SF 1857

as introduced - 87th Legislature (2011 - 2012) Posted on 03/20/2012 02:31pm

A bill for an act
relating to state lands; providing for expedited exchange, condemnation, and
private sale of certain state land in Boundary Waters Canoe Area Wilderness;
appropriating money; proposing coding for new law in Minnesota Statutes,
chapter 92.

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

Section 1.

new text begin [92.80] EXPEDITED EXCHANGE OF LAND WITHIN BOUNDARY
WATERS CANOE AREA WILDERNESS FOR FEDERALLY OWNED LANDS.
new text end

new text begin Subdivision 1. new text end

new text begin Purpose and scope. new text end

new text begin (a) The purpose of this section is to expedite
the exchange of a portion of the state-owned lands located within the Boundary Waters
Canoe Area Wilderness. The state owns 116,559 acres of land within the wilderness area,
86,295 acres of which are school trust land.
new text end

new text begin (b) Exchange of school trust lands within the Boundary Waters Canoe Area
Wilderness for federally owned lands located outside the wilderness area will preserve the
spectacular wild areas while producing economic benefits for Minnesota's public schools.
new text end

new text begin (c) For land exchanges under this section, sections 94.342 to 94.347 apply only to
the extent specified in this section.
new text end

new text begin Subd. 2. new text end

new text begin Classes of land; definitions. new text end

new text begin The classes of state land that may be involved
in an expedited exchange under this section are:
new text end

new text begin (1) school trust land as defined in section 92.025;
new text end

new text begin (2) university land granted to the state by acts of Congress;
new text end

new text begin (3) all other lands acquired by the state in any manner and under the control of
the commissioner of natural resources; and
new text end

new text begin (4) all lands acquired by the state through tax forfeiture, held subject to a trust in
favor of the taxing districts, and under the control of county authorities for classification,
appraisal, and sale.
new text end

new text begin Subd. 3. new text end

new text begin Valuation of land. new text end

new text begin (a) In an exchange of school trust land, university land,
or other land under the control of the commissioner of natural resources for land owned
by the United States, the examination and value determination of the land shall be done
in a manner as agreed to between the commissioner and the authorized representative of
the United States.
new text end

new text begin (b) In an exchange of tax-forfeited land for land owned by the United States, the
examination and value determination shall be done in a manner as agreed to between the
county board and the authorized representative of the United States.
new text end

new text begin (c) All lands exchanged under this section shall be exchanged only for lands of
at least substantially equal value. For the purposes of this subdivision, "substantially
equal value" has the meaning given under section 94.343, subdivision 3, paragraph (b).
No payment is due either party if the lands are of substantially equal value but are not
of the same value.
new text end

new text begin Subd. 4. new text end

new text begin Title. new text end

new text begin Title to the land must be examined to the extent necessary for the
parties to determine that the title is good, with any encumbrances identified. The parties to
the exchange may use title insurance to aid in the determination.
new text end

new text begin Subd. 5. new text end

new text begin Approval by Land Exchange Board. new text end

new text begin In accordance with the Minnesota
Constitution, article XI, section 10, all expedited land exchanges under this section require
the unanimous approval of the Land Exchange Board.
new text end

new text begin Subd. 6. new text end

new text begin Conveyance. new text end

new text begin (a) Conveyance of school trust land, university land, or other
land under the control of the commissioner of natural resources shall be made by deed
executed by the commissioner in the name of the state. Conveyance of tax-forfeited land
shall be by a deed executed by the commissioner of revenue in the name of the state.
new text end

new text begin (b) School trust land, university land, and other land under the control of the
commissioner of natural resources and given in exchange is subject to reservations under
section 94.343, subdivision 4, and the Minnesota Constitution, article XI, section 10.
Tax-forfeited land given in exchange is subject to reservations under section 94.344,
subdivision 4, and the Minnesota Constitution, article XI, section 10.
new text end

new text begin (c) All deeds shall be recorded or registered in the county in which the lands lie.
new text end

new text begin Subd. 7. new text end

new text begin Land status. new text end

new text begin Land received in exchange for school trust land, university
land, or other land under the control of the commissioner of natural resources is subject to
the same trust, if any, and otherwise has the same status as the land given in exchange.
Land received in exchange for tax-forfeited land is subject to a trust in favor of the
governmental subdivision in which it lies and all laws relating to tax-forfeited land.
new text end

Sec. 2.

new text begin [92.81] CONDEMNATION OF SCHOOL TRUST LAND.
new text end

new text begin Subdivision 1. new text end

new text begin Purpose and scope. new text end

new text begin (a) The purpose of this section is to facilitate
conveyance of a portion of the school trust lands located within the Boundary Waters
Canoe Area Wilderness to the United States. The state owns 86,295 acres of school trust
land within the wilderness area.
new text end

new text begin (b) Conveyance of school trust lands within the Boundary Waters Canoe Area
Wilderness to the United States will preserve the spectacular wild areas while producing
economic benefits for Minnesota's public schools.
new text end

new text begin (c) As the Minnesota Constitution, article XI, section 8, limits the sale of school trust
lands to a public sale, it is necessary to first extinguish the school trust interest through
condemnation prior to a private sale of the lands to the United States.
new text end

new text begin (d) For purposes of this section, "school trust land" has the meaning given under
section 92.025.
new text end

new text begin Subd. 2. new text end

new text begin Identification of school trust lands. new text end

new text begin The commissioner of natural
resources shall identify which of the school trust lands located within the Boundary
Waters Canoe Area Wilderness shall be conveyed to the United States through sale rather
than land exchange.
new text end

new text begin Subd. 3. new text end

new text begin Commencement of condemnation proceedings. new text end

new text begin When the commissioner
of natural resources has reached agreement with the United States on the sale of
state-owned land within the wilderness area, the commissioner shall proceed to extinguish
the school trust interest by condemnation action. When requested by the commissioner,
the attorney general shall commence condemnation of the identified school trust lands.
new text end

new text begin Subd. 4. new text end

new text begin Valuation. new text end

new text begin Notwithstanding section 117.036, an appraisal of the land is
not required, and the examination and value determination of the school trust land shall
be done in a manner as agreed to between the commissioner of natural resources and the
authorized representative of the United States.
new text end

new text begin Subd. 5. new text end

new text begin Payment. new text end

new text begin (a) Notwithstanding section 117.195, the final payment of all
awards or judgments is not due until the United States has tendered payment for the sale
of the lands according to section 92.82. Notwithstanding section 117.195, the payment of
the award is not subject to interest from the date of filing of the commissioner's report.
new text end

new text begin (b) That portion of the payment of the award and judgment that is for the value of the
land shall be deposited into the permanent school fund. The remainder of the award and
judgment payment shall first be remitted for reimbursement to the accounts from which
expenses were paid, with any remainder deposited into the permanent school fund.
new text end

Sec. 3.

new text begin [92.82] PRIVATE SALE OF SURPLUS STATE LAND WITHIN
BOUNDARY WATERS CANOE AREA WILDERNESS; COOK, LAKE, AND ST.
LOUIS COUNTIES.
new text end

new text begin (a) Notwithstanding sections 92.06, 92.13, 92.14, 92.45, 94.09, and 94.10, the
commissioner of natural resources may sell to the United States by private sale the surplus
land, including the land bordering public water, that is described in paragraph (d).
new text end

new text begin (b) The conveyance must be in a form approved by the attorney general. The
attorney general may make necessary changes to the legal description to correct errors
and ensure accuracy.
new text end

new text begin (c) Notwithstanding sections 92.115, 92.12, and 94.10, an appraisal of the lands is
not required, and the value of the lands shall be determined in the same manner as the
exchange with the United States of other state-owned lands within the Boundary Waters
Canoe Area Wilderness.
new text end

new text begin (d) The land that may be sold is state-owned land under the control of the
commissioner of natural resources and located within the boundary of the Boundary
Waters Canoe Area Wilderness in Cook, Lake, and St. Louis Counties. The state-owned
lands may include the state land for which the school trust interest was extinguished
through condemnation under section 92.81, university lands granted to the state by acts of
Congress, and all other lands acquired by the state in any manner and under the control
of the commissioner of natural resources.
new text end

new text begin (e) Conveyance of state lands within the Boundary Waters Canoe Area Wilderness
to the United States will preserve the spectacular wild areas while producing economic
benefits for the state.
new text end

new text begin (f) Payment for state lands for which the school trust interest was extinguished
through condemnation shall be used to pay the award under the condemnation action.
new text end

Sec. 4. new text begin APPROPRIATION.
new text end

new text begin $....... is appropriated from the general fund in fiscal year 2013 to the commissioner
of natural resources for purposes of paying expenses for the exchange, condemnation,
and sale of state-owned land under the control of the commissioner of natural resources
and located within the Boundary Waters Canoe Area Wilderness, according to Minnesota
Statutes, sections 92.80 to 92.82. Notwithstanding Minnesota Statutes, section 16A.28,
the appropriation does not cancel to the general fund until completion of the exchange and
sale of all state-owned lands under control of the commissioner of natural resources to the
United States, or June 30, 2015, whichever occurs first.
new text end