SF 886

as introduced - 88th Legislature (2013 - 2014) Posted on 04/02/2013 12:43pm

A bill for an act
relating to state lands; modifying landowners' bill of rights; modifying land
acquisition account; adding to and deleting from state parks and forests;
authorizing certain exchanges and sales of state lands; amending Minnesota
Statutes 2012, sections 84.0274, subdivision 6; 94.165.

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

Section 1.

Minnesota Statutes 2012, section 84.0274, subdivision 6, is amended to read:

Subd. 6.

State's responsibilities.

When the state proposes to purchase land for
natural resources purposes, the commissioner of natural resources and, where applicable,
the commissioner of administration shall have the following responsibilities:

(a) The responsibility to deal fairly and openly with the landowner in the purchase of
property;

(b) The responsibility to refrain from discussing price with the landowner before
an appraisal has been made. In addition, the same person shall not both appraise and
negotiate for purchase of a tract of land new text begin . This paragraph does not apply to the state when
discussing with a landowner the trout stream easement payment determined under section
84.0272, subdivision 2, the native prairie bank easement payment determined under
section 84.96, subdivision 5, or the Camp Ripley's Army compatible use buffer easement
payment determined under section 84.0277, subdivision 2 new text end ;

(c) The responsibility to use private fee appraisers to lower the state's acquisition
costs to the greatest extent practicable; and

(d) The responsibility to acquire land in as expeditious a manner as possible. No
option shall be made for a period of greater than two months if no survey is required or for
nine months if a survey is required, unless the landowner, in writing, expressly requests
a longer period of time. Provided that, if county board approval of the transaction is
required pursuant to section 97A.145, no time limits shall apply. If the state elects not
to purchase property upon which it has an option, it shall pay the landowner $500 after
the expiration of the option period. If the state elects to purchase the property, unless the
landowner elects otherwise, payment to the landowner shall be made no later than 90 days
following the state's election to purchase the property provided that the title is marketable
and the owner acts expeditiously to complete the transaction.

Sec. 2.

Minnesota Statutes 2012, section 94.165, is amended to read:

94.165 LAND ACQUISITION ACCOUNT.

new text begin Subdivision 1. new text end

new text begin Creation of account. new text end

There is created in the state treasury a land
acquisition account.

new text begin Subd. 2. new text end

new text begin Appropriation. new text end

Money in the account is appropriated to the commissioner
of natural resources for new text begin :
new text end

new text begin (1) new text end the acquisition of natural resource lands or interests in lands within the outdoor
recreation system established in chapter 86A new text begin ;
new text end

new text begin (2) payment of expenses incurred by the commissioner in rendering saleable any
state-owned property administered by the commissioner; and
new text end

new text begin (3) payment of expenses incurred by the commissioner in exchanging any
state-owned property administered by the commissioner new text end .

new text begin Subd. 3. new text end

new text begin Report. new text end

The commissioner must file a report to the house of representatives
Ways and Means and the senate Finance committees and the Environment and Natural
Resources committees of the senate and house of representatives by October 1 of each
year indicating all purchases and sales from this account.

Sec. 3. new text begin ADDITIONS TO STATE PARKS.
new text end

new text begin Subdivision 1. new text end

new text begin [85.012][Subd. 16.] Flandrau State Park, Brown County. new text end

new text begin The
following area is added to Flandrau State Park: West 130 feet by 272.25 feet of Lot B
of Outlot 304, City of New Ulm.
new text end

new text begin Subd. 2. new text end

new text begin [85.012][Subd. 38a.] Lake Vermilion State Park, St. Louis County.
new text end

new text begin The following areas are added to Lake Vermilion State Park:
new text end

new text begin (1) that part of the Northwest Quarter of the Northeast Quarter of Section 29,
Township 62, Range 15, that lies southeasterly of Miettunen Plat Road and northeasterly
of McKinley Park Road;
new text end

new text begin (2) that part of the Northwest Quarter of the Southwest Quarter of Section 28,
Township 62, Range 15, that lies easterly of McKinley Park Road;
new text end

new text begin (3) Government Lot 7, Section 14, Township 62, Range 15;
new text end

new text begin (4) Government Lot 5, Section 23, Township 62, Range 15;
new text end

new text begin (5) those islands in Lake Vermilion located south of the westerly extension of
the south line of Government Lot 6, west of the northerly extension of the east line of
Government Lot 8, and east of the northerly extension of the west line of Government Lot
8, all in Section 13, Township 62, Range 15;
new text end

new text begin (6) that part of the Southeast Quarter of the Southwest Quarter of Section 26,
Township 62, Range 15, that lies south of the south right-of-way line of State Highway
169; and
new text end

new text begin (7) the East 845 feet of the Southwest Quarter of the Southwest Quarter of Section 26,
Township 62, Range 15, lying south of the south right-of-way line of State Highway 169.
new text end

new text begin Subd. 3. new text end

new text begin [85.012][Subd. 53.] Sibley State Park, Kandiyohi County. new text end

new text begin The following
area is added to Sibley State Park: the Southeast Quarter of Section 12, Township 121,
Range 35, except a square area of land containing two acres located in the southeast corner
of the Northeast Quarter of the Southeast Quarter of Section 12, Township 121, Range 35.
new text end

Sec. 4. new text begin DELETIONS FROM STATE PARKS.
new text end

new text begin Subdivision 1. new text end

new text begin [85.012][Subd. 38a.] Lake Vermilion State Park, St. Louis
County. new text end

new text begin The following areas are deleted from Lake Vermilion State Park:
new text end

new text begin (1) that part of the Northeast Quarter of the Northeast Quarter of Section 29,
Township 62, Range 15, that lies southwesterly of McKinley Park Road; and
new text end

new text begin (2) that part of the Northeast Quarter of the Northeast Quarter of Section 29,
Township 62, Range 15, that lies northwesterly of Miettunen Plat Road.
new text end

new text begin Subd. 2. new text end

new text begin [85.012][Subd. 59.] Whitewater State Park, Winona County. new text end

new text begin The
following area is deleted from Whitewater State Park: that part of the Southeast Quarter of
the Northwest Quarter of Section 21, Township 107, Range 10, described as follows:
new text end

new text begin Commencing at the southeast corner of said Southeast Quarter of the Northwest
Quarter; thence on an assumed bearing of North 00 degrees 29 minutes 31 seconds
West, along the east line of said Southeast Quarter of the Northwest Quarter, 1,146.55
feet to the point of beginning of the parcel to be described; thence continuing North 00
degrees 29 minutes 31 seconds West, along said east line, 254.93 feet to the northeast
corner of said Southeast Quarter of the Northwest Quarter; thence South 88 degrees
26 minutes 03 seconds West, along the north line of said Southeast Quarter of the
Northwest Quarter, 643.06 feet; thence South 18 degrees 36 minutes 33 seconds East,
31.00 feet; thence South 84 degrees 32 minutes 47 seconds East, 229.91 feet; thence
South 65 degrees 23 minutes 08 seconds East, 446.86 feet, to the point of beginning.
new text end

Sec. 5. new text begin ADDITION TO STATE FOREST.
new text end

new text begin [89.021][Subd. 48a.] Snake River State Forest. The following area is added to the
Snake River State Forest: Section 23, Township 42 North, Range 23 West.
new text end

Sec. 6. new text begin PUBLIC OR PRIVATE SALE OF SURPLUS STATE LAND BORDERING
PUBLIC WATER; CROW WING 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 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 Crow Wing County and is described as:
new text end

new text begin (1) that part of Government Lot 1 of Section 12, Township 44 North, Range 28
West, lying and being south of that certain stream or creek running from Borden Lake into
Mille Lacs Lake; subject to the right-of-way of existing highway, excepting therefrom that
part of said parcel lying easterly of said existing highway;
new text end

new text begin (2) that portion of Government Lots 2 and 3 of Section 12, Township 44 North,
Range 28 West, which lies between a line parallel to and 700 feet distant northwesterly
from the following described line:
new text end

new text begin From a point on the east line of said Section 12, distant 1,385.9 feet South of the
northeast corner thereof, run southwesterly at an angle of 36 degrees 10 minutes
with said east section line for a distance of 244 feet; thence deflect to the left at an
angle of 2 degrees 27 minutes for a distance of 1,522.8 feet; thence deflect to the
left at an angle of 16 degrees 19 minutes for a distance of 550 feet to the point
of beginning of line to be described; thence continue southwesterly along the last
above-described course for a distance of 35.7 feet; thence deflect to the right on
a 3 degree 00 minute curve, delta angle 17 degrees 10 minutes for a distance of
572.2 feet; thence on tangent to said curve for a distance of 907.1 feet and there
terminating. Subject to the easement on that portion taken by the Department of
Highways, State of Minnesota, for highway purposes; and
new text end

new text begin (3) that portion of Government Lots 2 and 3 of Section 12, Township 44 North,
Range 28 West, which lies between two lines parallel with and distant 700 feet and 775
feet northwesterly of the following described line:
new text end

new text begin From a point on the east line of said Section 12, distant 1,385.9 feet South of the
northeast corner thereof, run southwesterly at an angle of 36 degrees 10 minutes with
said east section line for a distance of 244 feet; thence deflect to the left at an angle
of 2 degrees 27 minutes for a distance of 1,522.8 feet; thence deflect to the left at an
angle of 16 degrees 19 minutes for a distance of 550 feet to the point of beginning of
line to be described; thence continue southwesterly along the last above-described
course for a distance of 35.7 feet; thence deflect to the right on a 3 degree 00 minute
curve, delta angle 17 degrees 10 minutes for a distance of 572.2 feet; thence on
tangent to said curve for a distance of 907.1 feet and there terminating.
new text end

new text begin Containing 24.7 acres, more or less.
new text end

new text begin (d) The land borders the Garrison Creek diversion channel that drains into Mille
Lacs Lake. The Department of Natural Resources has determined that the land is no
longer needed for fisheries production and that the state's land management interests
would best be served if the land were sold. The strip of land east of Highway 169 and
bordering Mille Lacs Lake will be retained for natural resources purposes.
new text end

Sec. 7. new text begin PRIVATE SALE OF SURPLUS STATE LAND BORDERING PUBLIC
WATER; DAKOTA 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.
new text end

new text begin (c) The land that may be sold is located in Dakota County and is described as: all
that part of Government Lot One, Section 25, Township 114 North, Range 21 West of the
5th Principal Meridian and Sullivan's First Addition to Marion Heights as surveyed and
platted by J. E. Hill, September 23, 1910, and on file with the Register of Deeds Office,
Dakota County, Minnesota, bounded by the following described lines: beginning on the
north quarter line of said section, 433.0 feet South of the north quarter corner thereof;
thence North 57 degrees 00 minutes East, 291.2 feet; thence North 63 degrees 05 minutes
East, 404.9 feet; thence South 78 degrees 30 minutes East, 329.9 feet; thence South 73
degrees 50 minutes East, 227.3 feet; thence South 24 degrees 54 minutes West, 193.3 feet;
thence South 08 degrees 57 minutes West, 134.0 feet; thence South 09 degrees 25 minutes
East, 161.1 feet; thence North 89 degrees 30 minutes West, 292.9 feet; thence North 50
degrees 13 minutes West, 209.8 feet; thence North 87 degrees 31 minutes West, 87.5 feet;
thence South 45 degrees 35 minutes West, 189.6 feet; thence South 83 degrees 11 minutes
West, 261.7 feet; thence North 68 degrees 06 minutes West, 146.8 feet to the north quarter
line of said Section 25; thence North 00 degrees 32 minutes East, 222.3 feet along the
north quarter line of said section to the point of beginning. Including all riparian rights to
the contained 11.21 acres more or less and subject to existing road easements.
new text end

new text begin (d) The land borders Marion Lake, with a portion of the land flooded due to control
of lake elevation. 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 inclusion
in a city park.
new text end

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

new text begin (c) The land that may be sold is located in Dakota County and is described as: Block
9, Lots 6, 7, and 8; Block 10, Lots 4, 5, 6, 7, and 8; Block 11, Lots 5, 6, 7, 8, 9, 14, 15, 16,
17, 18, 19, and 27; Block 12, Lots 1, 2, and 3; Block 13, Lots 1, 2, 3, 4, 10, 11, 12, and 14;
Block 15, Lots 14, 15, 16, and 17; Block 18, Lots 1, 2, 3, 4, 5, 6, and 7; Block 7, Lots
5 and 10, all lying in Lyndale Lakes Club Second Addition, Section 11, Township 114,
Range 21, containing approximately 4.4 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 resources 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 public use.
new text end

Sec. 9. new text begin EXCHANGE OF STATE LAND WITHIN RICHARD J. DORER
MEMORIAL HARDWOOD STATE FOREST; FILLMORE 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 land described in paragraph (b).
new text end

new text begin (b) The state land that may be exchanged is located in Fillmore County and is
described as:
new text end

new text begin (1) that part of the Southeast Quarter of the Southeast Quarter of Section 12,
Township 104 North, Range 11 West, lying southerly of the Root River; and
new text end

new text begin (2) that part of the Southwest Quarter of the Southwest Quarter of Section 7,
Township 104 North, Range 10 West, lying southerly of the Root River. Containing a
total of 21.3 acres, more or less.
new text end

new text begin (c) The state land borders the Root River, but there is no land access to the state land.
The land to be acquired in the exchange will improve access to adjacent state forest lands.
new text end

Sec. 10. new text begin PRIVATE SALE OF SURPLUS STATE LAND BORDERING PUBLIC
WATER; LAC QUI PARLE 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.
new text end

new text begin (c) The land that may be sold is located in Lac Qui Parle County and is described
as: that part of the Southwest Quarter of the Northeast Quarter of Section 30, Township
118, Range 42, described as follows: commencing at the southeast corner of the Northeast
Quarter of said Section 30; thence on an assumed bearing of South 89 degrees 52 minutes
06 seconds West, along the south line of said Northeast Quarter, a distance of 1,323.46 feet
to the point of beginning of the land to be described; thence continue South 89 degrees 52
minutes 06 seconds West, along said south line, a distance of 627.00 feet (38 rods); thence
North 35 degrees 12 minutes 45 seconds West, a distance of 346.50 feet; thence North 05
degrees 00 minutes 14 seconds East, a distance of 239.25 feet; thence North 14 degrees 01
minutes 33 seconds East, a distance of 198.00 feet; thence North 88 degrees 11 minutes 39
seconds East, a distance of 34 feet, to the centerline of the Lac Qui Parle River; thence
northeasterly and southeasterly, along the centerline of said river to intersect a line that
bears North 00 degrees 48 minutes 00 seconds West from the point of beginning; thence
South 00 degrees 48 minutes 00 seconds East, a distance of 762 feet, to the point of
beginning. Containing a total of 15.66 acres, more or less.
new text end

new text begin (d) The land borders the Lac Qui Parle 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 inclusion in a county park.
new text end