SF 712

as introduced - 87th Legislature (2011 - 2012) Posted on 02/23/2012 09:11am

A bill for an act
relating to state lands; modifying valuation methods of acquired lands; adding
to and deleting from state parks, state recreation areas, state forests, and state
wildlife management areas; authorizing public and private sales of certain surplus
state lands; amending Minnesota Statutes 2010, sections 84.0272, subdivision 3;
85.052, subdivision 4; 89.021, subdivision 48.

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

Section 1.

Minnesota Statutes 2010, section 84.0272, subdivision 3, is amended to read:

Subd. 3.

Minimal value acquisition.

(a) Notwithstanding subdivision 1, if the
commissioner determines that lands or interests in land have a value less than $100,000,
the commissioner may acquire the lands for the value determined by the commissioner
without an appraisal. The commissioner shall make the determination based upon:

(1) deleted text begin up to deleted text end the most recent assessed market value of the land or interests in land as
determined by the county assessor of the county in which the land or interests in land is
located, plus ten percent; new text begin or
new text end

deleted text begin (2) a sale price of the land or interests in land, provided the sale occurred within
the past year;
deleted text end

deleted text begin (3) deleted text end new text begin (2) new text end the deleted text begin sale deleted text end prices of comparable Department of Natural Resources land sales or
acquisitions of interests in land located in the vicinity deleted text begin and sold deleted text end within the past year deleted text begin ; or deleted text end new text begin .
new text end

deleted text begin (4) an appraisal of the land or interests in land conducted within the past year.
deleted text end

(b) In the event the value is less than $1,000, the commissioner may add a
transaction incentive, provided that the sum of the incentive plus the value of the land
does not exceed $1,000.

Sec. 2.

Minnesota Statutes 2010, section 85.052, subdivision 4, is amended to read:

Subd. 4.

Deposit of fees.

(a) Fees paid for providing contracted products and
services within a state park, state recreation area, or wayside, and for special state park
uses under this section shall be deposited in the natural resources fund and credited to a
state parks account.

(b) Gross receipts derived from sales, rentals, or leases of natural resources within
state parks, recreation areas, and waysides, other than those on trust fund lands, must be
deposited in the state treasury and credited to the state parks working capital account.
The appropriation under section 85.22 for revenue deposited in this section is limited to
$25,000 per fiscal year.

(c) Notwithstanding paragraph (b), the gross receipts from the sale of stockpile
materials, aggregate, or other earth materials from the Iron Range Off-Highway Vehicle
Recreation Area shall be deposited in the dedicated accounts in the natural resources fund
from which the purchase of the stockpile material was made. new text begin Notwithstanding paragraph
(b), the payments made under section 93.22, subdivision 1, paragraph (c), pursuant to a
state mineral lease on lands and mineral rights purchased for and within the Iron Range
Off-Highway Vehicle Recreation Area shall be deposited in the dedicated accounts in the
natural resources fund from which the purchase of the lands was made.
new text end

Sec. 3.

Minnesota Statutes 2010, section 89.021, subdivision 48, is amended to read:

Subd. 48.

deleted text begin Smokey deleted text end new text begin Smoky new text end Hills State Forest.

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. 52.] Scenic State Park, Itasca County. new text end

new text begin The
following areas are added to Scenic State Park, Itasca County:
new text end

new text begin (1) the Southwest Quarter of the Southeast Quarter, Section 1, Township 60 North,
Range 26 West; and
new text end

new text begin (2) Government Lot 18, Section 1, Township 60 North, Range 26 West, LESS the
following:
new text end

new text begin (a) the East 100 feet north of Scenic Highway; and
new text end

new text begin (b) beginning at a point on the east section line of Section 1, Township 60 North,
Range 26, 492.6 feet North of a meander corner on the north bank of Isaac Lake, said
meander corner being the first corner north of a point in lake for corner to Sections
1-6-7 and 12; thence an angle from south to west to north of 101 degrees, 42 minutes,
a distance of 106.15 feet; thence an angle from east to north to west of 105 degrees,
13 minutes, a distance of 164.8 feet; thence an angle from south to west of 88 degrees,
25 minutes, a distance of 36.7 feet; thence an angle from east to north of 98 degrees,
50 minutes, a distance of 142.9 feet; thence an angle from south to east to north of 103
degrees, 19 minutes, a distance of 208.25 feet to section line; thence an angle west to
south of 62 degrees, 45 minutes, along section line a distance of 406.8 feet to point of
beginning. A tract of land containing as near as possible 1.34 acres, and lying wholly
within Government Lot 18, Section 1, above township and range, all according to the
government survey thereof on file and of record in the Office of the Register of Deeds,
Itasca County, Minnesota.
new text end

new text begin Subd. 2. new text end

new text begin [85.012] [Subd. 60.] William O'Brien State Park, Washington County.
new text end

new text begin The following area is added to William O'Brien State Park, Washington County: that part
of the Southwest Quarter of the Southwest Quarter, Section 36, Township 32 North, Range
20 West, lying South of the so-called Marine Mills and Chisago City Road, which runs
over and across said tract, containing 13 acres, more or less, SUBJECT to right-of-way of
County Highway No. 4.
new text end

Sec. 5. new text begin ADDITIONS TO STATE RECREATION AREAS.
new text end

new text begin Subdivision 1. new text end

new text begin [85.013] [Subd. 11b.] Greenleaf Lake State Recreation Area,
Meeker County. new text end

new text begin The following area is added to the Greenleaf Lake State Recreation
Area, Meeker County: part of Government Lot 4, Section 20, Township 118 North, Range
30 West, Meeker County, Minnesota, described as follows, to wit: Beginning at a point
109 feet South of a point on the section line, which is 4,301.5 feet East of the northwest
corner of Section 20, said township and range, thence in a southwesterly direction South
14 degrees, 36 minutes West, 403.0 feet; thence in a southeasterly direction South 75
degrees, 24 minutes East, 403 feet to a point on the meandered line of Sioux Lake; thence
in a northeasterly direction along the meandered line North 14 degrees, 36 minutes East,
553 feet; thence in a southwesterly direction along the meandered line South 84 degrees,
00 minutes West, 431 feet to the point of beginning, said tract containing 4.4 acres more or
less.
new text end

new text begin Subd. 2. new text end

new text begin [85.013] [Subd. 12a.] Iron Range Off-Highway Vehicle Recreation
Area, St. Louis County. new text end

new text begin The following area is added to the Iron Range Off-Highway
Vehicle Recreation Area: the Southeast Quarter of the Southeast Quarter, Section 10,
Township 58 North, Range 17 West.
new text end

Sec. 6. new text begin ADDITION TO STATE FOREST.
new text end

new text begin [89.021] [Subd. 48.] Smoky Hills State Forest. The following areas are added to
the Smoky Hills State Forest: the Southwest Quarter of the Southeast Quarter, Section
7, Township 139 North, Range 36 West, and the South Half of the Southwest Quarter of
Section 14, Township 140 North, Range 37 West.
new text end

Sec. 7. new text begin DELETION FROM STATE FOREST.
new text end

new text begin new text begin [89.021] [Subd. 31a.] Lost River State Forest. new text end The following area is deleted from
the Lost River State Forest, Roseau County: the Southeast Quarter, Section 5, Township
163 North, Range 40 West.
new text end

Sec. 8. new text begin ADDITION TO STATE WILDLIFE MANAGEMENT AREA.
new text end

new text begin new text begin [97A.133] [Subd. 47.] Roseau Lake Wildlife Management Area, Roseau
County. new text end The following area is added to the Roseau Lake Wildlife Management Area,
Roseau County: the Southeast Quarter, Section 5, Township 163 North, Range 40 West.
new text end

Sec. 9. new text begin PRIVATE SALE OF SURPLUS STATE LAND BORDERING PUBLIC
WATER; BECKER 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 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. 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 must include the reservation of an easement for
ingress and egress through the property to the Frazee Dam.
new text end

new text begin (c) The land that may be sold is located in Becker County and is described as:
That part of Government Lot 2, Section 35, Township 138, Range 40, Becker County,
Minnesota, described as follows: Beginning at the northwest corner of said Government
Lot 2; thence on an assumed bearing of North 89 degrees 59 minutes 38 seconds East,
along the north line of said Government Lot 2, a distance of 475.74 feet; thence South 0
degrees 34 minutes 44 seconds East, a distance of 488.24 feet; thence South 89 degrees 59
minutes 38 seconds West, a distance of 220.66 feet; thence South 0 degrees 34 minutes 44
seconds East, a distance of 139.70 feet; thence South 89 degrees 59 minutes 38 seconds
West, a distance of 255.08 feet, to the west line of said Government Lot 2; thence North 0
degrees 34 minutes 44 seconds West, along said west line, a distance of 627.94 feet, to the
point of beginning, containing 6.15 acres, more or less.
new text end

new text begin (d) The land borders Town Lake and the Otter Tail River. The Department of
Natural Resources has determined that the land is not needed for natural resource
purposes, provided that an easement right is retained. The land is being used as a picnic
and playground area.
new text end

Sec. 10. new text begin PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC
WATER; CASS 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 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) The land that may be sold is located in Cass County and is described as: That
part of Government Lot 4, Section 8, Township 140 North, Range 31 West, Cass County,
Minnesota, lying southerly and westerly of the following described lines: Commencing
at the southeast corner of said Government Lot 4; thence North 01 degree 39 minutes
59 seconds West on an assumed bearing along the east line of said Government Lot 4
a distance of 420.54 feet to the POINT OF BEGINNING; thence North 87 degrees
57 minutes 14 seconds West, a distance of 481.15 feet; thence southwesterly along a
tangential curve concave to the southeast having a radius of 145.00 feet, a central angle of
69 degrees 00 minutes 00 seconds, for a distance of 174.61 feet; thence South 23 degrees
02 minutes 46 seconds West, tangent to said curve, a distance of 255 feet, more or less, to
the centerline of the old County Road; thence northwesterly, westerly, and southwesterly a
distance of 520 feet along said centerline to the point of intersection with the centerline of
County State-Aid Highway 6; thence northwesterly a distance of 414.53 feet along the
centerline of said County State-Aid Highway 6 to the point of intersection with the west
line of said Government Lot 4 and there terminating. Containing 11.16 acres, more or less.
new text end

new text begin (d) The land borders Ten Mile Lake. The Department of Natural Resources has
determined that the land is not needed for natural resource purposes.
new text end

Sec. 11. new text begin PRIVATE SALE OF SURPLUS STATE LAND; DOUGLAS 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).
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) The land that may be sold is located in Douglas County and is described as:
That part of the North Half of the Southeast Quarter, Section 32, Township 130 North,
Range 37 West, Douglas County, Minnesota, lying westerly of the following described
centerline: Beginning at the South Quarter corner of said Section 32; thence North 00
degrees 35 minutes 06 seconds West, along the centerline of Chicago Club Lane, a
distance of 2,576.19 feet (the south line of the Southwest Quarter of said Section 32 has an
assumed bearing of South 89 degrees 52 minutes 29 seconds West); thence northwesterly
110.40 feet, along said centerline on a tangential curve concave to the southwest, having a
radius of 105.00 feet and a central angle of 60 degrees 14 minutes 31 seconds to the north
line of said North Half of the Southeast Quarter and said centerline there terminating.
Containing 1.77 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 the adjacent landowner to improve access to the
landowner's property.
new text end

Sec. 12. new text begin PRIVATE SALE OF SURPLUS STATE LAND BORDERING PUBLIC
WATER; DOUGLAS 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 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) The land that may be sold is located in Douglas County and is described as: That
part of Government Lot 3 of Section 21, Township 130, Range 37, Douglas County,
Minnesota, described as follows: Beginning at the northeast corner of Lot 12, Block
1, SECOND ADDITION TO TAMARACK SHORES, according to the recorded plat
thereof; thence northeasterly along nontangential 223.07 foot radius curve, which center
of circle bears South 51 degrees 57 minutes 52 seconds East from said point, (assuming
the north line of said Lot 12 bears South 84 degrees 25 minutes 56 seconds West) central
angle 25 degrees 45 minutes 18 seconds, 100.27 feet; thence South 82 degrees 58 minutes
34 seconds West 401 feet more or less to the shoreline of Lake Miltona; thence southerly
along said lake, 50 feet more or less to the northerly most line of said Lot 12; thence North
84 degrees 25 minutes 56 seconds East, along said north line, 315 feet more or less to the
point of beginning. Containing 0.40 acres, more or less.
new text end

new text begin (d) The land borders Lake Miltona. 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 the holders
of the existing easement across the property for access and egress to Lake Miltona.
new text end

Sec. 13. new text begin PRIVATE SALE OF CONSOLIDATED CONSERVATION LAND;
MARSHALL COUNTY.
new text end

new text begin (a) Notwithstanding the classification and public sale provisions of Minnesota
Statutes, chapters 84A and 282, the commissioner of natural resources may sell by private
sale the consolidated conservation lands that are described in paragraph (c).
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. 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. Proceeds shall be disposed of according to Minnesota Statutes, chapter 84A.
new text end

new text begin (c) The land that may be sold is located in Marshall County and is described as: That
part of the Southwest Quarter of the Southeast Quarter of Section 33, Township 155 North,
Range 39 West, Marshall County, Minnesota, described as follows: Commencing at the
southwest corner of said Southwest Quarter of the Southeast Quarter being marked by
a 3/4" by 24" rebar with plastic cap stamped "MN DNR LS 17005" (DNR monument);
thence on a bearing based on the 1983 Marshall County Coordinate System of North
89 degrees 27 minutes 31 seconds East along the south line of said Southwest Quarter
of the Southeast Quarter 400.00 feet to a DNR monument and the point of beginning of
the parcel to be described; thence at a right angle to the said south line of the Southwest
Quarter of the Southeast Quarter North 00 degrees 32 minutes 29 seconds West 208.71
feet to a DNR monument; thence North 89 degrees 27 minutes 31 seconds East parallel
with said south line of the Southwest Quarter of the Southeast Quarter 208.71 feet to a
DNR monument; thence at a right angle South 00 degrees 32 minutes 29 seconds East
208.71 feet to the south line of said Southwest Quarter of the Southeast Quarter and
a DNR monument; thence South 89 degrees 27 minutes 31 seconds West along the
south line of said Southwest Quarter of the Southeast Quarter 208.71 feet to the point of
beginning, containing 1.0 acre, 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. A township cemetery is located on the land.
new text end

Sec. 14. new text begin PRIVATE SALE OF SURPLUS STATE LAND BORDERING PUBLIC
WATER; OTTER TAIL 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 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) The land that may be sold is located in Otter Tail County and is described as:
That part of Government Lot 3, Section 15, Township 131 North, Range 40 West, Otter
Tail County, Minnesota, bounded by the following described lines: Commencing at
the southeast corner of said Government Lot 3; thence North 00 degrees 00 minutes
00 seconds East 979.6 feet on and along the east line of said Government Lot 3 to the
point of beginning of that particular tract of land conveyed to the State of Minnesota and
filed for record on October 21, 1964, in Book 388 of Deeds page 23; thence continuing
North 00 degrees 00 minutes 00 seconds East 79.5 feet on and along the east line of said
Government Lot 3; thence South 84 degrees 44 minutes 00 seconds West 279.1 feet to a
spike set at an angle point of said tract of land and the POINT OF BEGINNING OF THE
PARCEL TO BE DESCRIBED; thence North 13 degrees 01 minute 00 seconds West 92
feet, more or less, along the east line of said tract of land, hereinafter described as "Line
A," to the water's edge of Eagle Lake and there terminating. And again from the point of
beginning; thence South 84 degrees 44 minutes 00 seconds West 7.07 feet; thence North
13 degrees 01 minutes 00 seconds West 94 feet, more or less, along a line parallel with
and 7 feet westerly of, measured at right angles to said "Line A" to the water's edge of
Eagle Lake and there terminating. Containing 0.02 acre, more or less.
new text end

new text begin (d) The land borders Eagle 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 were conveyed to an adjacent
landowner to resolve an inadvertent trespass.
new text end

Sec. 15. new text begin PRIVATE SALE OF SURPLUS STATE LAND BORDERING PUBLIC
WATER; WATONWAN 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). Notwithstanding Minnesota Statutes,
section 97A.135, subdivision 2a, the surplus land described in paragraph (c) is vacated
from the Watline Wildlife Management Area upon sale.
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. The conveyance may include reservation of an easement for prairie
management and seed harvest.
new text end

new text begin (c) The land that may be sold is located in Watonwan County and is described as:
new text end

new text begin (1) in Township 105 North, Range 32 West:
new text end

new text begin A strip of land 100 feet in width extending over and across the East Half of the Northwest
Quarter of Section 3, said strip of land being 50 feet in width on each side of the centerline
of the main track (now removed) of the Minneapolis and St. Louis Railway Company
(now Chicago and North Western Railway Company), as said main track centerline was
originally located and established over and across said Section 3.
new text end

new text begin ALSO: A strip of land 100 feet in width extending over and across the Southwest Quarter
of said Section 3, said strip of land being 50 feet in width on each side of said original
main track centerline. EXCEPTING THEREFROM:
new text end

new text begin That part lying between the easterly extension of the north line of Main Street in
Echols and a line drawn at right angles to the southeasterly line of Railroad Avenue
at a point thereon distant 575 feet southwesterly from its intersection with said
easterly extension of the north line of Main Street.
new text end

new text begin ALSO: A strip of land 100 feet in width extending over and across the Southeast Quarter
of the Southeast Quarter of Section 9; the West Half of the Northwest Quarter, the
Northwest Quarter of the Southwest Quarter, and Government Lot 4 of Section 10; the
East Half of the East Half of Section 16; the Northeast Quarter and the West Half of the
Southeast Quarter of Section 21; the West Half of the Northeast Quarter, the Southeast
Quarter of the Northwest Quarter, and the East Half of the Southwest Quarter of Section
28; the Northwest Quarter and the North Half of the Southwest Quarter of Section 33, said
strip of land being 50 feet in width on each side of said original main track centerline.
new text end

new text begin ALSO: A strip of land 50 feet in width lying northwesterly of and adjoining said above
described 100 foot wide strip of land and in the Northeast Quarter of said Section 21, and
lying between lines drawn at right angles to said original main track centerline at points
thereon distant 21 feet and 1,321 feet, respectively, northeasterly, from its intersection
with the south line of said Northeast Quarter of Section 21.
new text end

new text begin Containing a total of 67.52 acres, more or less; and
new text end

new text begin (2) in Township 106 North, Range 32 West:
new text end

new text begin A strip of land 100 feet in width extending over and across the Southeast Quarter of the
Northeast Quarter and the East Half of the Southeast Quarter of Section 22; Lot E and
Lots 1 and 2 of Lot B of Melvill's Subdivision and Government Lot 2 of Section 23; said
strip of land being 50 feet in width on each side of said original main track centerline.
new text end

new text begin ALSO: A strip of land 100 feet in width extending over and across that part of Lot C and
Lot 3 of Lot B of Melvill's Subdivision of said Section 23 lying southerly of the southerly
right-of-way line of the Chicago, St. Paul, Minneapolis and Omaha Railway Company,
said strip of land being 50 feet in width on each side of said original main track centerline.
new text end

new text begin ALSO: A strip of land 100 feet in width extending over and across the Northeast Quarter
and the West Half of the Southeast Quarter of Section 27; the West Half of the Northeast
Quarter, the Southeast Quarter of the Northwest Quarter, and the East Half of the
Southwest Quarter of Section 34, said strip of land being 50 feet in width on each side of
said original main tract centerline.
new text end

new text begin AND EXCEPTING: Parcel 232A transferred to MN DOT described as:
new text end

new text begin That part of the Southeast Quarter of the Southeast Quarter of Section 22, the
Northeast Quarter and the Northwest Quarter of the Southeast Quarter, both in
Section 27, all in Township 106 North, Range 32 West, shown as Parcel 232A on the
plat designated as State Highway Right of Way Plat No. 83-2 on file and of record
in the Office of the Register of Deeds in and for Watonwan County, Minnesota;
containing 7.25 acres, more or less.
new text end

new text begin Containing a total of 32.23 acres, more or less.
new text end

new text begin (d) The land is part of the former right-of-way of the Minneapolis and St. Louis
Railway Company. The land borders Long Lake and St. James Lake and crosses St.
James Creek and the South Fork of the Watonwan 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 were conveyed
to a local unit of government for trail use.
new text end

Sec. 16. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 9 to 15 are effective the day following final enactment.
new text end