SF 2440

as introduced - 89th Legislature (2015 - 2016) Posted on 03/11/2016 08:46am

A bill for an act
relating to state lands; establishing no-net-gain policy for state acquisition of
certain real property; proposing coding for new law in Minnesota Statutes,
chapter 16B.

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

Section 1.

new text begin [16B.2971] NO NET GAIN IN REAL PROPERTY ACQUISITION.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For purposes of this section, "agency" means an agency
as defined in section 16B.01, subdivision 2, and the Board of Trustees of the Minnesota
State Colleges and Universities.
new text end

new text begin Subd. 2. new text end

new text begin No net gain; county approval. new text end

new text begin (a) A county board may by resolution
adopt a no-net-gain policy for state-owned land within the county. Upon adoption, the
county board must submit the resolution to the commissioner of natural resources for
inclusion in the compilation required under paragraph (b).
new text end

new text begin (b) The commissioner of natural resources must compile and maintain a list of
counties that submit no-net-gain resolutions according to paragraph (a). The commissioner
must publish the list of counties on the Department of Natural Resources Web site.
new text end

new text begin (c) Notwithstanding any other provision of law, an agency must not enter an
agreement to acquire real property or an interest in real property in a county listed
according to paragraph (b) unless the county board approves the acquisition.
new text end

new text begin (d) As a condition of approval for an acquisition of real property in fee, the
county board may require that an equal amount of state-owned land administered by
the commissioner of natural resources in the county be offered for sale in fee by public
auction according to chapter 94.
new text end

new text begin (e) If the land sought to be acquired by the agency is owned by the county, the
county may, as a condition of approval, require an acre-for-acre exchange of public land
of equal value and require that the land conveyed to the county in exchange be sold before
title vests in the state for property conveyed to the agency in exchange. Sections 94.341
to 94.347 apply to the exchange.
new text end