SF 3907

as introduced - 93rd Legislature (2023 - 2024) Posted on 04/17/2024 03:47pm

A bill for an act
relating to state lands; modifying fee provisions for certain state land transfers;
adding land to state parks; authorizing sales and conveyances of certain surplus
state lands; deauthorizing Upper Sioux Agency State Park; appropriating money;
amending Minnesota Statutes 2022, sections 85.015, subdivision 1b; 94.343,
subdivision 8a; 94.3495, by adding a subdivision; repealing Minnesota Statutes
2022, section 85.012, subdivisions 27b, 58.

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

Section 1.

Minnesota Statutes 2022, section 85.015, subdivision 1b, is amended to read:

Subd. 1b.

Easements for ingress and egress.

(a) Notwithstanding section 16A.695,
except as provided in paragraph (b), when a trail is established under this section, a private
property owner who has a preexisting right of ingress and egress over the trail right-of-way
is granted, without charge, a permanent easement for ingress and egress purposes only. The
easement is limited to the preexisting crossing and reverts to the state upon abandonment.
Nothing in this subdivision is intended to diminish or alter any written or recorded easement
that existed before the state acquired the land for the trail.

(b) The commissioner of natural resources shall assess the applicant an application fee
of $2,000 for reviewing the application and preparing the easement. The applicant shall pay
the application fee to the commissioner of natural resources. The commissioner shall not
issue the easement until the applicant has paid the application fee in full. The commissioner
shall not return the application fee, even if the application is withdrawn or denied.

(c) Money received under paragraph (b) must be credited to the land management account
in the natural resources fund and is appropriated to the commissioner of natural resources
to cover the reasonable costs incurred under this section.

new text begin (d) Notwithstanding paragraphs (a) to (c), the commissioner of natural resources may
elect to assume the application fee under paragraph (b) if the commissioner determines that
issuing the easement will benefit the state's land management interests.
new text end

Sec. 2.

Minnesota Statutes 2022, section 94.343, subdivision 8a, is amended to read:

Subd. 8a.

Fees.

(a) When a private landowner or governmental unit, except the state,
presents to the commissioner an offer to exchange privately or publicly held land for class
A land, the private landowner or governmental unit shall pay to the commissioner deleted text begin a
determination of value fee and survey fee of not less than one-half of the cost of the
determination of value and survey fees as determined by the commissioner. deleted text end new text begin fees of not less
than one-half of the costs incurred by the commissioner for valuation expenses; survey
expenses; legal and professional fees; costs of title work, advertising, and public hearings;
transactional staff costs; and closing costs.
new text end

(b) Except as provided in paragraph (c), any payment made under paragraph (a) shall
be credited to the account from which the expenses are paid and is appropriated for
expenditure in the same manner as other money in the account.

(c) The fees shall be refunded if the land exchange offer is withdrawn by a private
landowner or governmental unit before the money is obligated to be spent.

Sec. 3.

Minnesota Statutes 2022, section 94.3495, is amended by adding a subdivision to
read:

new text begin Subd. 9. new text end

new text begin Fees. new text end

new text begin (a) When a governmental unit presents to the commissioner an offer to
exchange publicly held land under this section, the governmental unit must pay to the
commissioner fees of not less than one-half of the costs incurred by the commissioner for
valuation expenses; survey expenses; legal and professional fees; costs of title work,
advertising, and public hearings; transactional staff costs; and closing costs.
new text end

new text begin (b) Except as provided in paragraph (c), any payment made under paragraph (a) must
be credited to the account from which the expenses are paid and is appropriated to the
commissioner for expenditure in the same manner as other money in the account.
new text end

new text begin (c) The fees must be refunded if the land exchange offer is withdrawn by the
governmental unit before the money is obligated to be spent.
new text end

Sec. 4. new text begin ADDITIONS TO STATE PARKS.
new text end

new text begin Subdivision 1. new text end

new text begin [85.012] [Subd. 2.] Banning State Park, Pine County. new text end

new text begin The following
area is added to Banning State Park: the Northwest Quarter of the Northwest Quarter of
Section 22, Township 42 North, Range 20 West, Pine County, Minnesota.
new text end

new text begin Subd. 2. new text end

new text begin [85.012] [Subd. 15.] Father Hennepin State Park, Mille Lacs County. new text end

new text begin The
following areas are added to Father Hennepin State Park, all in Mille Lacs County,
Minnesota:
new text end

new text begin (1) the Southwest Quarter of the Southwest Quarter of Section 3, Township 42, Range
25;
new text end

new text begin (2) the Southwest Quarter of the Southeast Quarter of Section 4, Township 42, Range
25; and
new text end

new text begin (3) the Southeast Quarter of the Southeast Quarter of Section 4, Township 42, Range
25.
new text end

new text begin Subd. 3. new text end

new text begin [85.012] [Subd. 36.] Lake Louise State Park, Mower County. new text end

new text begin Those parts
of Section 20, Township 101 North, Range 14 West, Mower County, Minnesota, described
as follows are added to Lake Louise State Park:
new text end

new text begin (1) the West Half of the South Half of the Southwest Quarter of the Northeast Quarter;
new text end

new text begin (2) the West 3/4ths of the North Half of the Southwest Quarter of the Northeast Quarter
EXCEPT that portion that lies north and east of the county road; and
new text end

new text begin (3) the Northwest Quarter of the Northwest Quarter of the Southeast Quarter EXCEPT
the south 334.98 feet of the west 411.24 feet thereof.
new text end

Sec. 5. new text begin STATE PARK ABOLISHMENT.
new text end

new text begin Subdivision 1. new text end

new text begin [85.012] [Subd. 27b.] Hill-Annex Mine State Park, Itasca
County. new text end

new text begin Hill-Annex Mine State Park is abolished.
new text end

new text begin Subd. 2. new text end

new text begin [85.012] [Subd. 58.] Upper Sioux Agency State Park, Yellow Medicine
County. new text end

new text begin Upper Sioux Agency State Park is abolished and its lands transferred according
to Laws 2023, chapter 60, article 4, section 97.
new text end

Sec. 6. new text begin PUBLIC SALE OF SURPLUS LAND BORDERING PUBLIC WATER;
CHISAGO COUNTY.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural
resources may sell by public sale the surplus land bordering public water 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 Chisago County and is described as:
new text end

new text begin All that part of Government Lot 1, Section 23, and all that part of Government Lot 1,
Section 24, Township 33 North, Range 21 West of the 4th Principal Meridian bounded by
the following described lines: commencing at the northeast corner of said Section 23; thence
South 00 degrees 00 minutes West, 1,831.3 feet on and along the east line of said Section
23 to the point of beginning; thence South 38 degrees 27 minutes East, 70.0 feet; thence
South 11 degrees 58 minutes West, 330.0 feet; thence South 76 degrees 59 minutes West,
286.9 feet; thence South 45 degrees 33 minutes West, 167.4 feet; thence North 73 degrees
20 minutes West, 231.8 feet; thence North 59 degrees 33 minutes West, 420.7 feet; thence
North 30 degrees 17 minutes East, 327.6 feet; thence North 64 degrees 19 minutes East,
360.4 feet; thence South 87 degrees 03 minutes East, 197.8 feet; thence South 65 degrees
09 minutes East, 354.3 feet and to the point of beginning. Including all riparian rights to
the contained 11.5 acres, more or less, and subject to all existing road easements. Together
with that particular channel easement as described in Document #119723, on file and of
record in the Office of the Recorder, Chisago County, Minnesota, with said easement being
stated in said document as a perpetual easement to construct and maintain a channel over
and across the area described in Document #119723 as a strip of land 75 feet wide in
Government Lot 1 of Section 24, Township 33 North, Range 21 West of the 4th Principal
Meridian, bounded by the water's edge of Green Lake and the following described lines:
commencing at the northwest corner of said Section 24; thence South 00 degrees 00 minutes
West, 1,831.3 feet on and along the west line of said section; thence South 38 degrees 27
minutes East, 70.0 feet; thence South 11 degrees 58 minutes West, 58.9 feet to a point on
the centerline of said strip of land and the point of beginning; thence South 11 degrees 58
minutes West, 40.4 feet; thence North 80 degrees 00 minutes East, 290 feet, more or less,
to the water's edge of said Green Lake and there terminating. And also from the point of
beginning; thence North 11 degrees 58 minutes East, 40.4 feet; thence North 80 degrees 00
minutes East, 220 feet, more or less, to the water's edge of said Green Lake and there
terminating.
new text end

new text begin ALSO
new text end

new text begin Together with that particular access easement as described in Document #119723, on
file and of record in the Office of the Recorder, Chisago County, Minnesota, with said
easement being stated in said document as a perpetual road easement to construct and
maintain a 33-foot-wide road for ingress and egress over and across the following described
lands: that part of Government Lot 1 of Section 23, Township 33 North, Range 21 West of
the 4th Principal Meridian, bounded by the following described lines: commencing at the
northeast corner of said Section 23; thence South 00 degrees 00 minutes West, 1,831.3 feet
on and along the east line of said section; thence South 38 degrees 27 minutes East, 70.0
feet; thence South 11 degrees 58 minutes West, 330.0 feet; thence South 76 degrees 59
minutes West, 223.6 feet to a point on the southerly boundary of the above described lands
being conveyed in fee and the point of beginning; thence South 76 degrees 59 minutes West,
63.3 feet on and along said southerly boundary; thence South 45 degrees 33 minutes West,
167.4 feet on and along said southerly boundary; thence North 72 degrees 57 minutes West,
666.8 feet to a point on the southeasterly right-of-way line of U.S. Highway No. 8; thence
South 38 degrees 09 minutes West, 35.4 feet on and along said right-of-way line; thence
South 72 degrees 57 minutes East, 679.7 feet; thence South 73 degrees 20 minutes East,
251.3 feet; thence North 45 degrees 33 minutes West, 240.9 feet to the point of beginning.
new text end

new text begin (d) The land borders Green Lake and is not contiguous to other state lands. 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 ownership.
new text end

Sec. 7. new text begin CONVEYANCE OF SURPLUS LAND BORDERING PUBLIC WATER;
HUBBARD 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 convey the surplus land bordering public water that
is described in paragraph (c) to a local unit of government for no consideration, subject to
the state's reservation of a trail easement.
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 conveyed is located in Hubbard County and is described as:
new text end

new text begin A strip of land 150 feet in width extending over and across the Southwest Quarter of
the Southwest Quarter of Section 24, Township 140 North, Range 35 West of the Fifth
Principal Meridian, Hubbard County, Minnesota, said strip of land lying being 75 feet in
width on each side of the centerline of the main track (now removed) of the former St. Paul,
Minneapolis and Manitoba Railway Company (now BNI), as originally located and
established over and across said Southwest Quarter of the Southwest Quarter of Section 24
and lying between the north line of the Fish Hook River and the north line of said Southwest
Quarter of the Southwest Quarter of Section 24, LESS and EXCEPT the following described
tract: that part of the South Half of the Southwest Quarter, Section 24, Township 140 North,
Range 35 West, Hubbard County, Minnesota, described as follows: commencing at a found
iron monument which designates the northwesterly corner of Lot 1, Block 4, AUDITOR'S
PLAT No. 2, plat of which is on file and of record in the Office of the County Recorder,
Hubbard County; thence on a bearing based on the Hubbard County Coordinate System
(NAD83, 1996 Adjustment) of South 32 degrees 45 minutes 05 seconds East, along the
southwesterly line of said Lot 1, a distance of 177.13 feet to the southwesterly corner of
said Lot 1; thence South 48 degrees 30 minutes 52 seconds West, a distance of 71.23 feet
to an iron monument on the southwesterly line of Mill Road; thence North 32 degrees 32
minutes 42 seconds West, along the southwesterly line of Mill Road, a distance of 85.20
feet to an iron monument; thence North 22 degrees 10 minutes 58 seconds West along said
southwesterly line of Mill Road, a distance of 85.84 feet to an iron monument; thence North
81 degrees 01 minutes 23 seconds West, a distance of 127.05 feet to the intersection with
the easterly right-of-way line of the Heartland State Trail (former Burlington Northern
Railroad) and an iron monument and the point of beginning of the land to be herein described;
thence continue North 81 degrees 01 minutes 23 seconds West, a distance 37.00 feet; thence
South 09 degrees 06 minutes 28 seconds West, a distance of 44.69 feet; thence South 13
degrees 37 minutes 49 seconds East, a distance of 95.72 feet to an iron monument and the
intersection with said easterly right-of-way line; thence North 09 degrees 06 minutes 28
seconds East, along said easterly right-of-way line, a distance of 133.06 feet, more or less,
to the point of beginning. Said strip of land containing 2.52 acres, more or less.
new text end

new text begin (d) The land borders the Fish Hook River. 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.
new text end

Sec. 8. new text begin PRIVATE SALE OF SURPLUS LAND BORDERING PUBLIC WATER;
HUBBARD 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 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 Hubbard County and is described as:
new text end

new text begin (1) a strip of land 50 feet in width extending over and across the Southwest Quarter of
the Southwest Quarter of Section 24, Township 140 North, Range 35 West of the Fifth
Principal Meridian, Hubbard County, Minnesota, said strip of land lying South of the south
line of the Fish Hook River, on the westerly side of the centerline of the main track (now
removed) of the former Wadena and Park Rapids Railway Company (now BNI), as originally
located and established over and across said Southwest Quarter of the Southwest Quarter
of Section 24; said strip of land containing 0.14 acres, more or less; and
new text end

new text begin (2) a strip of land 50 feet in width extending over and across the Southwest Quarter of
the Southwest Quarter of Section 24, Township 140 North, Range 35 West of the Fifth
Principal Meridian, Hubbard County, Minnesota, said strip of land lying South of the south
line of the Fish Hook River, on the easterly side of the centerline of the main track (now
removed) of the former Wadena and Park Rapids Railway Company (now BNI), as originally
located and established over and across said Southwest Quarter of the Southwest Quarter
of Section 24, said strip of land containing 0.16 acres, more or less.
new text end

new text begin (d) The land borders the Fish Hook River. 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 ownership.
new text end

Sec. 9. new text begin CONVEYANCE OF SURPLUS LAND BORDERING PUBLIC WATER;
REDWOOD 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 convey the surplus land bordering public water that
is described in paragraph (c) to a federally recognized Indian Tribe for no consideration.
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 Redwood County and is described as:
new text end

new text begin (1) Government Lot 2 of Section 4, Township 112 North, Range 34 West; and
new text end

new text begin (2) Government Lot 6 of Section 9, Township 112 North, Range 34 West, excepting
therefrom: commencing at the southwest corner of United States Government Lot 6 in said
Section 9, running thence North on a division line, between Lots 6 and 7, 1,482.5 feet;
thence East and parallel with the south line of said Lot 6 about 872 feet to the Minnesota
River; thence down the Minnesota River to a point due North of the southeast corner of said
Lot 6; thence South 500 feet to the southeast corner of said Lot 6; thence West along the
south line of said Lot 6 to the place of beginning, said exception containing 40 acres, more
or less, and being a part of said Lot 6.
new text end

new text begin (d) The land borders the Minnesota River and is not contiguous to other state lands. 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 Tribal ownership.
new text end

Sec. 10. new text begin PRIVATE SALE OF SURPLUS LAND; ROSEAU 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)
to a watershed district.
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 Roseau County and is described as: All that
part of the Northeast Quarter of the Southeast Quarter of Section 23, Township 163 North,
Range 41 West of the Fifth Principal Meridian, Roseau County, Minnesota, described as
follows: Beginning at the northwest corner of the Northeast Quarter of the Southeast Quarter
of said Section 23; thence on a bearing based on the Roseau County Coordinate System
(NAD83, 1996 Adjustment) of South 89 degrees 49 minutes 33 seconds East, along the
north line of said Northeast Quarter of the Southeast Quarter, a distance of 1,319.93 feet to
the northeast corner of said Northeast Quarter of the Southeast Quarter, said northeast corner
also being a point on the northwesterly right-of-way line of the exterior ditch of the northwest
embankment of the Roseau Lake rehabilitation project; thence South 52 degrees 53 minutes
46 seconds West, along said northwesterly right-of-way line, a distance of 1,651.76 feet,
more or less, to the west line of said Northeast Quarter of the Southeast Quarter; thence
North 00 degrees 08 minutes 50 seconds West, along said west line, a distance of 1,000.46
feet to the point of beginning. Said parcel contains 15.1 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 conveyed to a watershed district.
new text end

Sec. 11. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2022, section 85.012, subdivisions 27b and 58, new text end new text begin are repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 24-05465

85.012 STATE PARKS.

Subd. 27b.

Hill-Annex Mine State Park, Itasca County.

Subd. 58.

Upper Sioux Agency State Park, Yellow Medicine County.