HF 3416

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to natural resources; placing conditions on 
  1.3             acquisition of real property paid for from certain 
  1.4             environmental funds; proposing coding for new law in 
  1.5             Minnesota Statutes, chapter 116P. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [116P.095] [ACQUISITION OF REAL PROPERTY.] 
  1.8      (a) A recipient of funding from the commission who acquires 
  1.9   an interest in real property with an appropriation from the 
  1.10  trust fund or the Minnesota future resources fund must comply 
  1.11  with this section.  For the purposes of this section, interest 
  1.12  in real property includes, but is not limited to, an easement or 
  1.13  fee title to the property. 
  1.14     (b) All restrictions relating to the use of the interest in 
  1.15  real property, as specified by the appropriation from the trust 
  1.16  fund or the Minnesota future resources fund, including whether 
  1.17  the interest is designated for public use, must be recorded and 
  1.18  indexed in the office of the county recorder or the registrar of 
  1.19  titles for the county where the land lies so as to affect its 
  1.20  title. 
  1.21     (c) Notwithstanding section 500.20, if the use of the 
  1.22  interest in real property is not consistent with the recorded 
  1.23  restrictions, the ownership of the interest shall vest in the 
  1.24  state.  Proceeds from a sale of any interest in real property 
  1.25  that vests in the state under this paragraph must be credited to 
  2.1   the trust fund or the Minnesota future resources fund in the 
  2.2   amount of the original cost of the interest that was paid from 
  2.3   the appropriation. 
  2.4      (d) If a recipient acquiring an interest in real property 
  2.5   under this section breaches the restrictions of record, the 
  2.6   commissioner of natural resources must request the recipient to 
  2.7   make a good faith attempt to pay all real estate taxes, costs, 
  2.8   interests, penalties, and assessments on the property prior to 
  2.9   title vesting in the state.  If the commissioner determines that 
  2.10  the recipient is unwilling or unable to pay the debt, the 
  2.11  commissioner may pay the debt and seek redress against the 
  2.12  recipient.