an appraiser must 20.9 hold a state appraiser license issued by the Department of 20.10 Commerce. The appraisal must be in conformity with the Uniform 20.11 Standards of Professional Appraisal Practice of the Appraisal 20.12 Foundation. 20.13 (c) Before offeringsuchsurplus state-owned lands for 20.14 public sale,suchthe lands shall first be offered to the city, 20.15 county, town, school district, or other public body corporate or 20.16 politic in which the lands are situated for public purposes 20.17 andtheythe lands may be sold forsuchpublic purposes for not 20.18 less than the appraised valuethereofof the lands. To 20.19 determine whether a public body desires to purchase the surplus 20.20 land, the commissioner ofadministrationnatural resources shall 20.21 give a written notice to the governing body of each political 20.22 subdivision whose jurisdictional boundaries include or are 20.23 adjacent to the surplus land. If a public body desires to 20.24 purchase the surplus land, it shall submit a written offer to 20.25 the commissionernotno later than two weeks after receipt of 20.26 notice setting forth in detail its reasons for desiring to 20.27 acquire and its intended use of the land. In the event that 20.28 more than one public body tenders an offer, the commissioner 20.29 shall determine which party shall receive the property,and 20.30 shall submit written findings regarding the decision. If lands 20.31 are offered for sale forsuchpublic purposes,and if a public 20.32 body notifies the commissionerof administrationof its desire 20.33 to acquiresuchthe lands, the public body may havenot to20.34exceedup to two years from the date of the accepted offer to 20.35 commence payment for the lands in the manner provided by law. 20.36 Subd. 2. [PUBLIC SALE REQUIREMENTS.] (a)Lands certified21.1as surplus by the head of a department or agency other than the21.2Department of Natural Resources shall be offered for public sale21.3by the commissioner of administration as provided in this21.4paragraph.After complying with subdivision 1 and before any 21.5 public sale of surplus state-owned land is made and at least 30 21.6 days before the sale, the commissioner ofadministrationnatural 21.7 resources shall publish a noticethereof at least once in each21.8week for four successive weeks in a legal newspaper and alsoof 21.9 the sale in a newspaper of general distribution in thecity or21.10 county in which the real property to be sold is situated,21.11which. The notice shall specify the time and place at which the 21.12 sale will commence, a general description of the lots or tracts 21.13 to be offered, and a general statement of the terms of 21.14 sale.Each tract or lot shall be sold separately and shall be21.15sold for not less than the appraised value thereof.The 21.16 commissioner shall also provide electronic notice of sale. 21.17 (b) The minimum bid for a parcel of land must include the 21.18 estimated value or appraised value of the land and any 21.19 improvements and, if any of the land is valuable for 21.20 merchantable timber, the value of the merchantable timber. The 21.21 minimum bid may include expenses incurred by the commissioner in 21.22 rendering the property salable, including survey, appraisal, 21.23 legal, advertising, and other expenses. 21.24 (c) Parcels remaining unsold after the offering may be sold 21.25 to anyone agreeing to pay the appraised valuethereof. The sale 21.26 shall continue until all parcels are sold or until the 21.27 commissioner orders a reappraisal or withdraws the remaining 21.28 parcels from sale. 21.29(b) Lands certified as surplus by the commissioner of21.30natural resources shall be offered for public sale by the21.31commissioner of natural resources in the manner provided in21.32paragraph (a) for sales by the commissioner of administration.21.33(c) Except as provided in section 94.11, the cost of any21.34survey or appraisal as provided in subdivision 1 shall be added21.35to and made a part of the appraised value of the lands to be21.36sold, whether to any political subdivision of the state or to a22.1private purchaser as provided in this subdivision.22.2 Sec. 35. Minnesota Statutes 2002, section 94.11, is 22.3 amended to read: 22.4 94.11 [TERMS OF PAYMENT.] 22.5Not less than ten percent of the purchase price shall be22.6paid at the time of sale with the balance payable as follows:22.7If the purchase price of any lot or parcel is $5,000 or less,22.8the balance shall be paid within 90 days of the date of sale.22.9If the purchase price of any lot or parcel is in excess of22.10$5,000, the balance shall be paid in equal annual installments22.11for not more than five years, at the option of the purchaser,22.12with principal and interest payable annually in advance at a22.13rate equal to the rate in effect at the time under section22.14549.09 on the unpaid balance, payable to the state treasury on22.15or before June 1 each year. Any installment of principal or22.16interest may be prepaid.Terms of payment for lands sold by the 22.17 commissioner of natural resources before July 1, 2004, are the 22.18 same as those provided for state public lands by section 92.06, 22.19 subdivision 1. For lands sold by the commissioner of natural 22.20 resources on or after July 1, 2004, the terms of payment are the 22.21 same as those provided for state public lands by section 92.06, 22.22 subdivision 1a. 22.23 Sec. 36. Minnesota Statutes 2002, section 94.12, is 22.24 amended to read: 22.25 94.12 [CONTRACT FOR DEED AND QUITCLAIM DEED.] 22.26 Subdivision 1. [LANDS SOLD BEFORE JULY 1, 2004.]In the22.27event a purchaser elects to purchase surplus real property on an22.28installment basis, the commissioner of administration shall22.29enter into a contract for deed with the purchaser thereof in22.30which shall be set forth the description of the real property22.31sold and the price thereof, the consideration paid and to be22.32paid therefor, the rate of interest, and time and terms of22.33payment. This contract for deed shall be made assignable and22.34shall further set forth that in case of the nonpayment of the22.35annual principal or interest payment due by the purchaser, or22.36any person claiming under the purchaser, then the contract for23.1deed, from the time of such failure, will be entirely void and23.2of no effect and the state may be repossessed of the lot or23.3tract and may resell the same as provided in sections 94.09 to23.494.16.In the event the terms and conditions of a contract for 23.5 deed for lands sold before July 1, 2004, are completely 23.6 fulfilled or if a purchaser makes a lump sum payment for the 23.7 subject property in lieu of entering into a contract for deed, 23.8 the commissionerof administration,shall sign and cause to be 23.9 issued a quitclaim deed on behalf of the state. Said quitclaim 23.10 deed shall be in a form prescribed by the attorney general and 23.11 shall vest in purchaser all of the state's interest in the 23.12 subject property except as provided in section 94.14. 23.13 Subd. 2. [LANDS SOLD AFTER JULY 1, 2004.] On or after July 23.14 1, 2004, when total payment is made within 90 days of the sale, 23.15 the commissioner of natural resources shall sign and cause to be 23.16 issued a quitclaim deed on behalf of the state. The quitclaim 23.17 deed shall be in a form prescribed by the attorney general and 23.18 shall vest in the purchaser all of the state's interest in the 23.19 subject property, except as provided in section 94.14. 23.20 Sec. 37. Minnesota Statutes 2002, section 94.13, is 23.21 amended to read: 23.22 94.13 [RECORD OF CONTRACTS FOR DEED AND ASSIGNMENTS; 23.23 EFFECT.] 23.24 (a) A contract for deed issued before July 1, 2004, 23.25 pursuant to sections 94.09 to 94.16, or any assignment thereof, 23.26 executed and acknowledged as provided by law for the execution 23.27 and acknowledgment of deeds may be recorded in the office of the 23.28 county recorder of any county in the state in the same manner 23.29 and with like effect as deeds are therein recorded. This 23.30 contract for deed shall entitle the purchaser thereof, or the 23.31 heirs and assigns of the purchaser, to the exclusive possession 23.32 of the land therein described, provided its terms have been in 23.33 all respects complied with, and the contract for deed and the 23.34 record thereof shall be conclusive evidence of title in the 23.35 purchaser, or the heirs and assigns of the purchaser, for all 23.36 purposes and against all persons, except the state of Minnesota 24.1 in case of forfeiture. 24.2 (b) When a contract for deed or partial interest in a 24.3 contract for deed is assigned, the assignment must be made on a 24.4 form provided by the commissioner, executed by the assignor and 24.5 assignee, and consented to by the commissioner. An assignment 24.6 of a partial interest must state that payment to date has been 24.7 made to the commissioner. 24.8 (c) When the assignee satisfies the terms of the assignment 24.9 and corresponding terms of the contract for deed, the 24.10 commissioner shall issue a deed to the assignee. 24.11 Sec. 38. Minnesota Statutes 2002, section 94.16, 24.12 subdivision 2, is amended to read: 24.13 Subd. 2. [PAYMENT OF EXPENSES.] A portion of the proceeds 24.14 from the sale equal in amount to the survey, appraisal, legal, 24.15 advertising, and other expenses incurred by the commissioner of 24.16administration or other state officialnatural resources in 24.17 rendering the property salable shall be remitted to the account 24.18 from which the expenses were paid, and are appropriated and 24.19 immediately available for expenditure in the same manner as 24.20 other money in the account. 24.21 Sec. 39. Minnesota Statutes 2002, section 164.08, 24.22 subdivision 2, is amended to read: 24.23 Subd. 2. [MANDATORY ESTABLISHMENT; CONDITIONS.] (a) Upon 24.24 petition presented to the town board by the owner of a tract of 24.25 land containing at least five acres, who has no access thereto 24.26 except over a navigable waterway or over the lands of others, or 24.27 whose access thereto is less than two rods in width, the town 24.28 board by resolution shall establish a cartway at least two rods 24.29 wide connecting the petitioner's land with a public road. A 24.30 town board shall establish a cartway upon a petition of an owner 24.31 of a tract of land that, as of January 1, 1998, was on record as 24.32 a separate parcel, contained at least two but less than five 24.33 acres, and has no access thereto except over a navigable 24.34 waterway or over the lands of others. The town board may select 24.35 an alternative route other than that petitioned for if the 24.36 alternative is deemed by the town board to be less disruptive 25.1 and damaging to the affected landowners and in the public's best 25.2 interest. 25.3 (b) In an unorganized territory, the board of county 25.4 commissioners of the county in which the tract is located shall 25.5 act as the town board. The proceedings of the town board shall 25.6 be in accordance with section 164.07. 25.7 (c) The amount of damages shall be paid by the petitioner 25.8 to the town before such cartway is opened. For the purposes of 25.9 this subdivision damages shall mean the compensation, if any, 25.10 awarded to the owner of the land upon which the cartway is 25.11 established together with the cost of professional and other 25.12 services, hearing costs, administrative costs, recording costs, 25.13 and other costs and expenses which the town may incur in 25.14 connection with the proceedings for the establishment of the 25.15 cartway. The town board may by resolution require the 25.16 petitioner to post a bond or other security acceptable to the 25.17 board for the total estimated damages before the board takes 25.18 action on the petition. 25.19 (d) Town road and bridge funds shall not be expended on the 25.20 cartway unless the town board, or the county board acting as the 25.21 town board in the case of a cartway established in an 25.22 unorganized territory, by resolution determines that an 25.23 expenditure is in the public interest. If no resolution is 25.24 adopted to that effect, the grading or other construction work 25.25 and the maintenance of the cartway is the responsibility of the 25.26 petitioner, subject to the provisions of section 164.10. 25.27 (e) After the cartway has been constructed the town board, 25.28 or the county board in the case of unorganized territory, may by 25.29 resolution designate the cartway as a private driveway with the 25.30 written consent of the affected landowner in which case from the 25.31 effective date of the resolution no town road and bridge funds 25.32 shall be expended for maintenance of the driveway; provided that 25.33 the cartway shall not be vacated without following the vacation 25.34 proceedings established under section 164.07. 25.35 Sec. 40. Minnesota Statutes 2003 Supplement, section 25.36 525.161, is amended to read: 26.1 525.161 [NO SURVIVING SPOUSE OR KINDRED, NOTICES TO 26.2 ATTORNEY GENERAL.] 26.3 When it appears from the petition or application for 26.4 administration of the estate, or otherwise, in a proceeding in 26.5 the court that the intestate left surviving no spouse or 26.6 kindred, the court shall give notice of such fact and notice of 26.7 all subsequent proceedings in such estate to the attorney 26.8 general forthwith; and the attorney general shall protect the 26.9 interests of the state during the course of administration. The 26.10 residue which escheats to the state shall be transmitted to the 26.11 attorney general. All moneys, stocks, bonds, notes, mortgages 26.12 and other securities, and all other personal property so 26.13 escheated shall then be given into the custody of the 26.14 commissioner of finance who shall immediately credit the moneys 26.15 received to the general fund. The commissioner of finance shall 26.16 hold such stocks, bonds, notes, mortgages and other securities, 26.17 and all other personal property, subject to such investment, 26.18 sale or other disposition as the State Board of Investment may 26.19 direct pursuant to section 11A.04, clause (9). The attorney 26.20 general shall immediately report to the State Executive Council 26.21 all real property received in the individual escheat, and any 26.22 sale or disposition of such real estate shall be made in 26.23 accordance with sections94.09 to 94.1616B.281 to 16B.287. 26.24 Sec. 41. Minnesota Statutes 2003 Supplement, section 26.25 525.841, is amended to read: 26.26 525.841 [ESCHEAT RETURNED.] 26.27 In all such cases the commissioner of finance shall be 26.28 furnished with a certified copy of the court's order assigning 26.29 the escheated property to the persons entitled thereto, and upon 26.30 notification of payment of the estate tax, the commissioner of 26.31 finance shall draw a warrant or execute a proper conveyance to 26.32 the persons designated in such order. In the event any 26.33 escheated property has been sold pursuant to sections 11A.04, 26.34 clause (9), and 11A.10, subdivision 2, or94.09 to 94.1616B.281 26.35 to 16B.287, then the warrant shall be for the appraised value as 26.36 established during the administration of the decedent's estate. 27.1 There is hereby annually appropriated from any moneys in the 27.2 state treasury not otherwise appropriated an amount sufficient 27.3 to make payment to all such designated persons. No interest 27.4 shall be allowed on any amount paid to such persons. 27.5 Sec. 42. [REPEALER.] 27.6 Minnesota Statutes 2002, sections 92.09; 92.11; and 94.09, 27.7 subdivisions 2, 4, 5, and 6, are repealed. 27.8 Sec. 43. [EFFECTIVE DATE.] 27.9 Sections 1 to 42 are effective August 1, 2004. 27.10 ARTICLE 2 27.11 STATE LAND MANAGEMENT 27.12 Section 1. Minnesota Statutes 2002, section 84.0272, is 27.13 amended by adding a subdivision to read: 27.14 Subd. 3. [MINIMAL VALUE ACQUISITION.] (a) Notwithstanding 27.15 subdivision 1, if the commissioner determines that lands or 27.16 interests in land have a value less than $5,000, the 27.17 commissioner may acquire the lands for the value determined by 27.18 the commissioner without an appraisal. The commissioner shall 27.19 make the determination based upon available information 27.20 including, but not limited to: 27.21 (1) the most recent assessed market value of the land or 27.22 interests in land as determined by the county assessor of the 27.23 county in which the land or interests in land is located; 27.24 (2) a sale price of the land or interests in land, provided 27.25 the sale occurred within the past year; 27.26 (3) the sale prices of comparable land or interests in land 27.27 located in the vicinity and sold within the past year; or 27.28 (4) an appraisal of the land or interests in land conducted 27.29 within the past year. 27.30 (b) In the event the value is minimal, the commissioner may 27.31 add a transaction incentive, provided that the sum of the 27.32 incentive plus the value of the land does not exceed $1,000. 27.33 Sec. 2. Minnesota Statutes 2002, section 84.0272, is 27.34 amended by adding a subdivision to read: 27.35 Subd. 4. [AGREEMENT BY LANDOWNER.] The commissioner shall 27.36 utilize the valuation methods prescribed in subdivisions 2 and 3 28.1 only with prior consent of the landowner from whom the state 28.2 proposes to purchase land or interests in land. 28.3 Sec. 3. Minnesota Statutes 2002, section 84.033, is 28.4 amended to read: 28.5 84.033 [SCIENTIFIC AND NATURAL AREAS.] 28.6 Subdivision 1. [ACQUISITION; DESIGNATION.] The 28.7 commissioner of natural resources may acquire by gift, lease, 28.8 easement, or purchase, in the manner prescribed under chapter 28.9 117, in the name of the state, lands or any interest in lands 28.10 suitable and desirable for establishing and maintaining 28.11 scientific and natural areas. The commissioner shall designate 28.12 any land so acquired as a scientific and natural area and shall 28.13 administer any land so acquired and designated as provided by 28.14 section 86A.05. 28.15 Subd. 2. [DESIGNATION APPROVAL.] No scientific and natural 28.16 area may be designated unless the designation is approved by 28.17 resolution of the board of the county in which the land is 28.18 located. 28.19 [EFFECTIVE DATE.] This section is effective for 28.20 designations after the date of enactment. 28.21 Sec. 4. Minnesota Statutes 2002, section 86A.05, 28.22 subdivision 14, is amended to read: 28.23 Subd. 14. [AQUATIC MANAGEMENT AREAS.] (a) Aquatic 28.24 management areas may be established to protect, develop, and 28.25 manage lakes, rivers, streams, and adjacent wetlands and lands 28.26 that are critical for fish and other aquatic life, for water 28.27 quality, and for their intrinsic biological value, public 28.28 fishing, or other compatible outdoor recreational uses. 28.29 (b) Aquatic management areas may be established to protect 28.30 wetland areas under ten acres that are donated to the Department 28.31 of Natural Resources. 28.32 (c) No unit may be authorized unless it meets one or more 28.33 of the following criteria: 28.34 (1) provides angler or management access; 28.35 (2) protects fish spawning, rearing, or other unique 28.36 habitat; 29.1 (3) protects aquatic wildlife feeding and nesting areas; 29.2 (4) protects critical shoreline habitat; or 29.3 (5) provides a site for research on natural history. 29.4 (d) Aquatic management areas must be administered by the 29.5 commissioner of natural resources in a manner consistent with 29.6 the purposes of this subdivision to perpetuate and, if 29.7 necessary, reestablish high quality aquatic habitat for 29.8 production of fish, wildlife, and other aquatic species. Public 29.9 fishing and other uses shall be consistent with the limitations 29.10 of the resource, including the need to preserve adequate 29.11 populations and prevent long-term habitat injury or excessive 29.12 fish population reduction or increase. Public access to aquatic 29.13 management areas may be closed during certain time periods. 29.14 (e) State-owned lands or waters, or any state-owned 29.15 interests in lands or waters, acquired before August 1, 2000, 29.16 that meet the criteria of this subdivision and that have been 29.17 administered by the commissioner of natural resources as fish 29.18 management areas or other areas of fishery interest are 29.19 authorized as units of the outdoor recreation system upon 29.20 designation by the commissioner of natural resources as aquatic 29.21 management areas. 29.22 Sec. 5. Minnesota Statutes 2002, section 92.121, is 29.23 amended to read: 29.24 92.121 [PERMANENT SCHOOL FUND LANDS.] 29.25 The commissioner of natural resources shall exchange 29.26 permanent school fund land as defined in the Minnesota 29.27 Constitution, article XI, section 8, located in state parks, 29.28 state recreation areas, wildlife management areas, scientific 29.29 and natural areas, or state waysides or on lands managed by the 29.30 commissioner as old growth stands, for other lands as allowed by 29.31 the Minnesota Constitution, article XI, section 10, and section 29.32 94.343, subdivision 1, that are compatible with the goal of the 29.33 permanent school fund lands in section 127A.31 when, as a result 29.34 of management practices applied to the permanent school fund 29.35 lands and associated resources, revenue generation has been 29.36 diminished or is prohibited and no alternative has been put into 29.37 effect to compensate the permanent school fund for the income 30.1 losses. 30.2 Sec. 6. Minnesota Statutes 2002, section 282.01, 30.3 subdivision 3, is amended to read: 30.4 Subd. 3. [NONCONSERVATION LANDS; APPRAISAL AND SALE.] All 30.5 parcels of land classified as nonconservation, except those 30.6 which may be reserved, shall be sold as provided, if it is 30.7 determined, by the county board of the county in which the 30.8 parcels lie, that it is advisable to do so, having in mind their 30.9 accessibility, their proximity to existing public improvements, 30.10 and the effect of their sale and occupancy on the public 30.11 burdens. Any parcels of land proposed to be sold shall be first 30.12 appraised by the county board of the county in which the parcels 30.13 lie. The parcels may be reappraised whenever the county board 30.14 deems it necessary to carry out the intent of sections 282.01 to 30.15 282.13. In an appraisal the value of the land and any standing 30.16 timber on it shall be separately determined. No parcel of land 30.17 containing any standing timber may be sold until the appraised 30.18 value of the timber on it and the sale of the land have been 30.19 approved by the commissioner of natural resources. The 30.20 commissioner shall base review of a proposed sale on the policy 30.21 and considerations specified in subdivision 1. The decision of 30.22 the commissioner shall be in writing and shall state the reasons 30.23 for it. The county may appeal the decision of the commissioner 30.24 in accordance with chapter 14. 30.25 In any county in which a state forest or any part of it is 30.26 located, the county auditor shall submit to the commissioner at 30.27 least3060 days before the first publication of the list of 30.28 lands to be offered for sale a list of all lands included on the 30.29 list which are situated outside of any incorporated municipality. 30.30 If, at any time before the opening of the sale, the commissioner 30.31 notifies the county auditor in writing that there is standing 30.32 timber on any parcel of such land, the parcel shall not be sold 30.33 unless the requirements of this section respecting the separate 30.34 appraisal of the timber and the approval of the appraisal by the 30.35 commissioner have been complied with. The commissioner may 30.36 waive the requirement of the30-day60-day notice as to any 31.1 parcel of land which has been examined and the timber value 31.2 approved as required by this section. 31.3 If any public improvement is made by a municipality after 31.4 any parcel of land has been forfeited to the state for the 31.5 nonpayment of taxes, and the improvement is assessed in whole or 31.6 in part against the property benefited by it, the clerk of the 31.7 municipality shall certify to the county auditor, immediately 31.8 upon the determination of the assessments for the improvement, 31.9 the total amount that would have been assessed against the 31.10 parcel of land if it had been subject to assessment; or if the 31.11 public improvement is made, petitioned for, ordered in or 31.12 assessed, whether the improvement is completed in whole or in 31.13 part, at any time between the appraisal and the sale of the 31.14 parcel of land, the cost of the improvement shall be included as 31.15 a separate item and added to the appraised value of the parcel 31.16 of land at the time it is sold. No sale of a parcel of land 31.17 shall discharge or free the parcel of land from lien for the 31.18 special benefit conferred upon it by reason of the public 31.19 improvement until the cost of it, including penalties, if any, 31.20 is paid. The county board shall determine the amount, if any, 31.21 by which the value of the parcel was enhanced by the improvement 31.22 and include the amount as a separate item in fixing the 31.23 appraised value for the purpose of sale. In classifying, 31.24 appraising, and selling the lands, the county board may 31.25 designate the tracts as assessed and acquired, or may by 31.26 resolution provide for the subdivision of the tracts into 31.27 smaller units or for the grouping of several tracts into one 31.28 tract when the subdivision or grouping is deemed advantageous 31.29 for the purpose of sale. Each such smaller tract or larger 31.30 tract must be classified and appraised as such before being 31.31 offered for sale. If any such lands have once been classified, 31.32 the board of county commissioners, in its discretion, may, by 31.33 resolution, authorize the sale of the smaller tract or larger 31.34 tract without reclassification. 31.35 Sec. 7. [ADDITIONS TO BELTRAMI ISLAND STATE FOREST.] 31.36 [89.021] [Subd. 5.] [BELTRAMI ISLAND STATE FOREST.] The 32.1 following areas are added to Beltrami Island State Forest: 32.2 (1) the Southwest Quarter of the Southeast Quarter of 32.3 Section 29, Township 156 North, Range 37 West, Beltrami County; 32.4 and 32.5 (2) the North Half of the Northeast Quarter; the Southwest 32.6 Quarter of the Northeast Quarter; and the North Half of the 32.7 Northwest Quarter, all in Section 17, Township 156 North, Range 32.8 37 West, Beltrami County. 32.9 Sec. 8. [ADDITIONS TO STATE WILDLIFE MANAGEMENT AREAS.] 32.10 Subdivision 1. [97A.133] [Subd. 34.] [LEE WILDLIFE 32.11 MANAGEMENT AREA, BELTRAMI COUNTY.] The following area is added 32.12 to Lee Wildlife Management Area: the Southwest Quarter of the 32.13 Northwest Quarter of Section 35, Township 155 North, Range 38 32.14 West, Beltrami County. 32.15 Subd. 2. [97A.133] [Subd. 44.] [RED LAKE WILDLIFE 32.16 MANAGEMENT AREA, BELTRAMI COUNTY.] The following area is added 32.17 to Red Lake Wildlife Management Area: the Northeast Quarter of 32.18 Section 28, Township 155 North, Range 32 West, Beltrami County. 32.19 Subd. 3. [97A.133] [Subd. 50.] [SAW-WHET WILDLIFE 32.20 MANAGEMENT AREA, BELTRAMI COUNTY.] The following area is added 32.21 to Saw-Whet Wildlife Management Area: the Southwest Quarter of 32.22 the Southwest Quarter; and the Southwest Quarter of the 32.23 Southeast Quarter, all in Section 8, Township 155 North, Range 32.24 37 West, Beltrami County. 32.25 Sec. 9. [EFFECTIVE DATE.] 32.26 Sections 1 to 8 are effective July 1, 2004. 32.27 ARTICLE 3 32.28 LAND SALES 32.29 Section 1. Laws 1999, chapter 161, section 31, subdivision 32.30 3, is amended to read: 32.31 Subd. 3. [APPRAISAL.] (a) An appraisal shall be made in 32.32 accordance with Minnesota Statutes, section 282.01, subdivision 32.33 3, except as modified by this subdivision. Improvements that 32.34 are owned by the lessee shall be appraised separately. 32.35 (b) An appraiser shall be selected by the county. The 32.36 appraiser selected shall meet the minimal appraisal standards 33.1 established by the federal Farmers Home Administration or the 33.2 federal Veterans Administration, and be licensed under Minnesota 33.3 Statutes, section 82B.03,and be approved by the department of33.4natural resourcesto appraise the property to be sold. 33.5 (c) The costs of appraisal shall be allocated by the county 33.6 to the lots offered for sale and the successful purchaser on 33.7 each lot shall reimburse the county for the appraisal costs 33.8 allocated to the lot purchased. If no one purchases a lot, the 33.9 county is responsible for the appraisal cost. 33.10 (d) If a leaseholder disagrees with the appraised value of 33.11 theland orleasehold improvements, the leaseholder may select 33.12 an appraiser that meets the qualifications set forth herein to 33.13 reappraise theland andimprovements. The leaseholder must give 33.14 notice of its intent to object to the appraised value of the 33.15land andbuildings within ten days of the date of the mailing or 33.16 service of notice under subdivision 2, paragraph (a). The 33.17 reappraisal must be delivered by the leaseholder to the county 33.18 auditor within 60 days of the date of mailing or service of 33.19 notice of appraised value under subdivision 2, paragraph (a), or 33.20 the initial appraisal shall be conclusive. The leaseholder is 33.21 responsible for the costs of this reappraisal. If the parcel is 33.22 reappraised within the time set forth herein and the county and 33.23 the leaseholder fail to agree on the value of theland and33.24 improvementswithin 30 days of the date of delivery of the33.25reappraisalby a date set by the county, each of the appraisers 33.26 shall agree upon the selection of a third appraiser to conduct a 33.27 third appraisal that shall be conclusive as to the value of 33.28 theland andimprovements. The cost of this appraisal shall be 33.29 paid equally by the county and the leaseholder. 33.30 Sec. 2. Laws 1999, chapter 161, section 31, subdivision 5, 33.31 is amended to read: 33.32 Subd. 5. [SURVEY.] (a) Itasca county shall cause each lot 33.33 to be surveyedaccording to Minnesota Statutes, chapter 505, and33.34the Itasca county platting and subdivision ordinance, each lot33.35prior to offering it for saleby a licensed surveyor. 33.36 (b) The costs of survey shall be allocated by the county to 34.1 the lots offered for sale and the successful purchaser on each 34.2 lot shall reimburse the county for the survey costs allocated to 34.3 the lot purchased. If no one purchases the lot, the county is 34.4 responsible for the survey costs. All surveying must be 34.5 conducted by a licensed surveyor. 34.6 Sec. 3. Laws 1999, chapter 161, section 31, subdivision 8, 34.7 is amended to read: 34.8 Subd. 8. [SUNSET.] This section expiresfive years after34.9the day of final enactmenton June 1, 2007. 34.10 Sec. 4. Laws 2003, First Special Session chapter 13, 34.11 section 16, is amended to read: 34.12 Sec. 16. [PRIVATE SALE OF CONSOLIDATED CONSERVATION LAND; 34.13 BELTRAMI COUNTY.] 34.14 (a) Notwithstanding the classification and public sale 34.15 provisions of Minnesota Statutes, chapters 84A and 282, the 34.16 commissioner of natural resources may sell to Waskish township 34.17 theconsolidated conservationstate's interest in land that is 34.18 described in paragraph (c) under the remaining provisions of 34.19 Minnesota Statutes, chapters 84A and 282. 34.20 (b) The conveyance must be in a form approved by the 34.21 attorney generaland must provide that the land reverts to the34.22state if it is not used for public airport purposes. The 34.23 conveyance must reserve an easement to ensure public access and 34.24 state management access to the public and private lands to the 34.25 west and south. The attorney general may make necessary changes 34.26 in the legal description to correct errors and ensure accuracy. 34.27 The consideration for the conveyance must not be less than the 34.28 appraised value of the land and timber and any survey costs. 34.29 Proceeds shall be disposed of according to Minnesota Statutes, 34.30 chapter 84A. No payments made under State Lease Numbered 34.31 144-015-0558 will be refunded, but payments made may be credited 34.32 against the payments due. 34.33 (c) The land and interests in land that may be conveyed is 34.34 located in Beltrami county and is described as: the Southwest 34.35 Quarter of the Northeast Quarter; the Northeast Quarter of the 34.36 Southwest Quarter; the North 10 acres of the Southeast Quarter 35.1 of the Southwest Quarter; and the West 10 acres of the Northwest 35.2 Quarter of the Southeast Quarter, all in Section 20, Township 35.3 154 North, Range 30 West. 35.4 Sec. 5. [DELETIONS FROM STATE FORESTS.] 35.5 Subdivision 1. [89.021] [Subd. 19.] [FOOT HILLS STATE 35.6 FOREST.] The following area is deleted from Foot Hills State 35.7 Forest, Cass County: Lot 4, Section 8, Township 140 North, 35.8 Range 31 West, except that part of the East 300 feet thereof 35.9 lying north of the centerline of the Hiram Township road known 35.10 as Mountain Maple Lane. A more exact legal description will not 35.11 be known until a survey is completed to delineate the sale 35.12 parcel from the water access site to be retained. The portion 35.13 of the lot to be sold at public sale does not contain 35.14 lakeshore. The lakeshore will be retained as part of the water 35.15 access site. 35.16 Subd. 2. [89.021] [Subd. 21.] [GEORGE WASHINGTON STATE 35.17 FOREST.] The following area is deleted from George Washington 35.18 State Forest, Itasca County: that part of the Northeast Quarter 35.19 of the Southeast Quarter of Section 1, Township 59 North, Range 35.20 25 West, lying northeasterly of County State-Aid Highway 7, 35.21 containing 1.20 acres more or less. 35.22 Subd. 3. [89.021] [Subd. 38.] [PAUL BUNYAN STATE 35.23 FOREST.] The following area is deleted from Paul Bunyan State 35.24 Forest, Hubbard County: that part of the Southwest Quarter of 35.25 the Northwest Quarter, Section 36, Township 142 North, Range 34 35.26 West, described as follows: Beginning at the west quarter 35.27 corner of Section 36, Township 142, Range 34, proceed North on 35.28 the section line 824.25 feet; thence South 89 degrees 56 minutes 35.29 44 seconds East 100 feet; thence South parallel to the section 35.30 line 824.25 feet; thence North 89 degrees 56 minutes 44 seconds 35.31 West 100 feet to the point of beginning, comprising 1.89 acres. 35.32 Sec. 6. [DELETION FROM MISSISSIPPI RECREATIONAL RIVER LAND 35.33 USE DISTRICT IN WRIGHT COUNTY.] 35.34 The following area is deleted from the Mississippi 35.35 Recreational River Land Use District in Wright County: that 35.36 part of Government Lots 1 and 2 of Section 14, Government Lot 1 36.1 of Section 23, and the Southeast Quarter of Section 15, Township 36.2 121 North, Range 23 West, lying beyond 300 feet of the ordinary 36.3 high water level of the Mississippi River. 36.4 Sec. 7. [PRIVATE SALE OF TAX-FORFEITED LAND; AITKIN 36.5 COUNTY.] 36.6 (a) Notwithstanding the public sale provisions of Minnesota 36.7 Statutes, chapter 282, or other law to the contrary, Aitkin 36.8 County may sell by private sale the tax-forfeited land described 36.9 in paragraph (c). 36.10 (b) The conveyance must be in a form approved by the 36.11 attorney general for no less than the appraised value of the 36.12 land. 36.13 (c) The land to be sold is located in Aitkin County and is 36.14 described as: 208 feet by 208 feet in Government Lot 3, as in 36.15 Document #176347, Section 33, Township 45 North, Range 27 West 36.16 (PIN 11-0-074000). 36.17 (d) The sale corrects an inadvertent trespass and the 36.18 county has determined that the county's land management 36.19 interests would best be served if the lands were returned to 36.20 private ownership. 36.21 Sec. 8. [PRIVATE SALE OF CONSOLIDATED CONSERVATION LAND; 36.22 AITKIN COUNTY.] 36.23 (a) Notwithstanding the classification and public sale 36.24 provisions of Minnesota Statutes, chapters 84A and 282, the 36.25 commissioner of natural resources may sell to Shamrock Township 36.26 the consolidated conservation land described in paragraph (c) 36.27 under the remaining provisions of chapters 84A and 282. 36.28 (b) The conveyance must be in a form approved by the 36.29 attorney general. The consideration for the conveyance must be 36.30 for no less than the appraised value of the land and timber and 36.31 any survey costs. Proceeds shall be disposed of according to 36.32 Minnesota Statutes, chapter 84A. 36.33 (c) The land to be sold is located in Aitkin County and is 36.34 described as: that part of the Southeast Quarter of the 36.35 Southeast Quarter lying north of the township road in Section 9, 36.36 Township 49 North, Range 23 West. 37.1 Sec. 9. [PUBLIC SALE OF TAX-FORFEITED LAND BORDERING 37.2 PUBLIC WATER; AITKIN COUNTY.] 37.3 (a) Notwithstanding Minnesota Statutes, sections 92.45 and 37.4 282.018, subdivision 1, Aitkin County may sell the tax-forfeited 37.5 land bordering public water that is described in paragraph (c), 37.6 under the remaining provisions of Minnesota Statutes, chapter 37.7 282. 37.8 (b) The conveyance must be in a form approved by the 37.9 attorney general. 37.10 (c) The land to be sold is located in Aitkin County and is 37.11 described as: the East 400 feet of the West 1,150 feet of 37.12 Government Lot 7, Section 3, Township 51 North, Range 23 West 37.13 (PIN 06-0-005200). 37.14 (d) The county has determined that the county's land 37.15 management interests would best be served if the lands were 37.16 returned to private ownership. 37.17 Sec. 10. [PUBLIC SALE OF SURPLUS STATE LAND; BELTRAMI 37.18 COUNTY.] 37.19 (a) Notwithstanding Minnesota Statutes, section 94.10, the 37.20 commissioner of natural resources may sell by public sale, for 37.21 less than the appraised value, the surplus land that is 37.22 described in paragraph (c). 37.23 (b) The conveyance must be in a form approved by the 37.24 attorney general. The attorney general may make necessary 37.25 changes in the legal description to correct errors and ensure 37.26 accuracy. 37.27 (c) The land to be sold is located in Beltrami County and 37.28 is described as: the Southeast Quarter of the Northeast Quarter 37.29 of Section 32 and the Southwest Quarter of the Northwest Quarter 37.30 of Section 33, all in Township 147 North, Range 34 West. 37.31 (d) The land described in paragraph (c) is a former gravel 37.32 pit and the commissioner of natural resources has determined 37.33 that the land is no longer necessary for natural resource 37.34 purposes. The land has been offered at public auction and 37.35 received no bids. 37.36 Sec. 11. [PUBLIC SALE OF TAX-FORFEITED LAND BORDERING 38.1 PUBLIC WATER; CHISAGO COUNTY.] 38.2 (a) Notwithstanding Minnesota Statutes, sections 92.45 and 38.3 282.018, subdivision 1, Chisago County may sell the 38.4 tax-forfeited land bordering public water that is described in 38.5 paragraph (c), under the remaining provisions of Minnesota 38.6 Statutes, chapter 282. 38.7 (b) The conveyance must be in a form approved by the 38.8 attorney general. 38.9 (c) The land to be sold is located in Chisago County and is 38.10 described as: 38.11 (1) an undivided 4/7th interest in and to that part of 38.12 Government Lot 3 described as follows: Beginning at the 38.13 southwest corner of the recorded plat of Bergquist's Beach; 38.14 thence South 64 degrees 16 minutes East, along the southerly 38.15 line of Bergquist's Beach, a distance of 216 feet more or less 38.16 to the high water line of North Center Lake; thence southerly 38.17 along the high water line of the bay to North Center Lake, a 38.18 distance of 300 feet more or less, to the point of intersection 38.19 with the southerly projection of the westerly line of 38.20 Bergquist's Beach; thence North 16 degrees 18 minutes East along 38.21 said southerly projection of the westerly line of Bergquist's 38.22 Beach a distance of 50 feet more or less to the point of 38.23 beginning, Section 21, Township 34, Range 21; 38.24 (2) all that part of the Northeast Quarter of the Northwest 38.25 Quarter lying south of the centerline of County Ditch No. 5, 38.26 Section 9, Township 34, Range 21; 38.27 (3) the West Half of the Northeast Quarter of the Southeast 38.28 Quarter, Section 32, Township 33, Range 21; 38.29 (4) that part of the Northwest Quarter of the Southeast 38.30 Quarter described as follows: Beginning at the center of 38.31 Section 32; thence South along the north/south quarter line of 38.32 Section 32, 446 feet; thence East deflecting 90 degrees to the 38.33 left 126.20 feet to the point of beginning on the easterly 38.34 right-of-way line of Trunk Highway No. 61; thence continuing 38.35 East along the easterly projection of the last described course 38.36 469.20 feet to a point 595.40 feet East of the west line of the 39.1 Northwest Quarter of the Southeast Quarter; thence North 39.2 deflecting 90 degrees to the left 178.20 feet; thence East 39.3 deflecting 90 degrees to the right 725 feet more or less to the 39.4 east line of the Northwest Quarter of the Southeast Quarter of 39.5 Section 32; thence southerly along said east line 1,059.00 feet 39.6 more or less to the southeast corner of the Northwest Quarter of 39.7 the Southeast Quarter of Section 32; thence westerly along the 39.8 south line of the Northwest Quarter of Southeast Quarter of 39.9 Section 32, 1,125.00 feet more or less to the easterly 39.10 right-of-way line of Trunk Highway No. 61; thence northerly 39.11 along said easterly right-of-way line 903.00 feet more or less 39.12 to the point of beginning. Except that part beginning at the 39.13 center of Section 32; thence South 446 feet; thence East 595.40 39.14 feet; thence North 178.20 feet to the point of beginning; thence 39.15 continuing East 725 feet; thence South 301 feet; thence West 725 39.16 feet; thence North 301 feet to the point of beginning, Section 39.17 32, Township 33, Range 21; 39.18 (5) that part of the Northeast Quarter of the Northeast 39.19 Quarter described as follows: Beginning at the northeast corner 39.20 of Section 29; thence West 49 feet; thence South 156 feet; 39.21 thence East 49 feet; thence North 156 feet to the point of 39.22 beginning; and also beginning 3 rods west of the northeast 39.23 corner of the Northeast Quarter of the Northeast Quarter of 39.24 Section 29; thence West 140 feet; thence South to the center of 39.25 Goose Creek; thence following the center of Goose Creek to a 39.26 point directly South of the point of beginning; thence North to 39.27 the point of beginning, Section 29, Township 36, Range 21; and 39.28 (6) Outlot E of Kates Estates. 39.29 (d) The county has determined that the county's land 39.30 management interests would best be served if the lands were 39.31 returned to private ownership. 39.32 Sec. 12. [PUBLIC SALE OF SURPLUS STATE LAND; COOK COUNTY.] 39.33 (a) Notwithstanding Minnesota Statutes, sections 92.45, 39.34 94.09, and 94.10, the commissioner of natural resources may sell 39.35 the surplus land and buildings bordering on public waters that 39.36 are described in paragraph (c). 40.1 (b) The sale must be in a form approved by the attorney 40.2 general for consideration no less than the appraised value of 40.3 the land and buildings. The conveyance shall reserve an 40.4 easement to the state along the waterfront for angling and 40.5 management purposes and an access easement across said lands to 40.6 ensure ingress and egress to the public for access to the Flute 40.7 Reed River, which is a designated trout stream. The exact 40.8 location and legal description of the easements shall be 40.9 determined by the commissioner of natural resources. 40.10 (c) The land to be sold is located in Cook County and 40.11 described as: Part of the Northeast Quarter of the Northwest 40.12 Quarter, Section 20, Township 62 North, Range 4 East, beginning 40.13 at the quarter post between Sections 17 and 20; thence running 40.14 South 16 rods (264 feet); thence West 10 rods (165 feet); thence 40.15 North 16 rods (264 feet); thence East 10 rods (165 feet) to the 40.16 place of beginning. That portion of the Northeast Quarter of 40.17 the Northwest Quarter, Section 20, Township 62 North, Range 4 40.18 East, described as follows: Starting from a point on the east 40.19 line of said forty-acre tract 264 feet South of the northeast 40.20 corner thereof as the point of beginning; thence West 165 feet 40.21 along the south line of the tract of land heretofore deeded by 40.22 the grantors herein to the town of Hovland, which deed is 40.23 recorded in the office of the register of deeds of Cook County, 40.24 in Book R of Deeds on page 262 thereof; thence West five feet; 40.25 thence South 115 feet more or less to the north bank of Flute 40.26 Reed River; thence southeasterly along the north bank of said 40.27 river 214 feet more or less to the east line of the above 40.28 described forty-acre tract; thence North along said east line 40.29 237 feet more or less to the point of beginning. 40.30 (d) The parcel described in paragraph (c) is removed from 40.31 the Grand Portage State Forest. 40.32 (e) The parcel described in paragraph (c) is a former 40.33 forestry office site and it has been determined that this site 40.34 is no longer needed for natural resources purposes. 40.35 Sec. 13. [LAND EXCHANGE; COOK COUNTY.] 40.36 (a) Notwithstanding Minnesota Statutes, section 94.344, 41.1 subdivision 3, Cook County may, with the approval of the Land 41.2 Exchange Board as required under the Minnesota Constitution, 41.3 article XI, section 10, and according to the remaining 41.4 provisions of Minnesota Statutes, sections 94.342 to 93.348, 41.5 determine the value of the land to be exchanged that is 41.6 described in paragraph (b) by including the value of the 41.7 buildings and improvements located on the land. 41.8 (b) The land to be obtained by Cook County from the United 41.9 States in the exchange is all in Section 30, Township 66 North, 41.10 Range 4 West, described as: 41.11 (1) that part of Government Lot 6 described as follows: 41.12 Commencing at the point created by the intersection of the 41.13 north line of Lot 6 at the west line of the public landing 41.14 as the point of beginning; thence South on the west line of 41.15 said public landing tract a distance of 100.00 feet 41.16 (measured at right angles); thence West parallel to the 41.17 north line of Lot 6 for 215.00 feet; thence due North 41.18 100.00 feet to the north line of Lot 6; thence East on the 41.19 north line of Lot 6 a distance of 225.00 feet, more or 41.20 less, to the point of beginning, which is also described as: 41.21 Assuming the north boundary of said Government Lot 6 to lie 41.22 South 88 degrees 30 minutes 00 seconds East from the iron 41.23 pipe which is on the east end of said north boundary, then 41.24 North 88 degrees 30 minutes 00 seconds West along said 41.25 north boundary a distance of 384.75 feet to the point of 41.26 beginning; thence South 16 degrees 30 minutes 00 seconds 41.27 West a distance of 103.06 feet; thence North 88 degrees 30 41.28 minutes 00 seconds West a distance of 215.00 feet; thence 41.29 North 00 degrees 30 minutes 00 seconds East a distance of 41.30 100.00 feet to a point which lies on the north boundary; 41.31 thence South 88 degrees 30 minutes 00 seconds East along 41.32 said north boundary a distance of 239.93 feet back to the 41.33 point of beginning; and 41.34 (2) that part of Government Lot 7 described as follows: 41.35 Assuming the south boundary of Government Lot 7 to lie 41.36 South 88 degrees 30 minutes 00 seconds East and from the 42.1 iron pipe which is on the east end of said south boundary, 42.2 run North 88 degrees 30 minutes 00 seconds West along said 42.3 south boundary a distance of 346.53 feet to the point of 42.4 beginning; thence continue North 88 degrees 30 minutes 00 42.5 seconds West along said south boundary a distance of 388.17 42.6 feet; thence North 03 degrees 16 minutes 36 seconds West a 42.7 distance of 183.65 feet; thence North 23 degrees 01 minute 42.8 18 seconds East a distance of 113.59 feet; thence North 68 42.9 degrees 27 minutes 48 seconds East a distance of 225.73 42.10 feet; thence North 75 degrees 27 minutes 57 seconds East a 42.11 distance of 88.62 feet; thence North 82 degrees 47 minutes 42.12 51 seconds East to the shore of Saganaga Lake; thence 42.13 southwesterly along the shoreline to a point which lies on 42.14 the north boundary of the county public landing; thence 42.15 South 38 degrees 19 minutes 12 seconds West along said 42.16 northerly boundary of the county public landing a distance 42.17 of 90 feet, more of less; thence South 57 degrees 28 42.18 minutes 36 seconds West along said northerly boundary of 42.19 the county public landing a distance of 169.25 feet; thence 42.20 South 47 degrees 38 minutes 48 seconds East along the 42.21 southwesterly boundary of the county public landing a 42.22 distance of 92.42 feet back to the point of beginning. 42.23 (c) Notwithstanding Minnesota Statutes, section 282.018, 42.24 subdivision 1, Cook County may sell the land bordering public 42.25 water that is described in paragraph (b), under the remaining 42.26 provisions of Minnesota Statutes, chapter 282. 42.27 [EFFECTIVE DATE.] This section is effective the day 42.28 following final enactment. 42.29 Sec. 14. [PUBLIC SALE OF TAX-FORFEITED LAND BORDERING 42.30 PUBLIC WATER; CROW WING COUNTY.] 42.31 (a) Notwithstanding Minnesota Statutes, sections 92.45 and 42.32 282.018, subdivision 1, Crow Wing County may sell the 42.33 tax-forfeited land bordering public water that is described in 42.34 paragraph (c), under the remaining provisions of Minnesota 42.35 Statutes, chapter 282. 42.36 (b) The conveyance must be in a form approved by the 43.1 attorney general. 43.2 (c) The land to be sold is located in Crow Wing County and 43.3 is described as: undivided 1/3 interest in the Northwest 43.4 Quarter of the Southeast Quarter, Section 8, Township 45 North, 43.5 Range 28 West. 43.6 (d) The county has determined that the county's land 43.7 management interests would best be served if the lands were 43.8 returned to private ownership. 43.9 Sec. 15. [CONVEYANCE OF TAX-FORFEITED LAND BORDERING ON 43.10 PUBLIC WATER OR WETLANDS; HENNEPIN COUNTY.] 43.11 (a) Notwithstanding Minnesota Statutes, sections 92.45, 43.12 103F.535, and 282.018, subdivision 1, Hennepin County may 43.13 subdivide a larger tract of tax-forfeited land bordering Avalon 43.14 Channel, Black Lake, Lake Minnetonka, and described as Lot 18, 43.15 also Lots 29 to 32 inclusive, Block 24, "Seton," situated in the 43.16 city of Mound and may sell the portion of the parcel of 43.17 tax-forfeited lands bordering public water or natural wetlands 43.18 that is described in paragraph (c) according to this section. 43.19 (b) The conveyance must be in a form approved by the 43.20 attorney general and must be subject to restrictions imposed by 43.21 the commissioner of natural resources, including but not limited 43.22 to the requirement that no new structures, other than docks, 43.23 shall be allowed on the portion of the parcel Hennepin County 43.24 may sell, and further requirement that the balance of the 43.25 tax-forfeited parcel not sold shall remain in city park status. 43.26 The land described in paragraph (c) must be sold under the 43.27 alternate sale provisions in Minnesota Statutes, section 282.01, 43.28 subdivision 7a. 43.29 (c) The parcel of land that may be sold is described as: 43.30 that part of Lot 29, Block 24, "Seton," lying easterly of the 43.31 northerly extension of the west line of the East 10 feet of Lot 43.32 4, Block 1, Avalon. 43.33 (d) The county has determined that the county's land 43.34 management interests would best be served if the lands were 43.35 returned to private ownership. 43.36 [EFFECTIVE DATE.] This section is effective the day 44.1 following final enactment and upon delivery by the city of Mound 44.2 to the Hennepin County auditor a deed reconveying portions of 44.3 tax-forfeited land to the state of Minnesota for that portion 44.4 described in paragraph (c) that may be sold by Hennepin County. 44.5 Sec. 16. [PRIVATE SALE OF TAX-FORFEITED LAND; ITASCA 44.6 COUNTY.] 44.7 (a) Notwithstanding the public sale provisions of Minnesota 44.8 Statutes, chapter 282, or other law to the contrary, Itasca 44.9 County may sell by private sale the tax-forfeited land described 44.10 in paragraph (c) to an adjoining landowner to resolve an 44.11 encroachment. 44.12 (b) The conveyance must be in a form approved by the 44.13 attorney general for consideration no less than the appraised 44.14 value of the land. 44.15 (c) The land to be sold is located in Itasca County and is 44.16 described as: the North 150 feet of the East 175 feet of 44.17 Government Lot 8, Section 21, Township 55 North, Range 26 West. 44.18 (d) The county has determined that the county's land 44.19 management interests would best be served if the parcel was 44.20 returned to private ownership. 44.21 Sec. 17. [PRIVATE SALE OF CONSOLIDATED CONSERVATION LAND; 44.22 LAKE OF THE WOODS COUNTY.] 44.23 (a) Notwithstanding Minnesota Statutes, chapters 84A, 94, 44.24 and 282, the commissioner of natural resources may sell by 44.25 private sale the surplus land described in paragraph (c) 44.26 according to this section. 44.27 (b) The sale must be in a form approved by the attorney 44.28 general and may be for less than the appraised value. The 44.29 attorney general may make necessary changes in the legal 44.30 description to correct errors and ensure accuracy. Proceeds 44.31 shall be disposed of according to Minnesota Statutes, chapter 44.32 84A. 44.33 (c) The land to be sold is located in Lake of the Woods 44.34 County and described as: 1 acre, more or less, located in the 44.35 North Half of the North Half of Northeast Quarter of the 44.36 Northwest Quarter, Section 23, Township 160 North, Range 33 45.1 West, known as Potamo Cemetery. 45.2 (d) The land described in paragraph (c) is a burial ground 45.3 and thus not suitable for natural resource purposes. 45.4 Sec. 18. [PUBLIC SALE OF TRUST FUND LAND BORDERING PUBLIC 45.5 WATER; MILLE LACS COUNTY.] 45.6 (a) Notwithstanding Minnesota Statutes, section 92.45, the 45.7 commissioner of natural resources may sell by public sale the 45.8 school trust fund land bordering public water that is described 45.9 in paragraph (c), under the remaining provisions in Minnesota 45.10 Statutes, chapter 92. 45.11 (b) The conveyance shall be in a form approved by the 45.12 attorney general for consideration no less than the appraised 45.13 value of the land. The attorney general may make necessary 45.14 changes to the legal description to correct errors and ensure 45.15 accuracy. 45.16 (c) The land that may be sold is located in Mille Lacs 45.17 County and is described as follows: Lot 2, Section 16, Township 45.18 42 North, Range 26 West. 45.19 (d) The commissioner of natural resources has determined 45.20 that the land is no longer needed for any natural resource 45.21 purpose and that the state's land management interests would 45.22 best be served if the land was sold. 45.23 Sec. 19. [PUBLIC SALE OF SURPLUS STATE LAND BORDERING 45.24 PUBLIC WATER; MILLE LACS COUNTY.] 45.25 (a) Notwithstanding Minnesota Statutes, section 92.45, the 45.26 commissioner of natural resources may sell by public sale the 45.27 surplus state land bordering public water that is described in 45.28 paragraph (c) under the provisions of Minnesota Statutes, 45.29 chapter 94, or Laws 2003, First Special Session chapter 1, 45.30 article 1, section 31. 45.31 (b) The conveyance must be in a form approved by the 45.32 attorney general. The attorney general may make necessary 45.33 changes to the legal description to correct errors and ensure 45.34 accuracy. 45.35 (c) The land that may be sold is located in Mille Lacs 45.36 County and is described as: Government Lots 1 and 2 of Section 46.1 21, Township 43 North, Range 27 West, except the south 560 feet 46.2 of said Government Lot 2 lying between U.S. Highway No. 169 and 46.3 Mille Lacs Lake; also except the north 205.97 feet of said 46.4 Government Lot 1 lying west of the westerly right-of-way line of 46.5 U.S. Highway No. 169; also except that portion taken for trunk 46.6 highway purposes in addition to the existing highway, together 46.7 with all right of access being the right of ingress to and 46.8 egress from all that portion of the above-described property to 46.9 Trunk Highway No. 169. 46.10 (d) The commissioner has determined that the state's land 46.11 management interests would best be served if the land was sold. 46.12 Sec. 20. [CONVEYANCE OF SURPLUS STATE LAND; OLMSTED 46.13 COUNTY.] 46.14 (a) Notwithstanding Minnesota Statutes, sections 94.09 to 46.15 94.16, the commissioner of administration shall convey to the 46.16 city of Rochester for no consideration the surplus land that is 46.17 described in paragraph (c). 46.18 (b) The conveyance must be in a form approved by the 46.19 attorney general. 46.20 (c) The land to be conveyed is located in Olmsted County 46.21 and is described as: 46.22 All that part of the Southwest Quarter and all that part of 46.23 the West Half of the Southeast Quarter, in Section 5, 46.24 Township 106 North, Range 13 West, Olmsted County, 46.25 Minnesota which lies south of Trunk Highway No. 14; also, 46.26 all that part of the Northwest Quarter of the Southeast 46.27 Quarter in Section 6, Township 106 North, Range 13 West, 46.28 Olmsted County, Minnesota which lies south of Trunk Highway 46.29 No. 14; containing in all approximately 175 acres. 46.30 (d) The commissioner has determined that the land is no 46.31 longer needed for any state purpose and that the state's land 46.32 management interests would best be served if the land was 46.33 conveyed to and used by the city of Rochester. 46.34 Sec. 21. [PUBLIC SALE OF TAX-FORFEITED LAND BORDERING 46.35 PUBLIC WATER; ROCK COUNTY.] 46.36 (a) Notwithstanding Minnesota Statutes, sections 92.45 and 47.1 282.018, subdivision 1, Rock County may sell the tax-forfeited 47.2 land bordering public water that is described in paragraph (c), 47.3 under the remaining provisions of Minnesota Statutes, chapter 47.4 282. 47.5 (b) A deed restriction shall be a part of the sale that 47.6 prevents any tillage or building construction on the property 47.7 and grazing shall be limited to stocking rates approved by the 47.8 United States Department of Agriculture, Natural Resources 47.9 Conservation Service. 47.10 (c) The conveyance must be in a form approved by the 47.11 attorney general. 47.12 (d) The land to be sold is located in Rock County and is 47.13 described as: the North 580.08 feet of the South 2112.08 feet 47.14 of the East 875 feet of the SE 1/4 of Section 26, Township 104 47.15 North, Range 44 West. 47.16 (e) The county has determined that the county's land 47.17 management interests would best be served if the lands were 47.18 returned to private ownership. 47.19 [EFFECTIVE DATE.] This section is effective the day 47.20 following final enactment. 47.21 Sec. 22. [CONVEYANCE OF TAX-FORFEITED LAND BORDERING 47.22 PUBLIC WATER; ROSEAU COUNTY.] 47.23 (a) Notwithstanding Minnesota Statutes, sections 92.45 and 47.24 282.018, subdivision 1, and the public sale provisions of 47.25 Minnesota Statutes, chapter 282, Roseau County may convey to a 47.26 public entity for no consideration the tax-forfeited land 47.27 bordering public water that is described in paragraph (c) or may 47.28 sell the land to a public entity for the appraised value. 47.29 (b) The conveyance or sale must be in a form approved by 47.30 the attorney general. A conveyance for no consideration must 47.31 provide that the land reverts to the state if the public entity 47.32 stops using the land for a public purpose. 47.33 (c) The land to be conveyed is located in Roseau County and 47.34 is described as: 47.35 (1) Lot 2, Soler Township, Section 2, Township 162 North, 47.36 Range 43 West; 48.1 (2) Lot 3, Soler Township, Section 2, Township 162 North, 48.2 Range 43 West; 48.3 (3) Lot 4, Soler Township, Section 2, Township 162 North, 48.4 Range 43 West; 48.5 (4) the Northeast Quarter of the Southeast Quarter, Section 48.6 18, Township 163 North, Range 44 West; 48.7 (5) the Northwest Quarter of the Southwest Quarter, Section 48.8 27, Township 163 North, Range 44 West; 48.9 (6) the Southwest Quarter of the Southwest Quarter, Section 48.10 27, Township 163 North, Range 44 West; and 48.11 (7) the Northwest Quarter of the Northwest Quarter, Section 48.12 34, Township 163 North, Range 44 West. 48.13 (d) The county has determined that the county's land 48.14 management interests would best be served if the land were 48.15 conveyed to a public entity. 48.16 Sec. 23. [CONVEYANCE OF TAX-FORFEITED LAND BORDERING 48.17 PUBLIC WATER; ROSEAU COUNTY.] 48.18 (a) Notwithstanding Minnesota Statutes, sections 92.45 and 48.19 282.018, subdivision 1, and the public sale provisions of 48.20 Minnesota Statutes, chapter 282, Roseau County may convey to a 48.21 public entity for no consideration, sell to a public entity for 48.22 the appraised value, or sell by public sale under the remaining 48.23 provisions of Minnesota Statutes, chapter 282, the tax-forfeited 48.24 land bordering public water described in paragraph (c). 48.25 (b) The conveyance or sale must be in a form approved by 48.26 the attorney general and reserve an easement for potential trail 48.27 purposes and a road easement across the Southeast Quarter of the 48.28 Northeast Quarter of Section 18, Township 163, Range 44, to 48.29 provide access to state lands and the Roseau River Access. 48.30 (c) The land to be conveyed is located in Roseau County and 48.31 described as: 48.32 (1) the Northeast Quarter of the Northeast Quarter, Section 48.33 18, Township 163 North, Range 44 West; 48.34 (2) the Southeast Quarter of the Northeast Quarter, Section 48.35 18, Township 163 North, Range 44 West; 48.36 (3) the Northwest Quarter of the Southeast Quarter, Section 49.1 18, Township 163 North, Range 44 West; 49.2 (4) the Southwest Quarter of the Southeast Quarter, Section 49.3 18, Township 163 North, Range 44 West; 49.4 (5) the Southeast Quarter of the Southeast Quarter, Section 49.5 18, Township 163 North, Range 44 West; and 49.6 (6) the Southwest Quarter of the Northwest Quarter, Section 49.7 27, Township 163 North, Range 44 West. 49.8 (d) The county has determined that the county's best 49.9 interests would be served if the land were conveyed to an 49.10 outside interest subject to the trail and road easements. 49.11 Sec. 24. [PUBLIC SALE OF TAX-FORFEITED LAND BORDERING 49.12 PUBLIC WATER; ST. LOUIS COUNTY.] 49.13 (a) Notwithstanding Minnesota Statutes, sections 92.45 and 49.14 282.018, subdivision 1, St. Louis County may sell the 49.15 tax-forfeited land bordering public water that is described in 49.16 paragraph (c), under the remaining provisions of Minnesota 49.17 Statutes, chapter 282. 49.18 (b) The conveyance must be in a form approved by the 49.19 attorney general. The attorney general may make necessary 49.20 changes to the legal descriptions to correct errors and ensure 49.21 accuracy. 49.22 (c) The land to be sold is located in St. Louis County and 49.23 is described as: 49.24 (1) NE1/4 of SW1/4, Section 19, T52N, R20W; 49.25 (2) NE1/4 of NE1/4 and NW1/4 of NE1/4 ex part wly of 49.26 centerline of County Rd #44, Section 22, T56N, R12W; 49.27 (3) that part of NE1/4 of SE1/4 lying S of Floodwood River, 49.28 Section 19, T52N, R20W; 49.29 (4) NW1/4 of SE1/4 ex W1/2 and E165 ft of W1/2 of NW1/4 of 49.30 SE1/4, Section 5, T51N, R13W; 49.31 (5) NE1/4 of SW1/4 inc E1/2 of NW1/4 of SW1/4, Section 32, 49.32 T52N, R14W; 49.33 (6) that part of SW1/4 of SE1/4 lying W of county rd ex sly 49.34 2 ac, Section 21, T56N, R18W; and 49.35 (7) Lot 7 ex part lying S and E of centerline of Co Rd 49.36 #609, Section 1, T56N, R16W. 50.1 (d) The county has determined that the county's land 50.2 management interests would best be served if the lands were 50.3 returned to private ownership. 50.4 (e) For the NE1/4 of NE1/4 and NW1/4 of NE1/4 ex part wly 50.5 of centerline of County Rd #44, Section 22, T56N, R12W and the 50.6 NW1/4 of SE1/4 ex W1/2 and E165 ft of W1/2 of NW1/4 of the SE1/4 50.7 of Section 5, T51N, R13W, the county shall grant an easement to 50.8 the state to the bed of the designated trout stream or tributary 50.9 and a strip of land no wider than will be enclosed between the 50.10 top edge of the streambank and a line parallel thereto and 66 50.11 feet distance therefrom on either side of the stream as it 50.12 crosses St. Louis County tax-forfeited land for the purpose of 50.13 fish stocking and the development of fish habitat in the 50.14 described area, including tree planting, fencing, erosion 50.15 control, installation of instream structures, posting of signs, 50.16 and other improvements as deemed necessary and angling by the 50.17 public in the described area. 50.18 (f) For the NE1/4 of SW1/4, Section 19, T52N, R20W and that 50.19 part of NE1/4 of SE1/4 lying S of Floodwood River, Section 19, 50.20 T52N, R20W, the county shall grant to the state an easement to 50.21 the bed of the stream and a strip of land no wider than will be 50.22 enclosed between the top edge of the streambank and a line 50.23 parallel thereto and 50 feet distance therefrom on either side 50.24 of the Floodwood River as it crosses the St. Louis County 50.25 tax-forfeited land for the purpose of fish stocking and the 50.26 development of fish habitat in the described area, including 50.27 tree planting, fencing, erosion control, installation of 50.28 instream structures, posting of signs, and other improvements as 50.29 deemed necessary and angling by the public in the described area. 50.30 (g) For the NE1/4 of SW1/4 inc E1/2 of NW1/4 of SW1/4, 50.31 Section 32, T52N, R14W, the county shall grant to the state an 50.32 easement to the bed of the stream and a strip of land no wider 50.33 than will be enclosed between the top edge of the streambank and 50.34 a line parallel thereto and 50 feet distance therefrom on either 50.35 side of the inlet stream to Fish Lake Reservoir as it crosses 50.36 the St. Louis County tax-forfeited land for the purpose of fish 51.1 stocking and the development of fish habitat in the described 51.2 area, including tree planting, fencing, erosion control, 51.3 installation of instream structures, posting of signs, and other 51.4 improvements as deemed necessary and angling by the public in 51.5 the described area. 51.6 (h) For Lot 7 ex part lying S and E of centerline of Co Rd 51.7 #609, Section 1, T56N, R16W, the county shall grant to the state 51.8 an easement of 66 feet from the ordinary high water mark of Mud 51.9 Hen Lake for the purpose of providing protection of riparian 51.10 vegetation, angler access for fishing, and DNR access for 51.11 habitat improvement. 51.12 Sec. 25. [PRIVATE SALE OF TAX-FORFEITED LAND; ST. LOUIS 51.13 COUNTY.] 51.14 (a) Notwithstanding the public sale provisions of Minnesota 51.15 Statutes, chapter 282, or other law to the contrary, St. Louis 51.16 County may sell by private sale the tax-forfeited land described 51.17 in paragraph (c). 51.18 (b) The conveyance must be in a form approved by the 51.19 attorney general. The attorney general may make necessary 51.20 changes to the legal descriptions to correct errors and ensure 51.21 accuracy. 51.22 (c) The land to be sold is located in St. Louis County and 51.23 is described as: 51.24 (1) part of SE1/4 of SE1/4 lying within 33 ft on each side 51.25 of a line comm at E1/4 cor of sec; thence wly on E-W1/4 line 51.26 with an assumed azimuth of 269 degrees 06 minutes 51 seconds 51.27 384.05 ft; thence at an azimuth of 204 degrees 41 minutes 21 51.28 seconds 1179.68 ft; thence at an azimuth of 205 degrees 41 51.29 minutes 50 seconds 288 ft to N line of forty and the point of 51.30 beg; thence continue on previous azimuth 660 ft to W line of 51.31 forty, Section 11, T51N, R15W; 51.32 (2) NW1/4 of NE1/4 ex part lying E of a line 33 ft ely of a 51.33 line beg on N line at an azimuth of 269 degrees 6 minutes 49 51.34 seconds 361.54 ft from NE cor; thence at an azimuth of 205 51.35 degrees 41 minutes 0 seconds 1217.71 ft; thence at an azimuth of 51.36 128 degrees 43 minutes 18 seconds 362 ft to S line and ex part 52.1 lying W of a line which is 33 ft W of above described line, 52.2 Section 14, T51N, R15W; and 52.3 (3) that part of NE1/4 of SE1/4 lying within 33 ft ely and 52.4 33 ft wly of following desc line comm at E quarter cor of Sect 52.5 11; thence wly on E-W quarter line which has an assumed azimuth 52.6 (0 degrees N) of 269 degrees 6 minutes 51 seconds for 384.05 ft 52.7 to pt of beg of desc line; thence at an azimuth of 204 degrees 52.8 41 minutes 21 seconds for 1179.68 ft; thence at an azimuth of 52.9 205 degrees 41 minutes 50 seconds for 288 ft to S line of forty, 52.10 Section 11, T51N, R15W. 52.11 (d) The county has determined that the county's land 52.12 management interests would best be served if the lands were 52.13 returned to private ownership. 52.14 Sec. 26. [PRIVATE SALE OF TAX-FORFEITED LAND; ST. LOUIS 52.15 COUNTY.] 52.16 (a) Notwithstanding the public sale provisions of Minnesota 52.17 Statutes, chapter 282, or other law to the contrary, St. Louis 52.18 County may sell by private sale the tax-forfeited land described 52.19 in paragraph (c). 52.20 (b) The conveyance must be in a form approved by the 52.21 attorney general. The attorney general may make necessary 52.22 changes to the legal descriptions to correct errors and ensure 52.23 accuracy. The county may sell the undivided 17/32 interest in 52.24 the Northeast Quarter of the Southeast Quarter and the Northwest 52.25 Quarter of the Southeast Quarter, Section 34, Township 59 North, 52.26 Range 18 West, by private sale notwithstanding Minnesota 52.27 Statutes, section 282.01, subdivision 8, and the public sale 52.28 provisions of Minnesota Statutes, chapter 282, under the 52.29 remaining provisions of Minnesota Statutes, chapter 282, subject 52.30 to the approval of the commissioner of natural resources. For 52.31 the undivided 17/32 interest in the Northeast Quarter of the 52.32 Southeast Quarter and the Northwest Quarter of the Southeast 52.33 Quarter, all in Section 34, Township 59 North, Range 18 West, 52.34 the conveyance must provide that the land is subject to the 52.35 terms and conditions of State Taconite Iron Ore Mining Lease 52.36 Numbered T-5036. The commissioner of natural resources may 53.1 approve sale upon a determination that the taconite resource has 53.2 been removed from the land to be sold. 53.3 (c) The land to be sold is located in St. Louis County and 53.4 is described as: 53.5 (1) NW1/4 of SE1/4, Section 34, T59N, R18W (17/32 undivided 53.6 interest); 53.7 (2) NE1/4 of SE1/4, Section 34, T59N, R18W; 53.8 (3) NE1/4 of SW1/4, Section 34, T59N, R18W; and 53.9 (4) SE1/4 of NW1/4, Section 34, T59N, R18W. 53.10 (d) The county has determined that the county's land 53.11 management interests would best be served if the lands were 53.12 returned to private ownership for stockpiling use. 53.13 Sec. 27. [PRIVATE SALE OF TAX-FORFEITED LAND; ST. LOUIS 53.14 COUNTY.] 53.15 (a) Notwithstanding the public sale provisions of Minnesota 53.16 Statutes, chapter 282, or other law to the contrary, St. Louis 53.17 County may sell by private sale the tax-forfeited land described 53.18 in paragraph (c). 53.19 (b) The conveyance must be in a form approved by the 53.20 attorney general. The attorney general may make necessary 53.21 changes to the legal descriptions to correct errors and ensure 53.22 accuracy. 53.23 (c) The land to be sold is located in St. Louis County and 53.24 is described as: 53.25 (1) the easterly 240.00 feet of the southerly 380.00 feet 53.26 of the Northwest Quarter of the Northeast Quarter of Section 4, 53.27 Township 62 North, Range 13 West, St. Louis County, Minnesota. 53.28 This parcel contains 2.08 acres more or less; and 53.29 (2) the westerly 360.00 feet of the southerly 380.00 feet 53.30 of the Northeast Quarter of the Northeast Quarter of Section 4, 53.31 Township 62 North, Range 13 West, St. Louis County, Minnesota. 53.32 This parcel contains 3.14 acres more or less. 53.33 (d) The county has determined that the county's land 53.34 management interests would best be served if the lands were 53.35 returned to private ownership. 53.36 Sec. 28. [PUBLIC SALE OF SURPLUS STATE LAND BORDERING 54.1 PUBLIC WATER; ST. LOUIS COUNTY.] 54.2 (a) Notwithstanding Minnesota Statutes, section 92.45, the 54.3 commissioner of natural resources may sell by public sale the 54.4 surplus state land bordering public water that is described in 54.5 paragraph (c), under the remaining provisions of Minnesota 54.6 Statutes, chapter 92. 54.7 (b) The conveyance must be in a form approved by the 54.8 attorney general. The attorney general may make necessary 54.9 changes to the legal description to correct errors and ensure 54.10 accuracy. 54.11 (c) The land that may be sold is located in St. Louis 54.12 County and is described as: Outlot A, Lake Leander Homesite 54.13 Plat No. 1, Section 16, Township 60 North, Range 19 West. 54.14 (d) The conveyance shall also reserve an access easement 54.15 across the land to ensure access to Lot 11, Block 1 of Lake 54.16 Leander Homesite Plat No. 1. 54.17 (e) The commissioner has determined that the state's land 54.18 management interests would best be served if the land was sold. 54.19 Sec. 29. [PRIVATE SALE OF TAX-FORFEITED LAND; ST. LOUIS 54.20 COUNTY.] 54.21 (a) Notwithstanding the public sale provisions of Minnesota 54.22 Statutes, chapter 282, or other law to the contrary, St. Louis 54.23 County may sell by private sale the tax-forfeited land described 54.24 in paragraph (c). 54.25 (b) The conveyance must be in a form approved by the 54.26 attorney general for a consideration of taxes due on the 54.27 property and any penalties, interest, and costs. 54.28 (c) The land to be sold is located in St. Louis County and 54.29 is described as: 54.30 NW 1/4 of NW 1/4 ex 14.98 ac at NW corner and ex 4.66 ac at 54.31 SW corner, Section 13, Township 61, Range 21, Town of Morcom, 54.32 460-10-2050. 54.33 (d) The county has determined that the county's land 54.34 management interests would best be served if the lands were 54.35 returned to private ownership.