HF 2797

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to transportation; requiring conveyance 
  1.3             within three months of excess real estate no longer 
  1.4             needed for highway purposes; appropriating money; 
  1.5             amending Minnesota Statutes 2002, sections 161.23, 
  1.6             subdivision 2; 161.44, subdivisions 2, 9. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2002, section 161.23, 
  1.9   subdivision 2, is amended to read: 
  1.10     Subd. 2.  [CONVEYANCE OF EXCESS.] On acquiring real estate 
  1.11  in excess of what is needed for trunk highway purposes as 
  1.12  authorized in subdivision 1, the commissioner of transportation 
  1.13  shall, within one year three months after determining that the 
  1.14  land is no longer needed for highway purposes or three months 
  1.15  after the completion of the construction, reconstruction, or 
  1.16  improvement of the highway for which a portion of the real 
  1.17  estate was needed and required, convey and quitclaim the excess 
  1.18  real estate to the highest responsible bidder, after receipt of 
  1.19  sealed bids following mailed notice to adjacent landowners and 
  1.20  published notice of the sale for three successive weeks in a 
  1.21  newspaper or trade journal of general circulation in the 
  1.22  territory from which bids are likely to be received.  All bids 
  1.23  may be rejected and new bids received upon like advertisement.  
  1.24  The deed may contain restrictive clauses limiting the use of 
  1.25  such real estate in the interests of safety and convenient 
  1.26  public travel when the commissioner finds that the restrictions 
  2.1   are reasonably necessary. 
  2.2      Sec. 2.  Minnesota Statutes 2002, section 161.44, 
  2.3   subdivision 2, is amended to read: 
  2.4      Subd. 2.  [RECONVEYANCE; REMAINDER OWNED BY VENDOR OR 
  2.5   SURVIVING SPOUSE.] If the lands were part of a larger tract and 
  2.6   the remainder of the tract is still owned by the person or the 
  2.7   person's surviving spouse from whom the lands were acquired, or 
  2.8   if the lands constituted an entire tract, the lands must first 
  2.9   be offered for reconveyance to the previous owner or the owner's 
  2.10  surviving spouse.  When lands are offered for reconveyance, the 
  2.11  amount of money to be repaid for those lands must be the 
  2.12  appraised current market value of the lands to be 
  2.13  reconveyed.  The offer must be made within three months after 
  2.14  the commissioner determines the lands are no longer needed for 
  2.15  highway purposes.  The offer must be made by certified mail 
  2.16  addressed to the person at the person's last known address.  The 
  2.17  person or the person's surviving spouse shall have 60 days from 
  2.18  the date of mailing the offer to accept and to tender to the 
  2.19  commissioner the required sum of money.  
  2.20     Sec. 3.  Minnesota Statutes 2002, section 161.44, 
  2.21  subdivision 9, is amended to read: 
  2.22     Subd. 9.  [RECEIPTS PAID INTO TRUNK HIGHWAY FUND; 
  2.23  APPROPRIATION.] Moneys Money received from the sale of such 
  2.24  lands and properties less any fees paid under subdivision 6a, 
  2.25  must be paid into the trunk highway fund.  From this money, an 
  2.26  amount is annually appropriated to the commissioner, sufficient 
  2.27  to pay the cost of one full-time employee to administer the 
  2.28  conveyances of excess land and reconveyances under this section 
  2.29  and section 161.23.