1st Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am
Engrossments | ||
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Introduction | Posted on 02/07/2002 | |
1st Engrossment | Posted on 02/25/2002 |
1.1 A bill for an act 1.2 relating to natural resources; modifying land 1.3 acquisition procedures; modifying and creating certain 1.4 state trails; modifying provisions for certain lands 1.5 withdrawn from sale; modifying certain local planning 1.6 regulations; adding to and deleting from certain state 1.7 parks, state forests, and state recreation areas; 1.8 authorizing public and private sales of certain state 1.9 land in Big Stone, Douglas, Itasca, Kandiyohi, Meeker, 1.10 Morrison, St. Louis, Scott, Sherburne, and Winona 1.11 counties; requiring a rule amendment; appropriating 1.12 money; amending Minnesota Statutes 2000, sections 1.13 84.0272; 85.015, subdivision 2, by adding a 1.14 subdivision; 282.018, subdivision 1; 394.36, by adding 1.15 a subdivision; 462.357, by adding a subdivision. 1.16 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.17 Section 1. Minnesota Statutes 2000, section 84.0272, is 1.18 amended to read: 1.19 84.0272 [PROCEDURE IN ACQUIRING LANDS.] 1.20 Subdivision 1. [ACQUISITION PROCEDURE.] When the 1.21 commissioner of natural resources is authorized to acquire lands 1.22 or interests in lands the procedure set forth in this section 1.23 shall apply. The commissioner of natural resources shall first 1.24 prepare a fact sheet showing the lands to be acquired, the legal 1.25 authority for their acquisition, and the qualities of the land 1.26 that make it a desirable acquisition. The commissioner of 1.27 natural resources shall cause the lands to be appraised. An 1.28 appraiser shall before entering upon the duties of office take 1.29 and subscribe an oath to faithfully and impartially discharge 1.30 the duties as appraiser according to the best of the appraiser's 2.1 ability and that the appraiser is not interested directly or 2.2 indirectly in any of the lands to be appraised or the timber or 2.3 improvements thereon or in the sale thereof and has entered into 2.4 no agreement or combination to purchase the same or any part 2.5 thereof, which oath shall be attached to the report of the 2.6 appraisal. The commissioner of natural resources may pay less 2.7 than the appraised value, but shall not agree to pay more than 2.8 ten percent above the appraised value, except that if the 2.9 commissioner pays less than the appraised value for a parcel of 2.10 land, the difference between the purchase price and the 2.11 appraised value may be used to apply to purchases at more than 2.12 the appraised value. The sum of accumulated differences between 2.13 appraised amounts and purchases for more than the appraised 2.14 amount may not exceed the sum of accumulated differences between 2.15 appraised amounts and purchases for less than the appraised 2.16 amount. New appraisals may be made at the discretion of the 2.17 commissioner of natural resources. 2.18 Subd. 2. [STREAM EASEMENTS.] (a) Notwithstanding 2.19 subdivision 1, the commissioner may acquire permanent stream 2.20 easements for angler access, fish management, and habitat work 2.21 for a onetime payment based on a value attributed to both the 2.22 stream and the easement corridor. The payment shall equal: 2.23 (1) the per linear foot of stream within the easement 2.24 corridor times $5; plus 2.25 (2) the easement corridor acres times the estimated market 2.26 value. 2.27 (b) The estimated market value is equal to: 2.28 (1) the total farm market value plus the timberlands value; 2.29 divided by 2.30 (2) the acres of deeded farmland plus the acres of timber. 2.31 (c) The total farm market value, timberlands value, acres 2.32 of deeded farmland, and acres of timber are determined from data 2.33 collected by the department of revenue during its annual spring 2.34 mini abstract survey. The commissioner must use the most recent 2.35 available data for the city or township within which the 2.36 easement corridor is located. 3.1 Sec. 2. Minnesota Statutes 2000, section 85.015, 3.2 subdivision 2, is amended to read: 3.3 Subd. 2. [CASEY JONES TRAIL, MURRAY, REDWOOD, AND 3.4 PIPESTONE COUNTIES.] (a) The trail shall originate in Lake 3.5 Shetek state park,in Murray county,and include the six-mile 3.6 loop between Currie in Murray county and Lake Shetek state 3.7 park. From there, the first half of the trail shall trail 3.8 southwesterly to Slayton, Minnesotain Murray county; thence 3.9 westerly to the point of intersection with the most easterly 3.10 terminus of the state-owned abandoned railroad right-of-way, 3.11 commonly known as the Casey Jones unit; thence westerly along 3.12 said Casey Jones unit to Pipestone, Minnesota,in Pipestone 3.13 county; thence southwesterly to Split Rock Creek state park in 3.14 Pipestone county, and there terminate. The second half of the 3.15 trail shall commence in Lake Shetek state park in Murray county 3.16 and trail northeasterly to Walnut Grove in Redwood county and 3.17 there terminate. 3.18 (b) The trail shall be developedprimarily for riding and3.19hikingas a multiuse, multiseasonal, dual treadway trail. 3.20 Nothing herein shall abrogate the purpose for which the Casey 3.21 Jones unit was originally established, and the use thereof shall 3.22 be concurrent. 3.23 Sec. 3. Minnesota Statutes 2000, section 85.015, is 3.24 amended by adding a subdivision to read: 3.25 Subd. 24. [CUYUNA LAKES TRAIL, CROW WING AND AITKIN 3.26 COUNTIES.] The trail shall provide for separate alignments 3.27 insofar as practical, one paved and one unpaved, to maximize use 3.28 and to minimize user conflicts and maintenance costs. The trail 3.29 alignments shall originate in Crow Wing county at the Paul 3.30 Bunyan trail in the city of Baxter and shall extend in an 3.31 east-northeasterly direction to the city of Riverton, Crow Wing 3.32 county, where they shall connect to the Sagamore Mine segment of 3.33 the Cuyuna Country state recreation area. The trail alignments 3.34 shall then continue in a northeasterly direction, generally 3.35 along and using former railroad rights-of-way insofar as 3.36 practical, to connect with the main body of the Cuyuna Country 4.1 state recreation area, the communities of Ironton and Crosby in 4.2 Crow Wing county, and the Croft Mine historical park. The trail 4.3 alignments shall then continue in an east-northeasterly 4.4 direction, generally along and using former railroad 4.5 rights-of-way insofar as practical, to the city of Cuyuna in 4.6 Crow Wing county, and then continue east to the city of Aitkin, 4.7 Aitkin county, and there terminate. 4.8 Sec. 4. Minnesota Statutes 2000, section 282.018, 4.9 subdivision 1, is amended to read: 4.10 Subdivision 1. [LAND ON OR ADJACENT TO PUBLIC WATERS.] (a) 4.11 All land which is the property of the state as a result of 4.12 forfeiture to the state for nonpayment of taxes, regardless of 4.13 whether the land is held in trust for taxing districts, and 4.14 which borders on or is adjacent to meandered lakes and other 4.15 public waters and watercourses, and the live timber growing or 4.16 being thereon, is hereby withdrawn from sale except as 4.17 hereinafter provided. The authority having jurisdiction over 4.18 the timber on any such lands may sell the timber as otherwise 4.19 provided by law for cutting and removal under such conditions as 4.20 the authority may prescribe in accordance with approved, 4.21 sustained yield forestry practices. The authority having 4.22 jurisdiction over the timber shall reserve such timber and 4.23 impose such conditions as the authority deems necessary for the 4.24 protection of watersheds, wildlife habitat, shorelines, and 4.25 scenic features. Within the area in Cook, Lake, and St. Louis 4.26 counties described in the Act of Congress approved July 10, 1930 4.27 (46 Stat. 1020), the timber on tax-forfeited lands shall be 4.28 subject to like restrictions as are now imposed by that act on 4.29 federal lands. 4.30 (b) Of all tax-forfeited land bordering on or adjacent to 4.31 meandered lakes and other public waters and watercourses and so 4.32 withdrawn from sale, a strip two rods in width, the ordinary 4.33 high-water mark being the waterside boundary thereof, and the 4.34 land side boundary thereof being a line drawn parallel to the 4.35 ordinary high-water mark and two rods distant landward 4.36 therefrom, hereby is reserved for public travel thereon, and 5.1 whatever the conformation of the shore line or conditions 5.2 require, the authority having jurisdiction over such lands shall 5.3 reserve a wider strip for such purposes. 5.4 (c) Any tract or parcel of land which has50150 feet or 5.5 less of waterfront may be sold by the authority having 5.6 jurisdiction over the land, in the manner otherwise provided by 5.7 law for the sale of such lands, if the authority determines that 5.8 it is in the public interest to do so. If the authority having 5.9 jurisdiction over the land is not the commissioner of natural 5.10 resources, the land may not be offered for sale without the 5.11 prior approval of the commissioner of natural resources. 5.12 (d) Where the authority having jurisdiction over lands 5.13 withdrawn from sale under this section is not the commissioner 5.14 of natural resources, the authority may submit proposals for 5.15 disposition of the lands to the commissioner. The commissioner 5.16 of natural resources shall evaluate the lands and their public 5.17 benefits and make recommendations on the proposed dispositions 5.18 to the committees of the legislature with jurisdiction over 5.19 natural resources. The commissioner shall include any 5.20 recommendations of the commissioner for disposition of lands 5.21 withdrawn from sale under this section over which the 5.22 commissioner has jurisdiction. The commissioner's 5.23 recommendations may include a public sale, sale to a private 5.24 party, acquisition by the department of natural resources for 5.25 public purposes, or a cooperative management agreement with, or 5.26 transfer to, another unit of government. 5.27 Sec. 5. Minnesota Statutes 2000, section 394.36, is 5.28 amended by adding a subdivision to read: 5.29 Subd. 1a. [SUBSTANDARD STRUCTURES.] Notwithstanding 5.30 subdivision 1, Minnesota Rules, parts 6105.0351 to 6105.0550, 5.31 may allow for the continuation and improvement of substandard 5.32 structures, as defined in Minnesota Rules, part 6105.0354, 5.33 subpart 30, in the Lower Saint Croix National Scenic Riverway. 5.34 Sec. 6. Minnesota Statutes 2000, section 462.357, is 5.35 amended by adding a subdivision to read: 5.36 Subd. 1f. [SUBSTANDARD STRUCTURES.] Notwithstanding 6.1 subdivision 1e, Minnesota Rules, parts 6105.0351 to 6105.0550, 6.2 may allow for the continuation and improvement of substandard 6.3 structures, as defined in Minnesota Rules, part 6105.0354, 6.4 subpart 30, in the Lower Saint Croix National Scenic Riverway. 6.5 Sec. 7. [ADDITIONS TO CROW WING STATE PARK.] 6.6 [85.012] [Subd. 14.] [CROW WING STATE PARK, CROW WING, 6.7 CASS, AND MORRISON COUNTIES.] The following areas are added to 6.8 Crow Wing state park, Crow Wing county: 6.9 (1) all of Government Lots 1 and 2 of Section 7; all of 6.10 Government Lots 1, 2, and 4, the Southwest Quarter of the 6.11 Southwest Quarter, and the Southwest Quarter of the Southeast 6.12 Quarter of Section 8; that part of Government Lot 4 lying west 6.13 of Highway 371 and that part of the West Half of the Southwest 6.14 Quarter lying west of Highway 371 of Section 9; and all of 6.15 Government Lots 2 and 3 of Section 18; all in Township 44 North, 6.16 Range 31 West; 6.17 (2) that part of the Southeast Quarter of the Southeast 6.18 Quarter, the Northeast Quarter of the Southeast Quarter, and 6.19 Government Lot 1, lying south, west, and north of the following 6.20 described line: Beginning at the southeast corner of said 6.21 Section 13; thence North, assumed bearing, 66.00 feet along the 6.22 east line of said Section 13 to Point "A"; thence North 89 6.23 degrees 01 minutes 00 seconds West 367.23 feet; thence 6.24 northwesterly 1335.72 feet along a non-tangential curve concave 6.25 to the northeast, radius 4837.27 feet, central angle 15 degrees 6.26 49 minutes 16 seconds, the chord of which bears North 41 degrees 6.27 45 minutes 20 seconds West; thence North, not tangent to the 6.28 last described curve, 817.82 feet; thence northeasterly 650.80 6.29 feet along a non-tangential curve concave to the southeast, 6.30 radius 1230.00 feet, central angle 30 degrees 18 minutes 56 6.31 seconds the chord of which bears North 36 degrees 50 minutes 32 6.32 seconds East to Point "B"; thence East 868.26 feet, more or 6.33 less, to the east line of said Northeast Quarter of the 6.34 Southeast Quarter and there terminating of Section 13; and the 6.35 East Half of the Northeast Quarter and the East Half of the 6.36 Southeast Quarter of Section 24; all in Township 44 North, Range 7.1 32 West; and 7.2 (3) Government Lot 3 of Section 27, Township 133 North, 7.3 Range 29 West. 7.4 Sec. 8. [DELETIONS FROM BIG STONE LAKE STATE PARK.] 7.5 [85.012] [Subd. 6.] [BIG STONE LAKE STATE PARK, BIG STONE 7.6 COUNTY.] The following areas are deleted from Big Stone Lake 7.7 state park, Big Stone county: 7.8 All those parts of Lots 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 7.9 13, 14, 15, 16, 17, 18, and 19 of the plat SECOND ADDITION TO 7.10 SUNSET VIEW, according to the plat on file and of record in the 7.11 office of the recorder of Big Stone county, Minnesota, being in 7.12 Government Lot 1, Section 13, Township 122 North, Range 47 West; 7.13 and that part of Government Lot 1, Section 13, Township 122 7.14 North, Range 47 West, Big Stone county, Minnesota, being a strip 7.15 of land 80 feet in width lying northerly of the plat SECOND 7.16 ADDITION TO SUNSET VIEW, according to the plat on file and of 7.17 record in the office of the recorder for Big Stone county, 7.18 Minnesota, the southerly line of said strip is coincident with 7.19 the northerly lines of Lots 3 through 19, inclusive, of said 7.20 plat, the westerly boundary of said strip being the northerly 7.21 extension of the west line of Lot 19 of said plat. 7.22 Sec. 9. [DELETIONS FROM CUYUNA COUNTRY STATE RECREATION 7.23 AREA.] 7.24 [85.013] [Subd. 5c.] [CUYUNA COUNTRY STATE RECREATION AREA, 7.25 CROW WING COUNTY.] The following area is deleted from Cuyuna 7.26 Country state recreation area, Crow Wing county: Government 7.27 Lots 1 and 5 of Section 4, Township 46 North, Range 29 West. 7.28 Sec. 10. [ADDITIONS TO STATE RECREATION AREAS.] 7.29 Subdivision 1. [85.013] [Subd. 2c.] [BIG BOG STATE 7.30 RECREATION AREA, BELTRAMI COUNTY.] The following areas are added 7.31 to Big Bog state recreation area, all in Township 156 North, 7.32 Range 31 West, Beltrami county: 7.33 (1) the Southeast Quarter of Section 35; and 7.34 (2) the Northwest Quarter of the Southwest Quarter and the 7.35 Northeast Quarter of the Southeast Quarter of Section 36. 7.36 Subd. 2. [85.013] [Subd. 5c.] [CUYUNA COUNTRY STATE 8.1 RECREATION AREA, CROW WING COUNTY.] The following areas are 8.2 added to Cuyuna Country state recreation area, Crow Wing county, 8.3 all in Township 46 North, Range 29 West: 8.4 That part of the Northwest Quarter lying East of the 8.5 westerly right-of-way line of the Soo Line Railroad of Section 8.6 1; the North Half of the Southwest Quarter of the Southwest 8.7 Quarter and the Southeast Quarter of the Southwest Quarter of 8.8 Section 2; and the North Half of the Northeast Quarter of the 8.9 Northwest Quarter of Section 11. 8.10 Sec. 11. [ADDITIONS TO STATE FORESTS.] 8.11 Subdivision 1. [89.021] [Subd. 33.] [RICHARD J. DORER 8.12 MEMORIAL HARDWOOD STATE FOREST.] The following areas are added 8.13 to Richard J. Dorer Memorial Hardwood state forest: Sections 8.14 28, 29, 32, and 33, Township 103 North, Range 10 West. 8.15 Subd. 2. [89.021] [Subd. 39.] [PILLSBURY STATE 8.16 FOREST.] The following areas are added to Pillsbury state forest: 8.17 (1) Sections 1 to 36, inclusive, of Township 134 North, 8.18 Range 30 West; 8.19 (2) Section 36, Township 135 North, Range 30 West; and 8.20 (3) the East half, the North Half of the Northwest Quarter, 8.21 and the Southeast Quarter of the Northwest Quarter of Section 3 8.22 and the North Half of the Northeast Quarter of Section 10, all 8.23 in Township 133 North, Range 30 West. 8.24 Sec. 12. [PRIVATE SALE OF SURPLUS STATE LAND; BIG STONE 8.25 COUNTY.] 8.26 (a) Notwithstanding Minnesota Statutes, sections 94.09 and 8.27 94.10, the commissioner of natural resources may sell by private 8.28 sale to the township of Prior the surplus land that is described 8.29 in paragraph (c). 8.30 (b) The conveyance must be in a form approved by the 8.31 attorney general and may be for consideration less than the 8.32 appraised value of the land. The conveyance shall include a 8.33 restriction on the use of the land to allow only utility use and 8.34 prohibit all other permanent structures. 8.35 (c) The land to be sold is located in Big Stone county and 8.36 is described as: That part of Government Lot 1, Section 13, 9.1 Township 122 North, Range 47 West, Big Stone county, Minnesota, 9.2 being a strip of land 80 feet in width lying northerly of the 9.3 plat SECOND ADDITION TO SUNSET VIEW, according to the plat on 9.4 file and of record in the office of the recorder for Big Stone 9.5 county, Minnesota, the southerly line of said strip is 9.6 coincident with the northerly lines of Lots 3 through 19, 9.7 inclusive, of said plat, the westerly boundary of said strip 9.8 being the northerly extension of the west line of Lot 19 of said 9.9 plat. EXCEPTING therefrom the south 30 feet thereof. 9.10 (d) The commissioner has determined that the land is no 9.11 longer needed for any natural resource purpose and that the 9.12 state's land management interests would best be served if the 9.13 land was sold to the township of Prior to allow for upgrading 9.14 the septic systems and other utilities in the area. 9.15 Sec. 13. [PUBLIC SALE OF TAX-FORFEITED LAND BORDERING 9.16 PUBLIC WATER; DOUGLAS COUNTY.] 9.17 (a) Notwithstanding Minnesota Statutes, sections 92.45 and 9.18 282.018, subdivision 1, Douglas county may sell the 9.19 tax-forfeited land bordering public water that is described in 9.20 paragraph (c), under the remaining provisions of Minnesota 9.21 Statutes, chapter 282. 9.22 (b) The conveyance must be in a form approved by the 9.23 attorney general. 9.24 (c) The land to be sold is located in Douglas county and is 9.25 described as: 9.26 Lot 4, Block 1, Cedar Hills 1st Addition, Section 8, 9.27 Township 130, Range 37. 9.28 (d) The county has determined that the county's land 9.29 management interests would best be served if the lands were 9.30 returned to private ownership. 9.31 Sec. 14. [PUBLIC SALE OF TRUST FUND LAND BORDERING PUBLIC 9.32 WATER; ITASCA COUNTY.] 9.33 (a) Notwithstanding Minnesota Statutes, section 92.45, the 9.34 commissioner of natural resources may sell by public sale the 9.35 school trust fund land bordering public water that is described 9.36 in paragraph (c), under the remaining provisions in Minnesota 10.1 Statutes, chapter 92. 10.2 (b) The conveyance shall be in a form approved by the 10.3 attorney general for consideration no less than the appraised 10.4 value of the land. The attorney general may make necessary 10.5 changes to the legal description to correct errors and ensure 10.6 accuracy. 10.7 (c) The land that may be sold is located in Itasca county 10.8 and is described as follows: Lot 6, Block 1 of Little Island 10.9 Lake Leased homesites, located in Government Lot 9, Section 16, 10.10 Township 58 North, Range 25 West. 10.11 (d) The commissioner has determined that the land is no 10.12 longer needed for any natural resource purpose and that the 10.13 state's land management interests would best be served if the 10.14 land was sold. 10.15 Sec. 15. [PRIVATE OR PUBLIC SALE OF SURPLUS STATE LAND 10.16 BORDERING PUBLIC WATER; KANDIYOHI COUNTY.] 10.17 (a) Notwithstanding Minnesota Statutes, sections 92.45, 10.18 94.09, and 94.10, the commissioner of natural resources may sell 10.19 the surplus land and buildings bordering on public waters that 10.20 are described in paragraph (c) to the city of New London; or 10.21 notwithstanding Minnesota Statutes, sections 92.45, 94.09, and 10.22 94.10, the commissioner of natural resources may sell by public 10.23 sale the surplus land and buildings bordering on public waters 10.24 that are described in paragraph (c). 10.25 (b) The sale must be in a form approved by the attorney 10.26 general for consideration no less than the appraised value of 10.27 the land and buildings. The sale shall reserve to the state an 10.28 easement along the Crow river to ensure public access and access 10.29 for dam management and maintenance at the outlet of the mill 10.30 pond known as Mud lake. 10.31 (c) The land to be sold is located in Kandiyohi county and 10.32 is described as: 10.33 All of Lots 9, 10, 11, 12, and 13 and that part of Lot 14 10.34 otherwise described as the Mill Lot lying north and east of the 10.35 Crow river, all being in Block 8 within the city of New London, 10.36 Minnesota, excepting therefrom the following three parcels: 11.1 (1) commencing at a point on the west line of Lot 8, Block 11.2 8 in the village of New London, 16-2/3 feet North of the 11.3 southwest corner of said Lot 8; running thence easterly on a 11.4 line parallel to the south line of said Lot 8, 100 feet to the 11.5 west line of Main Street; thence southerly on west line of Main 11.6 Street to a point, 50 feet; thence westerly on a line parallel 11.7 to the south line of said Lot 8 to a point, 70 feet; thence 11.8 northwesterly to the PLACE OF BEGINNING; 11.9 (2) commencing at a point 16 feet West from the northwest 11.10 corner of Lot 1, Block 8 of the village of New London; thence 11.11 120 feet South parallel with the west line of Lots 1, 2, 3, 4, 11.12 5, and 6; thence West to the bank of the Crow river; thence 11.13 along said bank of the Crow river to a point intersecting with a 11.14 line drawn North and South from a point, 100 feet West of the 11.15 PLACE OF BEGINNING; thence North to the north line of Block 8; 11.16 thence East to the PLACE OF BEGINNING; and 11.17 (3) commencing at a point on the north line of Block 8, 220 11.18 feet West of the northeast corner of said Block 8; thence West 11.19 50 feet; thence South 30 feet; thence southeasterly to a point 11.20 which is 50 feet South of the PLACE OF BEGINNING; thence due 11.21 North 50 feet to the PLACE OF BEGINNING. 11.22 The above described tract contains 0.46 acres to be sold. 11.23 (d) The commissioner has determined that the land is no 11.24 longer needed for any natural resource purpose other than 11.25 easement access for dam maintenance and that the state's land 11.26 management interests would best be served if the land was sold 11.27 by public sale or sold to the city of New London. 11.28 Sec. 16. [PUBLIC SALE OF TAX-FORFEITED LAND BORDERING 11.29 PUBLIC WATER; MEEKER COUNTY.] 11.30 (a) Notwithstanding Minnesota Statutes, sections 92.45 and 11.31 282.018, subdivision 1, Meeker county may sell the tax-forfeited 11.32 land bordering public water that is described in paragraph (c), 11.33 under the remaining provisions of Minnesota Statutes, chapter 11.34 282. 11.35 (b) The conveyance must be in a form approved by the 11.36 attorney general. 12.1 (c) The land to be sold is located in Meeker county and is 12.2 described as: 12.3 Pt Southeast Quarter of Southeast Quarter (SE1/4 SE1/4) 12.4 beginning southeast corner Section 23, thence West 683.17 feet 12.5 to point of beginning, northwest 252.31 feet northwest 122 feet, 12.6 northeast 91 feet, southerly to south line Southeast Quarter of 12.7 Southeast Quarter (SE1/4 SE1/4), thence West 44 feet to point of 12.8 beginning. Section 23, Township 120, Range 31 (PID 12-0213001). 12.9 (d) The county has determined that the county's land 12.10 management interests would best be served if the lands were 12.11 returned to private ownership. 12.12 Sec. 17. [PRIVATE SALE OF SURPLUS STATE LAND; MORRISON 12.13 COUNTY.] 12.14 (a) Notwithstanding Minnesota Statutes, sections 94.09 and 12.15 94.10, the commissioner of natural resources may sell by private 12.16 sale the surplus land that is described in paragraph (c). 12.17 (b) The conveyance must be in a form approved by the 12.18 attorney general for consideration no less than the appraised 12.19 value of the land. The attorney general may make necessary 12.20 changes to the legal description to correct errors and ensure 12.21 accuracy. 12.22 (c) The land to be sold is located in Morrison county and 12.23 is described as: the South 33 feet of the Northwest Quarter of 12.24 the Southeast Quarter, the West 33 feet of Government Lot 2, and 12.25 the South 33 feet of the West 33 feet of the Northeast Quarter 12.26 of the Southeast Quarter, all in Section 11, Township 132 North, 12.27 Range 31 West. 12.28 (d) The commissioner has determined that the land is no 12.29 longer needed for any natural resource purpose and that the 12.30 state's land management interests would best be served if the 12.31 land was returned to private ownership. 12.32 Sec. 18. [PUBLIC SALE OF SCHOOL TRUST LAND BORDERING 12.33 PUBLIC WATER; ST. LOUIS COUNTY.] 12.34 (a) Notwithstanding Minnesota Statutes, section 92.45, the 12.35 commissioner of natural resources may sell by public sale the 12.36 school trust land bordering public water that is described in 13.1 paragraph (c). 13.2 (b) The conveyance must be in a form approved by the 13.3 attorney general for consideration no less than the appraised 13.4 value of the land. The conveyance must include an easement to 13.5 ensure public access and state management access to the 13.6 state-owned land on the north side of Blueberry lake. The 13.7 attorney general may make necessary changes in the legal 13.8 description to correct errors and ensure accuracy. 13.9 (c) The land to be sold is located in St. Louis county and 13.10 is approximately three acres adjacent to Blueberry lake in the 13.11 northeast corner of the Southwest Quarter of the Northeast 13.12 Quarter, Section 4, Township 61 North, Range 12 West. 13.13 (d) The commissioner has determined that the land is no 13.14 longer needed for any natural resource purpose and that the 13.15 state's land management interests would best be served if the 13.16 land was returned to private ownership. The adjoining private 13.17 owner has inadvertently built part of a home, a septic system, 13.18 and yard improvements on the land. 13.19 Sec. 19. [PRIVATE SALE OF TAX-FORFEITED LANDS BORDERING 13.20 PUBLIC WATERS; ST. LOUIS COUNTY.] 13.21 (a) Notwithstanding Minnesota Statutes, sections 92.45 and 13.22 282.018, subdivision 1, and the public sale provisions of 13.23 Minnesota Statutes, chapter 282, St. Louis county may sell by 13.24 private sale the tax-forfeited lands bordering public waters 13.25 that are described in paragraph (c), under the remaining 13.26 provisions of Minnesota Statutes, chapter 282. 13.27 (b) The conveyances must be in a form approved by the 13.28 attorney general. The attorney general may make necessary 13.29 changes to the legal descriptions to correct errors and ensure 13.30 accuracy. 13.31 (c) The lands to be sold are located in St. Louis county 13.32 and are described as: 13.33 (1) Government Lot 2, Section 26, Township 50 North, Range 13.34 17 West; 13.35 (2) Government Lot 2, Section 34, Township 50 North, Range 13.36 17 West; 14.1 (3) the West 60 feet of the East 360 feet of the North 800 14.2 feet of Government Lot 6, Section 32, Township 55 North, Range 14.3 12 West; and 14.4 (4) Plat of Long Lake Estates, 1st Addition, Lots 22 and 14.5 37, Section 26, Township 56 North, Range 16 West. 14.6 (d) The county has determined that the county's land 14.7 management interests would best be served if the lands were 14.8 returned to private ownership. 14.9 Sec. 20. [PUBLIC SALE OF TAX-FORFEITED LANDS BORDERING 14.10 PUBLIC WATERS; ST. LOUIS COUNTY.] 14.11 (a) Notwithstanding Minnesota Statutes, sections 92.45 and 14.12 282.018, subdivision 1, St. Louis county may sell the 14.13 tax-forfeited lands bordering public waters that are described 14.14 in paragraph (c), under the remaining provisions of Minnesota 14.15 Statutes, chapter 282. 14.16 (b) The conveyances must be in a form approved by the 14.17 attorney general. The attorney general may make necessary 14.18 changes to the legal descriptions to correct errors and ensure 14.19 accuracy. 14.20 (c) The lands to be sold are located in St. Louis county 14.21 and are described as: 14.22 (1) Blocks 4, 5, and 6, Plat of McComber, town of Eagles 14.23 Nest, Section 13, Township 62 North, Range 14 West, subject to 14.24 the following restrictions: 14.25 (i) if any culverts are installed at the stream, they must 14.26 be sized and installed to allow for fish migration; 14.27 (ii) an adequate buffer of vegetation must be preserved 14.28 along the stream to maintain in-channel habitat, control 14.29 erosion, and reduce transport of sediment at the stream channel, 14.30 reduce nutrient transport to the channel, and provide a corridor 14.31 for wildlife; and 14.32 (iii) any development on the parcels must be done to avoid 14.33 any concentration of store water runoff from flowing toward the 14.34 stream or lake; 14.35 (2) Government Lots 1 and 2, Section 6, Township 56 North, 14.36 Range 14 West; 15.1 (3) the Northeast Quarter of the Southeast Quarter and the 15.2 North Half of the Southeast Quarter of the Southeast Quarter, 15.3 Section 10, Township 57 North, Range 18 West; 15.4 (4) Lots 20, 21, 22, and 23, Plat of Twin Lakes, Section 15.5 32, Township 60 North, Range 19 West; 15.6 (5) the East Half of the Northeast Quarter and the East 15.7 Half of the Southeast Quarter, Section 12, Township 51 North, 15.8 Range 17 West; 15.9 (6) the East Half of the Northeast Quarter, Section 13, 15.10 Township 51 North, Range 17 West; 15.11 (7) Lot 9, Block 3, Kings Court Subdivision, Section 31, 15.12 Township 52 North, Range 13 West, except that part beginning at 15.13 the northwest corner; thence South 13 degrees 7 minutes 17 15.14 seconds East along the line common to Lots 8 and 9 200 feet; 15.15 thence North 7 degrees 52 minutes 43 seconds East 200 feet; 15.16 thence North 13 degrees 7 minutes 17 seconds West 205.58 feet to 15.17 the southerly line of Lady Nicole Lane and the northerly line of 15.18 Lot 9; thence South 63 degrees 3 minutes 24 seconds West along 15.19 said southerly line 31.16 feet to the point of curvature of a 15.20 tangential curve concave to the North with a radius of 340 feet 15.21 and a central angle of 28 degrees 54 minutes 39 seconds; thence 15.22 westerly along said curve and coinciding with said southerly 15.23 line 171.56 feet to the point of beginning; and 15.24 (8) that part of Lot 7, Johnson McKinnon Addition, town of 15.25 Canosia, lying East of a line beginning 40 feet West of the 15.26 northeast corner; thence South 164 11/100 feet; thence South 24 15.27 degrees 24 minutes East 277 feet, more or less, to the lakeshore. 15.28 (d) The county has determined that the county's land 15.29 management interests would best be served if the lands were 15.30 returned to private ownership. 15.31 Sec. 21. [PUBLIC SALE OF STATE WILDLIFE MANAGEMENT AREA 15.32 LAND BORDERING PUBLIC WATERS; SCOTT COUNTY.] 15.33 (a) Notwithstanding Minnesota Statutes, section 92.45, the 15.34 commissioner of natural resources may sell the wildlife 15.35 management area land bordering public waters described in 15.36 paragraph (e) by public sale according to Minnesota Statutes, 16.1 section 97A.135, subdivision 2a. 16.2 (b) The conveyance shall be in a form approved by the 16.3 attorney general for consideration of no less than the appraised 16.4 value of the land. 16.5 (c) The deed must contain a restrictive covenant that 16.6 prohibits altering, disturbing vegetation in, draining, filling, 16.7 or placing any material or structure of any kind on or in the 16.8 existing wetland area located on the land; prohibits any run-off 16.9 from other lands or buildings into said wetland; and prohibits 16.10 diverting or appropriating water from said wetland. 16.11 (d) The consideration received for the conveyance shall be 16.12 deposited in the state treasury and credited to the wildlife 16.13 acquisition account in the game and fish fund. The money is 16.14 appropriated to the commissioner of natural resources for 16.15 wildlife land acquisition purposes. 16.16 (e) The land that may be sold is in the Prior Lake wildlife 16.17 management area in Scott county and is described as: 16.18 The East 1200 feet of the South 800 feet of the Southwest 16.19 Quarter of the Southeast Quarter of Section 22, Township 16.20 115 North, Range 22 West. Including the abandoned 16.21 right-of-way of the Chicago, Milwaukee, St. Paul and 16.22 Pacific Railroad Company (formerly the Hastings and Dakota 16.23 Railway Company). Containing 22 acres, more or less. 16.24 (f) This land no longer fits into the state wildlife 16.25 management area system because of hunting limitations, its small 16.26 size, and future development planned for the area. Proceeds 16.27 from the sale will be used to purchase lands more suitable for 16.28 wildlife management and public use. 16.29 Sec. 22. [PRIVATE SALE OF SURPLUS STATE LAND; SHERBURNE 16.30 COUNTY.] 16.31 (a) Notwithstanding Minnesota Statutes, sections 94.09 and 16.32 94.10, the commissioner of natural resources may sell by private 16.33 sale the lands that are described in paragraph (c) to the 16.34 adjacent landowners upon completion of an internal land exchange 16.35 whereby the status of the lands described in paragraph (c) will 16.36 become acquired state forest status. 17.1 (b) The conveyances must be in a form approved by the 17.2 attorney general for consideration not less than the appraised 17.3 value of the lands. 17.4 (c) The lands to be conveyed are located in Sherburne 17.5 county and are described as: 17.6 (1) that part of the Southeast Quarter of the Southwest 17.7 Quarter of Section 36, Township 34 North, Range 27 West, 17.8 Sherburne county, Minnesota, described as follows: Beginning at 17.9 the northeast corner of said Southeast Quarter of the Southwest 17.10 Quarter; thence on a bearing, based on the 1983 Sherburne County 17.11 Coordinate System (1986 Adjustment), of South 02 degrees 42 17.12 minutes 52 seconds West 746.69 feet along the east line of said 17.13 Southeast Quarter of the Southwest Quarter to the center line of 17.14 a township road; thence North 71 degrees 56 minutes 43 seconds 17.15 West 61.36 feet along said center line; thence North 00 degrees 17.16 35 minutes 14 seconds West 727.25 feet to the north line of said 17.17 Southeast Quarter of the Southwest Quarter; thence South 89 17.18 degrees 47 minutes 12 seconds East 101.15 feet along said north 17.19 line to the point of beginning; containing 1.35 acres; 17.20 (2) that part of the Northeast Quarter of the Southwest 17.21 Quarter of Section 36, Township 34 North, Range 27 West, 17.22 Sherburne county, Minnesota, described as follows: Commencing 17.23 at the northeast corner of said Northeast Quarter of the 17.24 Southwest Quarter; thence on a bearing, based on the 1983 17.25 Sherburne County Coordinate System (1986 Adjustment), of South 17.26 02 degrees 42 minutes 52 seconds West 905.10 feet along the east 17.27 line of said Northeast Quarter of the Southwest Quarter to a 17.28 point on the south line of the North 904.20 feet of the 17.29 Northwest Quarter of the Southeast Quarter of said Section 36 17.30 and the point of beginning; thence North 89 degrees 50 minutes 17.31 32 seconds West 123.41 feet on the westerly extension of the 17.32 North 904.20 feet of said Northwest Quarter of the Southeast 17.33 Quarter; thence South 00 degrees 20 minutes 40 seconds East 17.34 416.58 feet to the south line of said Northeast Quarter of the 17.35 Southwest Quarter; thence South 89 degrees 47 minutes 12 seconds 17.36 East 101.15 feet along said south line to the southeast corner 18.1 of said Northeast Quarter of the Southwest Quarter; thence North 18.2 02 degrees 42 minutes 52 seconds East 417.08 feet along the east 18.3 line of said Northeast Quarter of the Southwest Quarter to the 18.4 point of beginning; containing 1.06 acres; 18.5 (3) that part of the Southeast Quarter of the Southwest 18.6 Quarter of Section 36, Township 34 North, Range 27 West, 18.7 Sherburne county, Minnesota, described as follows: Commencing 18.8 at the northeast corner of said Southeast Quarter of the 18.9 Southwest Quarter; thence on a bearing, based on the 1983 18.10 Sherburne County Coordinate System (1986 Adjustment), of South 18.11 02 degrees 42 minutes 52 seconds West 746.69 feet along the east 18.12 line of said Southeast Quarter of the Southwest Quarter to the 18.13 center line of a township road and the point of beginning; 18.14 thence North 71 degrees 56 minutes 43 seconds West 61.36 feet 18.15 along said center line; thence South 00 degrees 35 minutes 14 18.16 seconds East 593.77 feet to the south line of said Southeast 18.17 Quarter of the Southwest Quarter; thence South 89 degrees 43 18.18 minutes 53 seconds East 25.00 feet along said south line to the 18.19 southeast corner of said Southeast Quarter of the Southwest 18.20 Quarter; thence North 02 degrees 42 minutes 52 seconds East 18.21 575.49 feet along the east line of said Southeast Quarter of the 18.22 Southwest Quarter to the point of beginning; containing 0.59 18.23 acres; and 18.24 (4) that part of the Northeast Quarter of the Southwest 18.25 Quarter of Section 36, Township 34 North, Range 27 West, 18.26 Sherburne county, Minnesota, described as follows: Beginning at 18.27 the northeast corner of said Northeast Quarter of the Southwest 18.28 Quarter; thence on a bearing, based on the 1983 Sherburne County 18.29 Coordinate System (1986 Adjustment), of South 02 degrees 42 18.30 minutes 52 seconds West 905.10 feet along the east line of said 18.31 Northeast Quarter of the Southwest Quarter to a point on the 18.32 south line of the North 904.20 feet of the Northwest Quarter of 18.33 the Southeast Quarter of said Section 36; thence North 89 18.34 degrees 50 minutes 32 seconds West 123.41 feet on the westerly 18.35 extension of the North 904.20 feet of said Northwest Quarter of 18.36 the Southeast Quarter; thence North 00 degrees 20 minutes 40 19.1 seconds West 904.24 feet to the north line of said Northeast 19.2 Quarter of the Southwest Quarter; thence South 89 degrees 50 19.3 minutes 32 seconds East 171.71 feet along said north line to the 19.4 point of beginning; containing 3.06 acres. 19.5 (d) The lands described in paragraph (c) are part of an 19.6 internal pending land exchange. After approval of the exchange 19.7 by the state land exchange board, the trust fund status of the 19.8 lands described in paragraph (c) will become acquired state 19.9 forest status. The lands described in paragraph (c) are then 19.10 withdrawn from the Sand Dunes state forest and will be certified 19.11 as surplus by the commissioner. The commissioner of natural 19.12 resources has determined, due to recent survey information, that 19.13 the lands described in paragraph (c) are not suitable for public 19.14 land management; that the state's land management interests 19.15 would best be served by conveyance of the land to the adjacent 19.16 land owners; and that the conveyance will resolve a 19.17 long-standing unintentional trespass. 19.18 Sec. 23. [PRIVATE SALE OF SURPLUS STATE LAND; WINONA 19.19 COUNTY.] 19.20 (a) Notwithstanding Minnesota Statutes, sections 94.09 and 19.21 94.10, the commissioner of natural resources may sell by private 19.22 sale the surplus land that is described in paragraph (c). 19.23 (b) The conveyance must be in a form approved by the 19.24 attorney general for consideration no less than the appraised 19.25 value of the land. 19.26 (c) The land to be sold is located in Winona county and is 19.27 described as: 19.28 That part of the Southeast Quarter of the Southwest Quarter 19.29 of Section 26, Township 105 North, Range 9 West, Winona county, 19.30 Minnesota, described as follows: 19.31 Beginning at the northwest corner of said Southeast Quarter 19.32 of the Southwest Quarter; thence on a bearing, based on the 19.33 Winona County Coordinate System of 1983 (1986 Adjustment), of 19.34 South 00 degrees 17 minutes 40 seconds West along the west line 19.35 of said Southeast Quarter of the Southwest Quarter 388.05 feet; 19.36 thence North 85 degrees 20 minutes 05 seconds East 87.79 feet; 20.1 thence North 02 degrees 44 minutes 27 seconds West 353.94 feet; 20.2 thence North 86 degrees 36 minutes 30 seconds East 423.51 feet 20.3 to the north line of said Southeast Quarter of the Southwest 20.4 Quarter; thence North 89 degrees 43 minutes 52 seconds West 20.5 along the north line of said Southeast Quarter of the Southwest 20.6 Quarter 491.34 feet to the point of beginning; containing 0.82 20.7 acres. 20.8 (d) The commissioner has determined that the land is no 20.9 longer needed for any natural resource purpose and that the 20.10 state's land management interests would best be served if the 20.11 land was returned to private ownership. 20.12 Sec. 24. [RULE AMENDMENT.] 20.13 (a) The commissioner of natural resources shall amend 20.14 Minnesota Rules, part 6105.1680, subpart 7, item A, so that the 20.15 land use district in Section 18, Township 112 North, Range 18 20.16 West, is described as the North Quarter of the Northeast 20.17 Quarter, 40 acres; the West Half of the Southwest Quarter of the 20.18 Northwest Quarter of the Northeast Quarter, 5 acres; the 20.19 Northeast Quarter of the Northwest Quarter, 40 acres; and the 20.20 Northwest Quarter of the Northwest Quarter, 33.98 acres. 20.21 (b) The commissioner may use the good cause exemption 20.22 procedure provided under Minnesota Statutes, section 14.388, 20.23 clause (3), in adopting rules under this section.