SF 2760

as introduced - 89th Legislature (2015 - 2016) Posted on 04/11/2016 04:45pm

A bill for an act
relating to state lands; providing for valuation of bond-financed property;
designating state waysides and forests; adding to and deleting from state forests
and parks; authorizing sales and exchange of certain state lands; amending
Minnesota Statutes 2014, sections 85.013, by adding a subdivision; 89.021,
by adding a subdivision; proposing coding for new law in Minnesota Statutes,
chapter 94.

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

Section 1.

Minnesota Statutes 2014, section 85.013, is amended by adding a
subdivision to read:

new text begin Subd. 21c. new text end

new text begin Saint Croix Boom Site Wayside, Washington County.
new text end

Sec. 2.

Minnesota Statutes 2014, section 89.021, is amended by adding a subdivision
to read:

new text begin Subd. 11a. new text end

new text begin Centennial State Forest.
new text end

Sec. 3.

new text begin [94.101] VALUATION OF BOND-FINANCED PROPERTY.
new text end

new text begin Notwithstanding the valuation provisions of sections 16A.695, subdivision 3,
and 94.10, subdivision 1, paragraph (a), for the sale of state bond-financed property
administered by the commissioner of natural resources, the commissioner may determine
the value of such property based on the data specified in section 84.0272, subdivision 3,
provided that the value of the property is $50,000 or less.
new text end

Sec. 4. new text begin SAINT CROIX BOOM SITE WAYSIDE.
new text end

new text begin The following area is designated as the Saint Croix Boom Site Wayside: that part
of Government Lots 2 and 3, Section 15, Township 30 North, Range 20 West, excepting
therefrom the westerly 75 feet of Governmental Lot 3, which lies southeasterly of Line
1 described below:
new text end

new text begin Line 1: Commencing at Government Meander Corner No. 5 on the east line of said
Section 15; thence northerly on an azimuth of 01 degree 01 minute 36 seconds along said
east line for 50.80 feet to the point of beginning of Line 1 to be described; thence on an
azimuth of 222 degrees 13 minutes 44 seconds for 466.01 feet; thence southwesterly for
642.53 feet on a nontangential curve, concave to the northwest, having a radius of 3,769.72
feet, a delta angle of 09 degrees 45 minutes 57 seconds and a chord azimuth of 226 degrees
59 minutes 07 seconds; thence on an azimuth of 231 degrees 44 minutes 30 seconds for
389.72 feet; thence deflect to the left on a tangential curve, having a radius of 904.93 feet
and a delta angle of 16 degrees 44 minutes 05 seconds, for 264.31 feet; thence on an azimuth
of 215 degrees 00 minutes 25 seconds for 657.38 feet; thence on an azimuth of 305 degrees
00 minutes 25 seconds for 10.00 feet; thence on an azimuth of 215 degrees 00 minutes 25
seconds for 175.86 feet; thence deflect to the right on a tangential curve, having a radius of
612.96 feet and a delta angle of 17 degrees 24 minutes 49 seconds for 186.29 feet; thence
on an azimuth of 142 degrees 25 minutes 14 seconds for 10.00 feet; thence westerly for
602.56 feet on a nontangential curve, concave to the north, having a radius of 622.96 feet,
a delta angle of 55 degrees 25 minutes 11 seconds and a chord azimuth of 260 degrees 07
minutes 50 seconds; thence on an azimuth of 287 degrees 50 minutes 26 seconds for 15.80
feet; thence on an azimuth of 197 degrees 50 minutes 26 seconds for 90.00 feet; thence on
an azimuth of 287 degrees 50 minutes 26 seconds for 180.02 feet and there terminating.
new text end

new text begin No access is permitted to Trunk Highway 95 from the lands described above, except
that access is permitted between:
new text end

new text begin (1) points distant 502.82 feet and 562.82 feet easterly of the point of termination of
Line 1 described above;
new text end

new text begin (2) points distant 892.54 feet and 952.54 feet southwesterly of the point of beginning
of Line 1 described above;
new text end

new text begin (3) points distant 1,314.26 feet and 1,374.26 feet southwesterly of the point of
beginning of Line 1 described above; and
new text end

new text begin (4) points distant 1,759.57 and 1,819.57 feet southwesterly of the point of beginning
of Line 1 described above.
new text end

Sec. 5. new text begin CENTENNIAL STATE FOREST.
new text end

new text begin The following areas are designated as the Centennial State Forest:
new text end

new text begin (1) the Northwest Quarter of the Northwest Quarter, Section 4, Township 139 North,
Range 27 West;
new text end

new text begin (2) the North Half of the Northeast Quarter, the Southeast Quarter of the Northwest
Quarter, and the Northeast Quarter of the Southwest Quarter, Section 5, Township 139
North, Range 27 West;
new text end

new text begin (3) the Southwest Quarter of the Northeast Quarter and the Southeast Quarter,
Section 19, Township 140 North, Range 27 West;
new text end

new text begin (4) the Northwest Quarter of the Northeast Quarter, the South Half of the Northeast
Quarter, the Southeast Quarter of the Northwest Quarter, the East Half of the Southwest
Quarter, and the Southeast Quarter, Section 20, Township 140 North, Range 27 West;
new text end

new text begin (5) the North Half of the Southwest Quarter and the Northwest Quarter of the
Southeast Quarter, Section 27, Township 140 North, Range 27 West;
new text end

new text begin (6) the South Half of the Northeast Quarter, the Northwest Quarter, the Northeast
Quarter of the Southwest Quarter, and the North Half of the Southeast Quarter, Section
28, Township 140 North, Range 27 West;
new text end

new text begin (7) Section 29, Township 140 North, Range 27 West;
new text end

new text begin (8) the Northeast Quarter, the Northeast Quarter of the Northwest Quarter, the North
Half of the Southeast Quarter, and the Southeast Quarter of the Southeast Quarter, Section
30, Township 140 North, Range 27 West;
new text end

new text begin (9) the North Half of the Northeast Quarter, Section 31, Township 140 North, Range
27 West;
new text end

new text begin (10) the Northeast Quarter, the North Half of the Southeast Quarter, and the Southeast
Quarter of the Southeast Quarter, Section 32, Township 140 North, Range 27 West;
new text end

new text begin (11) the Southwest Quarter, Section 33, Township 140 North, Range 27 West; and
new text end

new text begin (12) Section 36, Township 140 North, Range 28 West.
new text end

Sec. 6. new text begin DELETION FROM STATE PARK.
new text end

new text begin [85.012] [Subd. 42.] Mille Lacs Kathio State Park, Mille Lacs County.
new text end

new text begin The following area is deleted from Mille Lacs Kathio State Park: the North 165 feet
of that part of Government Lot 3 lying East of Utopia Road (formally State Highway 169),
except the East 75 feet of the West 393.75 feet thereof, Section 33, Township 43 North,
Range 27 West, containing 1.22 acres, more or less.
new text end

Sec. 7. new text begin ADDITIONS TO STATE FORESTS.
new text end

new text begin Subdivision 1. new text end

new text begin [89.021] [Subd. 4.] Bear Island State Forest. new text end

new text begin The following area is
added to the Bear Island State Forest: all of Township 62 North, Range 12 West.
new text end

new text begin Subd. 2. new text end

new text begin [89.021] [Subd. 13.] Cloquet Valley State Forest. new text end

new text begin The following areas
are added to the Cloquet Valley State Forest:
new text end

new text begin (1) Sections 17 to 20 and 29 to 32, Township 54 North, Range 16 West;
new text end

new text begin (2) Sections 2 to 11, 15 to 23, and 26 to 35, Township 53 North, Range 17 West;
new text end

new text begin (3) Sections 13 to 35, Township 54 North, Range 17 West;
new text end

new text begin (4) Section 36, Township 53 North, Range 18 West; and
new text end

new text begin (5) Section 36, Township 54 North, Range 18 West.
new text end

new text begin Subd. 3. new text end

new text begin [89.021] [Subd. 27.] Kabetogama State Forest. new text end

new text begin The following areas
are added to the Kabetogama State Forest:
new text end

new text begin (1) Sections 2 and 3, Township 62 North, Range 19 West; and
new text end

new text begin (2) Sections 6 and 7, Township 63 North, Range 21 West.
new text end

new text begin Subd. 4. new text end

new text begin [89.021] [Subd. 50.] Sturgeon River State Forest. new text end

new text begin The following area is
added to the Sturgeon River State Forest: all of Township 60 North, Range 20 West.
new text end

new text begin Subd. 5. new text end

new text begin [89.021] [Subd. 55.] Whiteface River State Forest. new text end

new text begin The following area is
added to the Whiteface River State Forest: the Southeast Quarter of the Southeast Quarter,
Section 11, Township 56 North, Range 19 West.
new text end

Sec. 8. new text begin PRIVATE SALE OF SURPLUS STATE LAND; CASS COUNTY.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, the commissioner
of natural resources may sell by private sale the surplus land that is described in paragraph
(c). Before proceeding with the sale, the commissioner must acquire easement or fee
interests for the alternative Tower Hill alignment of the Heartland State Trail.
new text end

new text begin (b) The commissioner may sell the land to a local homeowners association at the
value offered in 1988, as adjusted for inflation by the implicit price deflator for government
consumption expenditures and gross investment for state and local governments prepared
by the Bureau of Economic Analysis of the United States Department of Commerce,
plus sale costs. The commissioner may make changes to the land description to correct
errors and ensure accuracy.
new text end

new text begin (c) The lands to be sold are located in Cass County and are described as:
new text end

new text begin (1) that part of the former Burlington Northern Railroad located in Government Lot
5, Section 9, Township 143 North, Range 31 West of the Fifth Principal Meridian, Cass
County, Minnesota, which lies northerly of the south line of said Government Lot 5 and
southerly of the centerline of Cove Drive Northwest as it existed in 2013;
new text end

new text begin (2) a strip of land 100.00 feet in width extending over and across Government Lots 1,
2, 3, 4, and 5 and the Southwest Quarter of the Southwest Quarter, Section 16, Township
143 North, Range 31 West of the Fifth Principal Meridian, Cass County, Minnesota,
said strip of land being 50.00 feet on each side of the centerline of the main track (now
removed) of the former Burlington Northern Railroad as originally located and established;
new text end

new text begin (3) that part of Government Lot 1, Section 21, Township 143 North, Range 31 West
of the Fifth Principal Meridian, Cass County, Minnesota, which lies within the former
Burlington Northern Railroad right-of-way;
new text end

new text begin (4) a strip of land 100.00 feet in width that lies across Government Lot 1, Section
20, Township 143 North, Range 31 West of the Fifth Principal Meridian, Cass County,
Minnesota, said strip of land being 50.00 feet in width on each side of the centerline of the
main track (now removed) of the former Burlington Northern Railroad, and which lies
northeasterly of the following described line:
new text end

new text begin Commencing at the northeast corner of said Government Lot 1; thence North 89
degrees 14 minutes 06 seconds West, assumed bearing along the north line thereof 924.84
feet to the easterly right-of-way line of the Heartland Trail; thence southwesterly 350.93
feet along said right-of-way line, along a nontangential curve concave to the southeast
having a radius of 5,529.58 feet, a central angle of 3 degrees 38 minutes 10 seconds
and chord bears South 32 degrees 20 minutes 19 seconds West for a chord distance of
350.87 feet; thence South 89 degrees 14 minutes 06 seconds East not tangent to said curve
608.55 feet to the northwesterly right-of-way of the former Burlington Northern Railroad;
thence southwesterly 131.12 feet along last said right-of-way, along a nontangential curve
concave to the southeast, having a radius of 3,869.83 feet, a central angle of 1 degree 56
minutes 29 seconds and a chord bearing of South 53 degrees 10 minutes 19 seconds
West for a chord distance of 131.11 feet and to the point of beginning of the line to be
described; thence South 50 degrees 47 minutes 19 seconds East, a distance of 102.74 feet
to the intersection of the southeasterly right-of-way of said former Burlington Northern
Railroad and there terminating; and
new text end

new text begin (5) that part of Government Lot 1, Section 20, Township 143 North, Range 31 West,
Cass County, Minnesota, described as follows:
new text end

new text begin Commencing at the northeast corner of said Government Lot 1; thence North 89
degrees 14 minutes 06 seconds West assumed bearing along the north line thereof 924.84
feet to the easterly right-of-way of the Heartland Trail; thence southwesterly 350.93 feet
along said right-of-way line, along a nontangential curve concave to the southeast having
a radius of 5,529.58 feet, a central angle of 3 degrees 38 minutes 10 seconds and the chord
bears South 32 degrees 20 minutes 19 seconds West for a chord distance of 350.87 feet
to the point of beginning of the tract to be herein described; thence South 89 degrees
14 minutes 06 seconds East not tangent to said curve 608.55 feet to the northwesterly
right-of-way of the former Burlington Northern Railroad; thence southwesterly 131.12
feet along last said right-of-way, along a nontangential curve concave to the southeast,
having a radius of 3,869.83 feet, a central angle of 1 degree 56 minutes 29 seconds and a
chord bearing of South 53 degrees 10 minutes 19 seconds West for a chord distance of
131.11 feet; thence North 89 degrees 14 minutes 06 seconds West not tangent to last said
curve 549.52 feet to said right-of-way of Heartland Trail; thence northeasterly 91.72
feet along last said right-of-way along a nontangential curve concave to the southeast,
having a radius of 5,529.58 feet, a central angle of 0 degrees 57 minutes 01 second and
the chord bears North 30 degrees 02 minutes 43 seconds East for a chord distance of
91.72 feet to the point of beginning.
new text end

new text begin (d) The Department of Natural Resources has determined that the Steamboat Loop
of the Heartland State Trail is not needed for natural resource purposes after control of the
alternative Tower Hill alignment and that the state's land management interests would best
be served if the lands were then conveyed to a local homeowners association.
new text end

Sec. 9. new text begin PUBLIC OR PRIVATE SALE OF SURPLUS STATE LAND BORDERING
PUBLIC WATER; CLEARWATER COUNTY.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45, 94.09, and 94.10, the
commissioner of natural resources may sell by public or private sale the surplus land
bordering public water that is described in paragraph (c).
new text end

new text begin (b) The commissioner may sell the portion of the land that consists of a road
right-of-way to a local unit of government for less than the value of the land as determined
by the commissioner, but the conveyance must provide that the portion of the land
described in paragraph (c) that is a road right-of-way be used for the public and reverts
to the state if the local unit of government fails to provide for public use or abandons
the public use of the land. The commissioner may make necessary changes to the legal
description to correct errors and ensure accuracy.
new text end

new text begin (c) The land that may be sold is located in Clearwater County and is described
as: that part of Government Lot 2, Section 27, Township 149 North, Range 38 West,
described as follows:
new text end

new text begin Commencing at a point on the east shore of Pine Lake where the same intersects
the road running east and west; thence, easterly along the south shoulder of said road for
about 465 feet to the center of State-Aid Road No. 7; thence north along said State-Aid
Road No. 7, for a distance of 100 feet; thence westerly for about 465 feet to the shore
of Pine Lake; thence, southerly along the shore of said lake for 100 feet to the point of
beginning, and being a part of Lot 22 of Spruce Grove Park plat.
new text end

new text begin Containing 1.19 acres, more or less, and subject to 33-feet-wide platted road
dedicated to public use.
new text end

new text begin (d) The land borders Pine Lake. The Department of Natural Resources has
determined that the land is not needed for natural resource purposes and that the state's
land management interests would best be served if the land was returned to private or
public ownership.
new text end

Sec. 10. new text begin PRIVATE SALE OF CONSOLIDATED CONSERVATION LAND;
LAKE OF THE WOODS COUNTY.
new text end

new text begin (a) Notwithstanding the classification and public sale provisions of Minnesota
Statutes, sections 84A.27 and 282.14 to 282.22, the commissioner of natural resources may
sell by private sale the consolidated conservation land that is described in paragraph (c).
new text end

new text begin (b) The commissioner may make necessary changes to the legal description to
correct errors and ensure accuracy.
new text end

new text begin (c) The land that may be sold is located in Lake of the Woods County and is
described as: the South Half of the Southeast Quarter, Section 14, Township 160 North,
Range 31 West, containing 80 acres, more or less.
new text end

new text begin (d) The Department of Natural Resources has determined that the land is not needed
for natural resource purposes and that the state's land management interests would best be
served if the land were returned to local government or private ownership.
new text end

Sec. 11. new text begin PRIVATE SALE OF SURPLUS STATE LAND BORDERING PUBLIC
WATER; LAKE OF THE WOODS COUNTY.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45, 94.09, and 94.10, the
commissioner of natural resources may sell by private sale the surplus land bordering
public water that is described in paragraph (c).
new text end

new text begin (b) The commissioner may sell the land to a local unit of government for less than
the value of the land as determined by the commissioner, but the conveyance must provide
that the land described in paragraph (c) be used for the public and reverts to the state if the
local unit of government fails to provide for public use or abandons the public use of the
land. The conveyance is subject to existing rights of a county road easement, water and
land crossing utility licenses, a grant-in-aid trail permit, and a lease to the county for an
immigration videophone site. The commissioner may make necessary changes to the legal
description to correct errors and ensure accuracy.
new text end

new text begin (c) The land that may be sold is located in Lake of the Woods County and is
described as: the Southwest Quarter, Section 28, Township 168 North, Range 34 West,
containing 160 acres, more or less.
new text end

new text begin (d) The land is adjacent to the Northwest Angle Inlet of Lake of the Woods. The
Department of Natural Resources has determined that the land is not needed for natural
resource purposes and that the state's land management interests would best be served if
the land were conveyed to a local unit of government for a public park and other public use.
new text end

Sec. 12. new text begin PRIVATE SALE OF SURPLUS LAND; MILLE LACS COUNTY.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45, 94.09, and 94.10, the
commissioner of natural resources may sell by private sale the surplus land that is
described in paragraph (c).
new text end

new text begin (b) The land must not be sold for less than the appraised value. The buyer must
reimburse the commissioner for all costs and expenses, including staff costs, incurred
by the commissioner in making the property saleable and in selling the property. The
commissioner may make necessary changes to the legal description to correct errors
and ensure accuracy.
new text end

new text begin (c) The land that may be sold is located in Mille Lacs County and is described as:
the North 165 feet of that part of Government Lot 3 lying East of Utopia Road (formally
State Highway 169), except the East 75 feet of the West 393.75 feet thereof, Section 33,
Township 43 North, Range 27 West, containing 1.22 acres, more or less.
new text end

new text begin (d) The land to be sold is part of a parcel that, as purchased by the state, borders on
Mille Lacs Lake. The shoreline and at least 75 feet west of the shoreline will be retained
by the state for natural resource purposes. The Department of Natural Resources has
determined that the state's land management interests would best be served if the land to
be sold were conveyed for use in the expansion of an existing cemetery.
new text end

Sec. 13. new text begin PRIVATE SALE OF SURPLUS STATE LAND BORDERING PUBLIC
WATER; OLMSTED COUNTY.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45, 94.09, and 94.10, the
commissioner of natural resources may sell by private sale the surplus land bordering
public water that is described in paragraph (c).
new text end

new text begin (b) The commissioner may sell the land to a local unit of government for less than
the value of the land as determined by the commissioner, but the conveyance must provide
that the land described in paragraph (c) be used for the public and reverts to the state if
the local unit of government fails to provide for public use or abandons the public use
of the land. The commissioner may make necessary changes to the legal description to
correct errors and ensure accuracy.
new text end

new text begin (c) The land that may be sold is located in Olmsted County and is described as: that
part of Lot 9 of State Subdivision of Section 16, Township 105 North, Range 13 West,
lying north of the North Branch of the Root River. Containing 1.56 acres, more or less.
new text end

new text begin (d) The land borders the North Branch of the Root River and the Root River County
Park. The Department of Natural Resources has determined that the land is not needed
for natural resource purposes and that the state's land management interests would best
be served if the land was conveyed to a local unit of government and used for public
park purposes.
new text end

Sec. 14. new text begin EXCHANGE OF STATE LAND; ST. LOUIS COUNTY.
new text end

new text begin (a) Notwithstanding the riparian restrictions in Minnesota Statutes, section 94.342,
subdivision 3, the commissioner of natural resources may, with the approval of the Land
Exchange Board as required under the Minnesota Constitution, article XI, section 10, and
according to the remaining provisions of Minnesota Statutes, sections 94.342 to 94.347,
exchange the riparian land described in paragraph (b).
new text end

new text begin (b) The state land that may be exchanged is located in St. Louis County and is
described as: Government Lot 5, Section 35, Township 64 North, Range 12 West.
new text end

new text begin (c) The state land administered by the commissioner of natural resources borders
Low Lake. The land to be exchanged is forest land that includes areas bordering the
Whiteface River. While the land does not provide at least equal opportunity for access to
waters by the public, the land to be acquired by the commissioner in the exchange will
improve access to adjacent state forest lands.
new text end

Sec. 15. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 14 are effective the day following final enactment.
new text end