4th Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:46am
Engrossments | ||
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Introduction | Posted on 03/02/2009 | |
1st Engrossment | Posted on 03/19/2009 | |
2nd Engrossment | Posted on 03/19/2009 | |
3rd Engrossment | Posted on 04/29/2009 | |
4th Engrossment | Posted on 05/20/2009 |
Unofficial Engrossments | ||
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2nd Unofficial Engrossment | Posted on 05/18/2009 |
Committee Engrossments | ||
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1st Committee Engrossment | Posted on 04/22/2009 |
Conference Committee Reports | ||
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CCR-HF1237 | Posted on 05/18/2009 |
A bill for an act
relating to natural resources; modifying certain definitions; modifying wild rice
provisions; providing for off-highway vehicle forfeiture; modifying off-highway
motorcycle, all-terrain vehicle, and watercraft operating provisions; modifying
state park permit requirements; eliminating liquor service at John A. Latsch
State Park; modifying cost-share program; modifying commissioner's authority;
modifying state trails and establishing a new state trail; providing for certain
public hearings; providing for placement of a veterans cemetery; providing for
establishment of boater waysides; providing for appeals and enforcement of
certain civil penalties; modifying Water Law; providing certain exemptions from
local ordinances; approving consumptive use of water for certain uses; classifying
data; modifying refund provisions; modifying publication requirements;
modifying restrictions in migratory feeding and resting areas; modifying game
and fish laws; modifying wild animal and fish taking, possession, and licensing
requirements; authorizing certain fees; modifying certain fees and accounts;
authorizing acquisition of and granting of certain easements; modifying
management authority for and apportionment of proceeds from the sale of
tax-forfeited lands; adding to and deleting from certain state parks; authorizing
public and private sales and exchanges of state land; modifying previously
enacted land descriptions and sales authorization; requiring wind energy lease;
requiring increase in appraised estimates for timber sales; requiring forest
lease pilot project; requiring rulemaking and modifying rulemaking authority;
providing criminal penalties; appropriating money; amending Minnesota Statutes
2008, sections 13.7931, by adding a subdivision; 17.4981; 17.4988, subdivision
3; 84.027, subdivision 13; 84.0273; 84.105; 84.66, subdivision 2; 84.788,
subdivision 11; 84.793, subdivision 1; 84.798, subdivision 10; 84.82, subdivision
11; 84.83, subdivision 3; 84.92, subdivision 8; 84.922, subdivision 12; 84.928,
subdivision 1a; 85.0115; 85.015, subdivisions 2, 13, by adding a subdivision;
85.053, subdivision 3; 85.054, by adding subdivisions; 85.055, subdivision 1;
86A.05, by adding a subdivision; 86A.08, subdivision 1; 86A.09, subdivision 1;
86B.311, by adding a subdivision; 86B.415, subdivision 11; 97A.015, by adding
a subdivision; 97A.051, subdivision 2; 97A.075, subdivisions 1, 5; 97A.095,
subdivision 2; 97A.137, by adding subdivisions; 97A.321; 97A.331, subdivision
2; 97A.405, subdivision 4; 97A.421, subdivision 1; 97A.441, subdivision 7;
97A.445, subdivision 1, by adding a subdivision; 97A.451, subdivision 2,
by adding a subdivision; 97A.465, subdivision 1b; 97A.473, subdivision 1,
by adding subdivisions; 97A.4742, subdivision 1; 97A.475, subdivisions 2,
3, 7, 11, 12, 29; 97A.525, subdivision 1; 97B.035, subdivision 2; 97B.045,
subdivision 2, by adding a subdivision; 97B.051; 97B.055, subdivision 3;
97B.081; 97B.086; 97B.111, subdivision 1; 97B.328, subdivision 3; 97B.651;
97B.811, subdivisions 2, 3; 97B.931, subdivision 1; 97C.081, subdivisions 2, 3,
4, 6, 9; 97C.335; 97C.345, subdivision 2; 97C.355, subdivision 2; 97C.371, by
adding a subdivision; 97C.375; 97C.395, subdivision 1; 103B.101, subdivisions
1, 2; 103B.3355; 103B.3369, subdivision 5; 103C.501, subdivisions 2, 4, 5, 6;
103F.321, by adding a subdivision; 103F.505; 103F.511, subdivisions 5, 8a, by
adding a subdivision; 103F.515, subdivisions 1, 4, 5, 6; 103F.521, subdivision
1; 103F.525; 103F.526; 103F.531; 103F.535, subdivision 5; 103G.201; 282.04,
subdivision 1; Laws 1996, chapter 407, section 32, subdivision 3; Laws 2007,
chapter 131, article 2, section 38; Laws 2008, chapter 368, article 1, sections 21,
subdivisions 4, 5; 34; article 2, section 25; proposing coding for new law in
Minnesota Statutes, chapters 84; 97B; 97C; repealing Minnesota Statutes 2008,
sections 84.796; 84.805; 84.929; 85.0505, subdivision 2; 97A.525, subdivision
2; 97B.301, subdivisions 7, 8; 97C.405; 103B.101, subdivision 11; 103F.511,
subdivision 4; 103F.521, subdivision 2; Minnesota Rules, parts 8400.3130;
8400.3160; 8400.3200; 8400.3230; 8400.3330; 8400.3360; 8400.3390;
8400.3500; 8400.3530; 8400.3560.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2008, section 84.027, subdivision 13, is amended to read:
(a) The commissioner of natural resources may
adopt rules under sections 97A.0451 to 97A.0459 and this subdivision that are authorized
under:
(1) chapters 97A, 97B, and 97C to set open seasons and areas, to close seasons and
areas, to select hunters for areas, to provide for tagging and registration of game and fish, to
prohibit or allow taking of wild animals to protect a species, to prevent or control wildlife
disease, new text begin to open or close bodies of water or portions of bodies of water for night bow
fishing, new text end and to prohibit or allow importation, transportation, or possession of a wild animal;
(2) sections 84.093, 84.15, and 84.152 to set seasons for harvesting wild ginseng
roots and wild rice and to restrict or prohibit harvesting in designated areas; and
(3) section 84D.12 to designate prohibited invasive species, regulated invasive
species, unregulated nonnative species, and infested waters.
(b) If conditions exist that do not allow the commissioner to comply with sections
97A.0451 to 97A.0459, the commissioner may adopt a rule under this subdivision
by submitting the rule to the attorney general for review under section 97A.0455,
publishing a notice in the State Register and filing the rule with the secretary of state and
the Legislative Coordinating Commission, and complying with section 97A.0459, and
including a statement of the emergency conditions and a copy of the rule in the notice. new text begin The
emergency conditions for opening a water body or portion of a water body for night bow
fishing under this section may include the need to temporarily open the area to evaluate
compatibility of the activity on that body of water prior to permanent rulemaking. new text end The
notice may be published after it is received from the attorney general or five business days
after it is submitted to the attorney general, whichever is earlier.
(c) Rules adopted under paragraph (b) are effective upon publishing in the State
Register and may be effective up to seven days before publishing and filing under
paragraph (b), if:
(1) the commissioner of natural resources determines that an emergency exists;
(2) the attorney general approves the rule; and
(3) for a rule that affects more than three counties the commissioner publishes the
rule once in a legal newspaper published in Minneapolis, St. Paul, and Duluth, or for a
rule that affects three or fewer counties the commissioner publishes the rule once in a legal
newspaper in each of the affected counties.
(d) Except as provided in paragraph (e), a rule published under paragraph (c), clause
(3), may not be effective earlier than seven days after publication.
(e) A rule published under paragraph (c), clause (3), may be effective the day the
rule is published if the commissioner gives notice and holds a public hearing on the rule
within 15 days before publication.
(f) The commissioner shall attempt to notify persons or groups of persons affected
by rules adopted under paragraphs (b) and (c) by public announcements, posting, and
other appropriate means as determined by the commissioner.
(g) Notwithstanding section 97A.0458, a rule adopted under this subdivision is
effective for the period stated in the notice but not longer than 18 months after the rule is
adopted.
Minnesota Statutes 2008, section 84.105, is amended to read:
Ripe wild rice may be harvested from deleted text begin Julydeleted text end new text begin Augustnew text end 15 to September 30.
Minnesota Statutes 2008, section 84.66, subdivision 2, is amended to read:
For the purpose of this section, the following terms have
the meanings given:
(1) "forest land" has the meaning given under section 89.001, subdivision 4;
(2) "forest resources" has the meaning given under section 89.001, subdivision 8;
(3) "guidelines" has the meaning given under section 89A.01, subdivision 8;
(4) "riparian land" has the meaning given under section 103F.511, subdivision deleted text begin 8adeleted text end new text begin
8bnew text end ; and
(5) "working forest land" means land that provides a broad range of goods and
services, including forest products, recreation, fish and wildlife habitat, clean air and
water, and carbon sequestration.
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(a) Except as provided in paragraph (b), a person who violates a provision of
sections 84.773; 84.777; 84.788 to 84.795; 84.798 to 84.804; 84.90; or 84.922 to 84.928 or
rules of the commissioner relating to off-highway vehicle use is guilty of a misdemeanor.
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(b) A person is guilty of a gross misdemeanor if the person violates section 84.773,
subdivision 2, clause (2), and the person recklessly upsets the natural and ecological
balance of a wetland or public waters wetland.
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(c) A person is prohibited from operating an off-highway vehicle for a period of
one year if the person is:
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(1) convicted of a gross misdemeanor under paragraph (b);
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(2) convicted of or subject to a final order under section 84.775 for a violation of
the prohibition on the intentional operation on unfrozen public water, in a state park, in
a scientific and natural area, or in a wildlife management area under section 84.773,
subdivision 1, clause (3);
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(3) convicted of or is subject to a final order under section 84.775 for a violation of
the prohibition on the willful, wanton, or reckless disregard for the safety of persons or
property under section 84.773, subdivision 2, clause (1); or
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(4) convicted of or subject to a final order under section 84.775 for a violation of
the prohibition on carelessly upsetting the natural and ecological balance of a wetland or
public waters wetland under section 84.773, subdivision 2, clause (2).
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The commissioner shall notify the person of the time period during which the person
is prohibited from operating an off-highway vehicle.
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This section is effective August 1, 2009, and applies to crimes
committed on or after that date.
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(a) As used in this section, the following terms have
the meanings given them.
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(b) "Appropriate agency" means a law enforcement agency that has the authority
to make an arrest for a violation of a designated offense.
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(c) "Claimant" means an owner of an off-highway vehicle or a person claiming a
leasehold or security interest in an off-highway vehicle.
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(d) "Designated offense" means a second gross misdemeanor violation under section
84.774, paragraph (b).
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(e) "Family or household member" means:
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(1) a parent, stepparent, or guardian;
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(2) any of the following persons related by blood, marriage, or adoption: brother,
sister, stepbrother, stepsister, first cousin, aunt, uncle, nephew, niece, grandparent,
great-grandparent, great-uncle, or great-aunt; or
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(3) persons residing together or persons who regularly associate and communicate
with one another outside of a workplace setting.
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(f) "Off-highway vehicle" and "vehicle" do not include an off-highway vehicle that
is stolen or taken in violation of the law.
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(g) "Owner" means a person legally entitled to possession, use, and control of an
off-highway vehicle, including a lessee of an off-highway vehicle if the lease agreement
has a term of 180 days or more. There is a rebuttable presumption that a person registered
as the owner of an off-highway vehicle according to the records of the Department of
Public Safety or the Department of Natural Resources is the legal owner. For purposes
of this section, if an off-highway vehicle is owned jointly by two or more people, each
owner's interest extends to the whole of the vehicle and is not subject to apportionment.
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(h) "Prosecuting authority" means the attorney in the jurisdiction in which the
designated offense occurred, or a designee, who is responsible for prosecuting violations of
a designated offense. If a state agency initiated the forfeiture and the attorney responsible
for prosecuting the designated offense declines to pursue forfeiture, the attorney general's
office, or its designee, may initiate forfeiture under this section.
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(i) "Security interest" means a bona fide security interest perfected according to
section 168A.17, subdivision 2, based on a loan or other financing that, if an off-highway
vehicle is required to be registered under chapter 168, is listed on the vehicle's title.
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(a) An off-highway vehicle subject to forfeiture under this
section may be seized by the appropriate agency upon process issued by any court having
jurisdiction over the vehicle.
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(b) Property may be seized without process if:
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(1) the seizure is incident to a lawful arrest or a lawful search;
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(2) the vehicle subject to seizure has been the subject of a prior judgment in favor of
the state in a criminal injunction or forfeiture proceeding under this section; or
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(3) the appropriate agency has probable cause to believe that the delay occasioned by
the necessity to obtain process would result in the removal or destruction of the vehicle.
If property is seized without process under this clause, the prosecuting authority must
institute a forfeiture action under this section as soon as is reasonably possible by serving
a notice of seizure and intent to forfeit at the address of the owner as listed in the records
of the Department of Public Safety or Department of Natural Resources.
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All right, title, and
interest in an off-highway vehicle subject to forfeiture under this section vests in the
appropriate agency upon commission of the conduct resulting in the designated offense
giving rise to the forfeiture. Any vehicle seized under this section is not subject to
replevin, but is deemed to be in the custody of the appropriate agency subject to the orders
and decrees of the court having jurisdiction over the forfeiture proceedings. When an
off-highway vehicle is seized under this section, the appropriate agency may:
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(1) place the vehicle under seal;
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(2) remove the vehicle to a place designated by the agency;
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(3) place a disabling device on the vehicle; and
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(4) take other steps reasonable and necessary to secure the vehicle and prevent waste.
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If the owner of an off-highway vehicle
that has been seized under this section seeks possession of the vehicle before the forfeiture
action is determined, the owner may, subject to the approval of the appropriate agency,
give security or post bond payable to the appropriate agency in an amount equal to the
retail value of the seized vehicle. On posting the security or bond, the seized vehicle may
be returned to the owner. The forfeiture action must proceed against the security as if it
were the seized vehicle.
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Certified copies of court records and off-highway vehicle and
driver's records concerning prior incidents are admissible as substantive evidence where
necessary to prove the commission of a designated offense.
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An off-highway vehicle is subject to
forfeiture under this section if it was used in the commission of a designated offense.
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(a) An off-highway
vehicle is presumed subject to forfeiture under this section if the driver:
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(1) is convicted of the designated offense upon which the forfeiture is based; or
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(2) fails to appear for a scheduled court appearance with respect to the designated
offense charged and fails to voluntarily surrender within 48 hours after the time required
for appearance.
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(b) An off-highway vehicle encumbered by a security interest perfected according
to section 168A.17, subdivision 2, or subject to a lease that has a term of 180 days or
more, is subject to the interest of the secured party or lessor unless the party or lessor had
knowledge of or consented to the act upon which the forfeiture is based. However, when
the proceeds of the sale of a seized vehicle do not equal or exceed the outstanding loan
balance, the appropriate agency shall remit all proceeds of the sale to the secured party
after deducting the agency's costs for the seizure, tow, storage, forfeiture, and sale of the
vehicle. If the sale of the vehicle is conducted in a commercially reasonable manner
consistent with section 336.9-610, the agency is not liable to the secured party for any
amount owed on the loan in excess of the sale proceeds. The validity and amount of a
nonperfected security interest must be established by its holder by clear and convincing
evidence.
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(c) Notwithstanding paragraph (b), the secured party's or lessor's interest in an
off-highway vehicle is not subject to forfeiture based solely on the secured party's or
lessor's knowledge of the act or omission upon which the forfeiture is based if the secured
party or lessor demonstrates by clear and convincing evidence that the party or lessor took
reasonable steps to terminate use of the vehicle by the offender.
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(d) An off-highway vehicle is not subject to forfeiture under this section if its owner
can demonstrate by clear and convincing evidence that the owner did not have actual
or constructive knowledge that the vehicle would be used or operated in any manner
contrary to law or that the owner took reasonable steps to prevent use of the vehicle by
the offender. If the offender is a family or household member of the owner and has three
or more prior off-highway vehicle convictions, the owner is presumed to know of any
vehicle use by the offender that is contrary to law.
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(a) An off-highway vehicle used to
commit a designated offense is subject to administrative forfeiture under this subdivision.
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(b) When an off-highway vehicle is seized under subdivision 2, or within a
reasonable time after seizure, the appropriate agency shall serve the driver or operator
of the vehicle with a notice of the seizure and intent to forfeit the vehicle. Additionally,
when an off-highway vehicle is seized under subdivision 2, or within a reasonable time
after that, all persons known to have an ownership, possessory, or security interest in the
vehicle must be notified of the seizure and the intent to forfeit the vehicle. For those
vehicles required to be registered under chapter 168, the notification to a person known to
have a security interest in the vehicle is required only if the vehicle is registered under
chapter 168 and the interest is listed on the vehicle's title. Notice mailed by certified mail
to the address shown in Department of Public Safety records is sufficient notice to the
registered owner of the vehicle. For off-highway vehicles not required to be registered
under chapter 168, notice mailed by certified mail to the address shown in the applicable
filing or registration for the vehicle is sufficient notice to a person known to have an
ownership, possessory, or security interest in the vehicle. Otherwise, notice may be given
in the manner provided by law for service of a summons in a civil action.
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(c) The notice must be in writing and contain:
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(1) a description of the vehicle seized;
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(2) the date of the seizure; and
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(3) notice of the right to obtain judicial review of the forfeiture and of the procedure
for obtaining that judicial review, printed in English, Hmong, and Spanish. Substantially,
the following language must appear conspicuously: "IF YOU DO NOT DEMAND
JUDICIAL REVIEW EXACTLY AS PRESCRIBED IN MINNESOTA STATUTES,
SECTION 84.7741, SUBDIVISION 8, YOU LOSE THE RIGHT TO A JUDICIAL
DETERMINATION OF THIS FORFEITURE AND YOU LOSE ANY RIGHT YOU
MAY HAVE TO THE ABOVE-DESCRIBED PROPERTY. YOU MAY NOT HAVE TO
PAY THE FILING FEE FOR THE DEMAND IF DETERMINED YOU ARE UNABLE
TO AFFORD THE FEE. IF THE PROPERTY IS WORTH $7,500 OR LESS, YOU MAY
FILE YOUR CLAIM IN CONCILIATION COURT. YOU DO NOT HAVE TO PAY
THE CONCILIATION COURT FILING FEE IF THE PROPERTY IS WORTH LESS
THAN $500."
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(d) Within 30 days following service of a notice of seizure and forfeiture under this
subdivision, a claimant may file a demand for a judicial determination of the forfeiture.
The demand must be in the form of a civil complaint and must be filed with the court
administrator in the county in which the seizure occurred, together with proof of service of
a copy of the complaint on the prosecuting authority having jurisdiction over the forfeiture
and the standard filing fee for civil actions unless the petitioner has the right to sue in
forma pauperis under section 563.01. If the value of the seized property is $7,500 or less,
the claimant may file an action in conciliation court for recovery of the seized vehicle. A
copy of the conciliation court statement of claim must be served personally or by mail on
the prosecuting authority having jurisdiction over the forfeiture within 30 days following
service of the notice of seizure and forfeiture under this subdivision. If the value of the
seized property is less than $500, the claimant does not have to pay the conciliation court
filing fee. No responsive pleading is required of the prosecuting authority and no court
fees may be charged for the prosecuting authority's appearance in the matter. Pleadings,
filings, and methods of service are governed by the Rules of Civil Procedure.
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(e) The complaint must be captioned in the name of the claimant as plaintiff and
the seized vehicle as defendant and must state with specificity the grounds on which the
claimant alleges the vehicle was improperly seized, the claimant's interest in the vehicle
seized, and any affirmative defenses the claimant may have. Notwithstanding any law to
the contrary, an action for the return of an off-highway vehicle seized under this section
may not be maintained by or on behalf of any person who has been served with a notice of
seizure and forfeiture unless the person has complied with this subdivision.
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(f) If the claimant makes a timely demand for a judicial determination under this
subdivision, the forfeiture proceedings must be conducted according to subdivision 9.
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(a) This subdivision governs judicial
determinations of the forfeiture of an off-highway vehicle used to commit a designated
offense. An action for forfeiture is a civil in rem action and is independent of any criminal
prosecution. All proceedings are governed by the Rules of Civil Procedure.
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(b) If no demand for judicial determination of the forfeiture is pending, the
prosecuting authority may, in the name of the jurisdiction pursuing the forfeiture, file a
separate complaint against the vehicle, describing it, specifying that it was used in the
commission of a designated offense, and specifying the time and place of its unlawful use.
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(c) The prosecuting authority may file an answer to a properly served demand
for judicial determination, including an affirmative counterclaim for forfeiture. The
prosecuting authority is not required to file an answer.
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(d) A judicial determination under this subdivision must not precede adjudication in
the criminal prosecution of the designated offense without the consent of the prosecuting
authority. The district court administrator shall schedule the hearing as soon as practicable
after adjudication in the criminal prosecution. The district court administrator shall
establish procedures to ensure efficient compliance with this subdivision. The hearing is
to the court without a jury.
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(e) There is a presumption that an off-highway vehicle seized under this section is
subject to forfeiture if the prosecuting authority establishes that the vehicle was used in
the commission of a designated offense. A claimant bears the burden of proving any
affirmative defense raised.
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(f) If the forfeiture is based on the commission of a designated offense and the person
charged with the designated offense appears in court as required and is not convicted of
the offense, the court shall order the property returned to the person legally entitled to it
upon that person's compliance with the redemption requirements of subdivision 12.
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(g) If the lawful ownership of the vehicle used in the commission of a designated
offense can be determined and the owner makes the demonstration required under
subdivision 7, paragraph (d), the vehicle must be returned immediately upon the owner's
compliance with the redemption requirements of subdivision 12.
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(h) If the court orders the return of a seized vehicle under this subdivision, it must
order that filing fees be reimbursed to the person who filed the demand for judicial
determination. In addition, the court may order sanctions under section 549.211. Any
reimbursement fees or sanctions must be paid from other forfeiture proceeds of the law
enforcement agency and prosecuting authority involved and in the same proportion as
distributed under subdivision 10, paragraph (b).
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(a) If the vehicle is administratively
forfeited under subdivision 8, or if the court finds under subdivision 9 that the vehicle is
subject to forfeiture under subdivisions 6 and 7, the appropriate agency shall:
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(1) sell the vehicle and distribute the proceeds under paragraph (b); or
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(2) keep the vehicle for official use. If the agency keeps a forfeited off-highway
vehicle for official use, the agency shall make reasonable efforts to ensure that the
off-highway vehicle is available for use by the agency's officers who participate in
off-highway vehicle enforcement or education programs.
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(b) The proceeds from the sale of forfeited vehicles, after payment of seizure,
towing, storage, forfeiture, and sale expenses and satisfaction of valid liens against the
property, must be distributed as follows:
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(1) 70 percent of the proceeds must be forwarded to the appropriate agency for
deposit as a supplement to the state or local agency's operating fund or similar fund for use
in purchasing equipment for off-highway vehicle enforcement, training, and education; and
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(2) 30 percent of the money or proceeds must be forwarded to the prosecuting
authority that handled the forfeiture for deposit as a supplement to its operating fund or
similar fund for prosecutorial purposes.
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(a) A financial institution
with a valid security interest in or a valid lease covering a forfeited off-highway vehicle
may choose to dispose of the vehicle under this subdivision, in lieu of the appropriate
agency disposing of the vehicle under subdivision 10. A financial institution wishing to
dispose of an off-highway vehicle under this subdivision shall notify the appropriate
agency of its intent, in writing, within 30 days after receiving notice of the seizure and
forfeiture. The appropriate agency shall release the vehicle to the financial institution or
its agent after the financial institution presents proof of its valid security agreement or of
its lease agreement and the financial institution agrees not to sell the vehicle to a family or
household member of the violator, unless the violator is not convicted of the offense on
which the forfeiture is based. The financial institution shall dispose of the vehicle in a
commercially reasonable manner as defined in section 336.9-610.
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(b) After disposing of the forfeited vehicle, the financial institution shall reimburse
the appropriate agency for its seizure, storage, and forfeiture costs. The financial
institution may then apply the proceeds of the sale to its storage costs, to its sale
expenses, and to satisfy the lien or the lease on the vehicle. If any proceeds remain, the
financial institution shall forward the proceeds to the state treasury, which shall credit the
appropriate fund as specified in subdivision 10.
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(a) If an off-highway vehicle is seized by a
peace officer for a designated offense, the seized vehicle must be released only:
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(1) to the registered owner, a person authorized by the registered owner, a lienholder
of record, or a person who has purchased the vehicle from the registered owner who
provides proof of ownership of the vehicle;
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(2) if the vehicle is subject to a rental or lease agreement, to a renter or lessee who
provides a copy of the rental or lease agreement; or
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(3) to an agent of a towing company authorized by a registered owner if the owner
provides proof of ownership of the vehicle.
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(b) The proof of ownership or, if applicable, the copy of the rental or lease agreement
required under paragraph (a) must be provided to the law enforcement agency seizing the
vehicle or to a person or entity designated by the law enforcement agency to receive
the information.
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(c) No law enforcement agency, local unit of government, or state agency is
responsible or financially liable for any storage fees incurred due to a seizure under this
section.
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This section is effective August 1, 2009, and applies to crimes
committed on or after that date.
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Minnesota Statutes 2008, section 84.793, subdivision 1, is amended to read:
(a) After January 1, 1995, a
person less than 16 years of age operating an off-highway motorcycle on public lands
or waters must possess a valid off-highway motorcycle safety certificate issued by the
commissioner.
(b) Except for operation on public road rights-of-way that is permitted under section
84.795, subdivision 1, a driver's license issued by the state or another state is required to
operate an off-highway motorcycle along or on a public road right-of-way.
(c) A person under 12 years of age may not:
(1) make a direct crossing of a public road right-of-way;
(2) operate an off-highway motorcycle on a public road right-of-way in the state; or
(3) operate an off-highway motorcycle on public lands or waters unless accompanied
deleted text begin on another off-highway motorcycledeleted text end by a person 18 years of age or oldernew text begin or participating in
an event for which the commissioner has issued a special use permitnew text end .
(d) Except for public road rights-of-way of interstate highways, a person less than 16
years of age may make a direct crossing of a public road right-of-way of a trunk, county
state-aid, or county highway only if that person is accompanied deleted text begin on another off-highway
motorcycledeleted text end by a person 18 years of age or older who holds a valid driver's license.
(e) A person less than 16 years of age may operate an off-highway motorcycle on
public road rights-of-way in accordance with section 84.795, subdivision 1, paragraph
(a), only if that person is accompanied deleted text begin on another off-highway motorcycledeleted text end by a person 18
years of age or older who holds a valid driver's license.
Minnesota Statutes 2008, section 84.83, subdivision 3, is amended to read:
The money deposited in the account and
interest earned on that money may be expended only as appropriated by law for the
following purposes:
(1) for a grant-in-aid program to counties and municipalities for construction and
maintenance of snowmobile trails, including maintenance of trails on lands and waters of
Voyageurs National Parkdeleted text begin ,deleted text end new text begin ;new text end on Lake of the Woodsdeleted text begin ,deleted text end new text begin ;new text end on Rainy Lakedeleted text begin , anddeleted text end new text begin ;new text end on the following
lakes in St. Louis County: Burntside, Crane, Little Long, Mud, Pelican, Shagawa, and
Vermilionnew text begin ; and on the following lakes in Cook County: Devil Track and Hungry Jacknew text end ;
(2) for acquisition, development, and maintenance of state recreational snowmobile
trails;
(3) for snowmobile safety programs; and
(4) for the administration and enforcement of sections 84.81 to 84.91 and
appropriated grants to local law enforcement agencies.
Minnesota Statutes 2008, section 84.92, subdivision 8, is amended to read:
"All-terrain vehicle" or "vehicle" means a
motorized flotation-tired vehicle of not less than three low pressure tires, but not more
than six tires, that is limited in engine displacement of less than deleted text begin 800deleted text end new text begin 960new text end cubic centimeters
and includes a class 1 all-terrain vehicle and class 2 all-terrain vehicle.
Minnesota Statutes 2008, section 84.928, subdivision 1a, is amended to read:
(a) An all-terrain vehicle may
make a direct crossing of a public road right-of-way provided:
(1) the crossing is made at an angle of approximately 90 degrees to the direction of
the road and at a place where no obstruction prevents a quick and safe crossing;
(2) the vehicle is brought to a complete stop before crossing the shoulder or
main-traveled way of the road;
(3) the driver yields the right-of-way to all oncoming traffic that constitutes an
immediate hazard;
(4) in crossing a divided road, the crossing is made only at an intersection of the
road with another public road; and
(5) if the crossing is made between the hours of one-half hour after sunset to
one-half hour before sunrise or in conditions of reduced visibility, only if both front and
rear lights are on.
(b) An all-terrain vehicle may be operated upon a bridge, other than a bridge that is
part of the main-traveled lanes of an interstate highway, or roadway shoulder or inside
bank of a public road right-of-way when required for the purpose of avoiding obstructions
to travel new text begin or environmentally sensitive areas new text end when no other method of avoidance is
possible; provided the all-terrain vehicle is operated in the extreme right-hand lane, the
entrance to the roadway is made within 100 feet of the bridge deleted text begin ordeleted text end new text begin ,new text end obstacle, new text begin or sensitive
area, new text end and the crossing is made without undue delay.
(c) A person shall not operate an all-terrain vehicle upon a public street or highway
unless the vehicle is equipped with at least one headlight and one taillight, each of
minimum candlepower as prescribed by rules of the commissioner, and with brakes
conforming to standards prescribed by rule of the commissioner, and all of which are
subject to the approval of the commissioner of public safety.
(d) An all-terrain vehicle may be operated upon a public road right-of-way other
than as provided by paragraph (b) in an emergency during the period of time when and at
locations where the condition of the roadway renders travel by automobile impractical.
(e) Chapters 169 and 169A apply to the operation of all-terrain vehicles upon streets
and highways, except for those provisions relating to required equipment and except those
provisions which by their nature have no application.
(f) A sled, trailer, or other device being towed by an all-terrain vehicle must be
equipped with reflective materials as required by rule of the commissioner.
(g) A driver's license is not required to operate an all-terrain vehicle along or on a
public road right-of-way if the right-of-way encompasses a trail administered by the
commissioner and designated for all-terrain vehicle use or multiple use.
(h) A road authority as defined in section 160.02, subdivision 25, may by permit
designate corridor access trails on public road rights-of-way for purposes of accessing
established all-terrain vehicle trails. A driver's license is not required to operate an
all-terrain vehicle on a designated corridor access trail.
Minnesota Statutes 2008, section 85.015, subdivision 2, is amended to read:
(a) The trail shall originate in Lake Shetek State Park in Murray County
and include the six-mile loop between Currie in Murray County and Lake Shetek State
Park. From there, the first half of the trail shall trail southwesterly to Slayton in Murray
County; thence westerly to the point of intersection with the most easterly terminus of
the state-owned abandoned railroad right-of-way, commonly known as the Casey Jones
unit; thence westerly along said Casey Jones unit to Pipestone in Pipestone County; thence
southwesterly to Split Rock Creek State Park in Pipestone Countydeleted text begin ,deleted text end new text begin ; thence southeasterly
to Blue Mounds State Park in Rock County; thence southerly to Luverne and Schoneman
Park in Rock County,new text end and there terminate. The second half of the trail shall commence
in Lake Shetek State Park in Murray County and trail northeasterly to Walnut Grove in
Redwood County; thence northeasterly to Redwood Falls in Redwood County to join with
the Minnesota River State Trail.
(b) The trail shall be developed as a multiuse, multiseasonal, dual treadway trail.
Nothing herein shall abrogate the purpose for which the Casey Jones unit was originally
established, and the use thereof shall be concurrent.
Minnesota Statutes 2008, section 85.015, is amended by adding a subdivision
to read:
new text begin
The trail shall originate in Jackson County at the Minnesota-Iowa border and
connect with the Dickinson Trail in Mini-Wakan State Park in Iowa. To the greatest extent
possible, the trail shall follow the Des Moines River Valley, extending northwesterly
through Jackson County to Kilen Woods State Park, through Cottonwood County, and into
Murray County. The trail shall terminate at Casey Jones Trail in Murray County.
new text end
Minnesota Statutes 2008, section 85.053, subdivision 3, is amended to read:
The commissioner shall
prescribe and issue deleted text begin second vehicledeleted text end new text begin multiple-vehicle new text end state park permits for persons who
own more than one motor vehicle and who request deleted text begin a seconddeleted text end new text begin thenew text end permit for deleted text begin the second
vehicledeleted text end new text begin additional vehiclesnew text end on a form prescribed by the commissioner. deleted text begin The commissioner
may issue an applicant only one second vehicle permit.
deleted text end
Minnesota Statutes 2008, section 85.054, is amended by adding a subdivision
to read:
new text begin
A state park permit is not required and a fee
may not be charged for motor vehicle entry or parking at the parking lot located adjacent
to John Latsch Road and Trunk Highway 61 at John A. Latsch State Park.
new text end
Minnesota Statutes 2008, section 85.054, is amended by adding a subdivision
to read:
new text begin
A state park permit is not
required and a fee may not be charged for motor vehicle entry or parking at Greenleaf
Lake State Recreation Area.
new text end
Minnesota Statutes 2008, section 85.054, is amended by adding a subdivision
to read:
new text begin
A state park permit is not required and a fee
may not be charged for vehicles transporting K-12 students engaged in school-sanctioned
activities at state parks.
new text end
Minnesota Statutes 2008, section 85.055, subdivision 1, is amended to read:
The fee for state park permits for:
(1) an annual use of state parks is $25;
(2) a second new text begin or subsequent new text end vehicle state park permit is $18;
(3) a state park permit valid for one day is $5;
(4) a daily vehicle state park permit for groups is $3;
(5) an annual permit for motorcycles is $20;
(6) an employee's state park permit is without charge; and
(7) a state park permit for disabled persons under section 85.053, subdivision 7,
clauses (1) and (2), is $12.
The fees specified in this subdivision include any sales tax required by state law.
Minnesota Statutes 2008, section 86A.05, is amended by adding a subdivision
to read:
new text begin
(a) Boater waysides may be established to provide
for public use.
new text end
new text begin
(b) No unit shall be authorized as a state boater wayside unless its proposed location
substantially satisfies the following criteria:
new text end
new text begin
(1) contains resources that are desirable for use by boaters;
new text end
new text begin
(2) is accessible by persons traveling by boat, canoe, or kayak; and
new text end
new text begin
(3) may be near, associated with, or located within a unit of the outdoor recreation
system under this section.
new text end
new text begin
(c) State boater waysides shall be administered by the commissioner of natural
resources in a manner that is consistent with the purpose of this subdivision. Facilities
for sanitation, picnicking, overnight mooring, camping, fishing, and swimming may be
provided when the commissioner determines that these activities are justifiable and
compatible with the resources and the natural environment.
new text end
Minnesota Statutes 2008, section 86A.08, subdivision 1, is amended to read:
A unit of the outdoor
recreation system may be authorized wholly or partially within the boundaries of another
unit only when the authorization is consistent with the purposes and objectives of the
respective unitsnew text begin .new text end deleted text begin and only in the instances permitted below:
deleted text end
deleted text begin
(a) The following units may be authorized wholly or partially within a state park:
historic site, scientific and natural area, wilderness area, wild, scenic, and recreational
river, trail, rest area, aquatic management area, and water access site.
deleted text end
deleted text begin
(b) The following units may be authorized wholly or partially within a state
recreation area: historic site, scientific and natural area, wild, scenic, and recreational river,
trail, rest area, aquatic management area, wildlife management area, and water access site.
deleted text end
deleted text begin
(c) The following units may be authorized wholly or partially within a state forest:
state park, state recreation area, historic site, wildlife management area, scientific and
natural area, wilderness area, wild, scenic, and recreational river, trail, rest area, aquatic
management area, and water access site.
deleted text end
deleted text begin
(d) The following units may be authorized wholly or partially within a state historic
site: wild, scenic, and recreational river, trail, rest area, aquatic management area, and
water access site.
deleted text end
deleted text begin
(e) The following units may be authorized wholly or partially within a state wildlife
management area: state water access site and aquatic management area.
deleted text end
deleted text begin
(f) The following units may be authorized wholly or partially within a state wild,
scenic, or recreational river: state park, historic site, scientific and natural area, wilderness
area, trail, rest area, aquatic management area, and water access site.
deleted text end
deleted text begin
(g) The following units may be authorized wholly or partially within a state rest
area: historic site, trail, wild, scenic, and recreational river, aquatic management area,
and water access site.
deleted text end
deleted text begin
(h) The following units may be authorized wholly or partially within an aquatic
management area: historic site, scientific and natural area, wild, scenic, and recreational
river, and water access site.
deleted text end
Minnesota Statutes 2008, section 86A.09, subdivision 1, is amended to read:
No construction of new facilities or other
development of an authorized unit, other than repairs and maintenance, shall commence
until the managing agency has prepared and submitted to the commissioner of natural
resources and the commissioner has reviewed, pursuant to this section, a master plan for
administration of the unit in conformity with this section. No master plan is required for
wildlife management areas that do not have resident managers, for water access sites, for
aquatic management areas, deleted text begin ordeleted text end for rest areasnew text begin , or for boater waysidesnew text end .
Minnesota Statutes 2008, section 86B.311, is amended by adding a subdivision
to read:
new text begin
When
approaching and passing a law enforcement watercraft with its emergency lights
activated, the operator of a watercraft must safely move the watercraft away from the law
enforcement watercraft and maintain a slow-no wake speed while within 150 feet of
the law enforcement watercraft.
new text end
Minnesota Statutes 2008, section 97A.321, is amended to read:
The owner of a dog that
pursues but does not kill a big game animal is subject to a civil penalty of $100 for each
violation. The owner of a dog that kills a big game animal is subject to a civil penalty of
$500 for each violation.
new text begin
Civil penalties under this section may be appealed according to
procedures in section 116.072, subdivision 6, if the person requests a hearing by notifying
the commissioner in writing within 15 days after receipt of the citation. If a hearing
is not requested within the 15-day period, the civil penalty becomes a final order not
subject to further review.
new text end
new text begin
Civil penalties under this section may be enforced according
to section 116.072, subdivisions 9 and 10.
new text end
new text begin
Penalty amounts shall be remitted to the
commissioner within 30 days of issuance of the penalty notice and shall be deposited in
the game and fish fund.
new text end
new text begin
A licensed peace officer may, at any time, take any protected wild animal that is
posing an immediate threat to public safety. A peace officer who destroys a protected wild
animal under this section must protect all evidence and report the taking to a conservation
officer as soon as practicable, but no later than 48 hours after the animal is destroyed.
new text end
Minnesota Statutes 2008, section 103B.101, subdivision 1, is amended to read:
The Board of Water and Soil Resources is composed
of deleted text begin 12deleted text end new text begin 15 appointednew text end members knowledgeable of water and soil problems and conditions
within the state and five ex officio members.
Minnesota Statutes 2008, section 103B.101, subdivision 2, is amended to read:
(a) The members are:
(1) three county commissioners;
(2) three soil and water conservation district supervisors;
(3) three watershed district or watershed management organization representatives;
(4) three citizens who are not employed by, or the appointed or elected officials of,
a governmental office, board, or agency;
new text begin
(5) one township officer;
new text end
new text begin
(6) two elected city officials, one of whom must be from a city located in the
metropolitan area, as defined under section 473.121, subdivision 2;
new text end
deleted text begin (5)deleted text end new text begin (7)new text end the commissioner of agriculture;
deleted text begin (6)deleted text end new text begin (8)new text end the commissioner of health;
deleted text begin (7)deleted text end new text begin (9)new text end the commissioner of natural resources;
deleted text begin (8)deleted text end new text begin (10)new text end the commissioner of the Pollution Control Agency; and
deleted text begin (9)deleted text end new text begin (11)new text end the director of the University of Minnesota Extension Service.
(b) Members in paragraph (a), clauses (1) to deleted text begin (4)deleted text end new text begin (6)new text end , must be distributed across
the state with at least deleted text begin threedeleted text end new text begin fournew text end members but not more than deleted text begin fivedeleted text end new text begin sixnew text end members from the
metropolitan area, as defined by section 473.121, subdivision 2; and one from each of the
current soil and water conservation administrative regions.
(c) Members in paragraph (a), clauses (1) to deleted text begin (4)deleted text end new text begin (6)new text end , are appointed by the governor.
In making the appointments, the governor may consider persons recommended by
the Association of Minnesota Counties,new text begin the Minnesota Association of Townships, the
League of Minnesota Cities,new text end the Minnesota Association of Soil and Water Conservation
Districts, and the Minnesota Association of Watershed Districts. The list submitted by an
association must contain at least three nominees for each position to be filled.
(d) The membership terms, compensation, removal of members and filling of
vacancies on the board for members in paragraph (a), clauses (1) to deleted text begin (4)deleted text end new text begin (6)new text end , are as provided
in section 15.0575.
Minnesota Statutes 2008, section 103B.3355, is amended to read:
(a) The public values of wetlands must be determined based upon the functions of
wetlands for:
(1) water quality, including filtering of pollutants to surface and groundwater,
utilization of nutrients that would otherwise pollute public waters, trapping of sediments,
shoreline protection, and utilization of the wetland as a recharge area for groundwater;
(2) floodwater and stormwater retention, including the potential for flooding in
the watershed, the value of property subject to flooding, and the reduction in potential
flooding by the wetland;
(3) public recreation and education, including hunting and fishing areas, wildlife
viewing areas, and nature areas;
(4) commercial uses, including wild rice and cranberry growing and harvesting
and aquaculture;
(5) fish, wildlife, native plant habitats;
(6) low-flow augmentation; deleted text begin and
deleted text end
(7)new text begin carbon sequestration; and
new text end
new text begin (8)new text end other public uses.
(b) The Board of Water and Soil Resources, in consultation with the commissioners
of natural resources and agriculture and local government units, shall adopt rules
establishing:
(1) scientific methodologies for determining the functions of wetlands; and
(2) criteria for determining the resulting public values of wetlands.
(c) The methodologies and criteria established under this section or other
methodologies and criteria that include the functions in paragraph (a) and are approved
by the board, in consultation with the commissioners of natural resources and agriculture
and local government units, must be used to determine the functions and resulting public
values of wetlands in the state. The functions listed in paragraph (a) are not listed in
order of priority.
(d) Public value criteria established or approved by the board under this section do
not apply in areas subject to local comprehensive wetland protection and management
plans established under section 103G.2243.
(e) The Board of Water and Soil Resources, in consultation with the commissioners
of natural resources and agriculture and local government units, may identify regions of
the state where preservation, enhancement, restoration, and establishment of wetlands
would have high public value. The board, in consultation with the commissioners, may
identify high priority wetland regions using available information relating to the factors
listed in paragraph (a). The board shall notify local units of government with water
planning authority of these high priority regions.
new text begin
This section is effective August 1, 2009, and applies to
rulemaking that begins after that date.
new text end
Minnesota Statutes 2008, section 103B.3369, subdivision 5, is amended to
read:
A base grant may be awarded to a county that deleted text begin leviesdeleted text end new text begin
provides a match utilizing a water implementation tax or other local source.new text end A water
implementation taxnew text begin that a county intends to use as a match to the base grant must be leviednew text end
at a ratedeleted text begin , which shall bedeleted text end determined by the board. The minimum amount of the water
implementation tax shall be a tax rate times the adjusted net tax capacity of the county for
the preceding year. The rate shall be the rate, rounded to the nearest .001 of a percent,
that, when applied to the adjusted net tax capacity for all counties, raises the amount of
$1,500,000. The base grant will be in an amount equal to $37,500 less the amount raised
by deleted text begin that levydeleted text end new text begin the local matchnew text end . If the amount necessary to implement the local water plan for
the county is less than $37,500, the amount of the base grant shall be the amount that,
when added to the deleted text begin levydeleted text end new text begin matchnew text end amount, equals the amount required to implement the plan.
For counties where the tax rate generates an amount equal to or greater than $18,750, the
base grant shall be in an amount equal to $18,750.
Minnesota Statutes 2008, section 103C.501, subdivision 2, is amended to read:
deleted text begin (a)deleted text end A district board requesting funds of the
state board must submit an application in a form prescribed by the board containing:
(1) a comprehensive plan;
(2) an annual work plan; and
(3) an application for cost-sharing funds.
deleted text begin
(b) The comprehensive and annual work plans must be completed as provided in
section 103C.331, subdivision 11. After review of the district's comprehensive plan, the
state board must approve the comprehensive plan with necessary amendments or reject
the plan.
deleted text end
Minnesota Statutes 2008, section 103C.501, subdivision 4, is amended to read:
(a) The state board shall allocate at least 70 percent
of cost-sharing funds to areas with high priority erosion, sedimentation, or water quality
problemsnew text begin or water quantity problems due to altered hydrologynew text end . The areas must be
selected based on the statewide priorities established by the state board. The allocated
funds must be used for conservation practices for high priority problems identified in the
comprehensive and annual work plans of the districts.
(b) The remaining cost-sharing funds may be allocated to districts as follows:
(1) for technical and administrative assistance, not more than 20 percent of the
funds; and
(2) for conservation practices for lower priority erosion, sedimentation, or water
quality problems.
Minnesota Statutes 2008, section 103C.501, subdivision 5, is amended to read:
(a) A district board may contract on a cost-share
basis to furnish financial aid to a land occupier or to a state agency for permanent systems
for erosion or sedimentation control or water quality deleted text begin improvementdeleted text end new text begin or water quantity
improvementsnew text end that are consistent with the district's comprehensive and annual work plans.
(b) The duration of the contract must, at a minimum, be the time required to
complete the planned systems. A contract must specify that the land occupier is liable for
monetary damages and penalties in an amount up to 150 percent of the financial assistance
received from the district, for failure to complete the systems or practices in a timely
manner or maintain the systems or practices as specified in the contract.
(c) A contract may provide for cooperation or funding with federal agencies. A land
occupier or state agency may provide the cost-sharing portion of the contract through
services in kind.
(d) The state board or the district board may not furnish any financial aid for
practices designed only to increase land productivity.
(e) When a district board determines that long-term maintenance of a system or
practice is desirable, the board may require that maintenance be made a covenant upon
the land for the effective life of the practice. A covenant under this subdivision shall be
construed in the same manner as a conservation restriction under section 84.65.
Minnesota Statutes 2008, section 103C.501, subdivision 6, is amended to read:
(a) The state board new text begin may adopt rules and new text end shall adopt
deleted text begin rulesdeleted text end new text begin policiesnew text end prescribing:
(1) procedures and criteria for allocating funds for cost-sharing contracts;
(2) standards and guidelines for cost-sharing contracts;
(3) the scope and content of district comprehensive plans, plan amendments, and
annual work plans;
(4) standards and methods necessary to plan and implement a priority cost-sharing
program, including guidelines to identify high priority erosion, sedimentation, and water
quality problemsnew text begin and water quantity problems due to altered hydrologynew text end ;
(5) the share of the cost of conservation practices to be paid from cost-sharing
funds; and
(6) requirements for districts to document their efforts to identify and contact land
occupiers with high priority deleted text begin erosiondeleted text end problems.
(b) The rules may provide that cost-sharing may be used for deleted text begin farmsteaddeleted text end windbreaks
and shelterbelts for the purposes of energy conservation and snow protection.
Minnesota Statutes 2008, section 103F.505, is amended to read:
It is the purpose of sections 103F.505 to 103F.531 to deleted text begin keepdeleted text end new text begin restorenew text end certain marginal
agricultural land deleted text begin out of crop productiondeleted text end new text begin and protect environmentally sensitive areasnew text end to
deleted text begin protectdeleted text end new text begin enhancenew text end soil and water qualitynew text begin , minimize damage to flood-prone areas, sequester
carbon,new text end and supportnew text begin native plant,new text end fishnew text begin ,new text end and wildlife deleted text begin habitatdeleted text end new text begin habitatsnew text end . It is state policy to
encourage thenew text begin restoration of wetlands and riparian lands and promote thenew text end retirement of
marginal, highly erodible land, particularly land adjacent to public waters, drainage
systems, wetlands, and locally designated priority watersdeleted text begin , from crop production and to
reestablish a cover of perennial vegetationdeleted text end .
Minnesota Statutes 2008, section 103F.511, subdivision 5, is amended to read:
"Drained wetland" means a former natural wetland that
has been altered by draining, dredging, filling, leveling, or other manipulation sufficient
to render the land suitable for agricultural crop production. deleted text begin The alteration must have
occurred before December 23, 1985, and must be a legal alteration as determined by the
commissioner of natural resources.
deleted text end
Minnesota Statutes 2008, section 103F.511, is amended by adding a
subdivision to read:
new text begin
"Reinvest in Minnesota
reserve program" means the program established under section 103F.515.
new text end
Minnesota Statutes 2008, section 103F.511, subdivision 8a, is amended to read:
"Riparian land" means lands adjacent to public
waters, drainage systems, wetlands, or locally designated priority waters deleted text begin identified in a
comprehensive local water plan, as defined in section 103B.3363, subdivision 3deleted text end .
Minnesota Statutes 2008, section 103F.515, subdivision 1, is amended to read:
The board, in consultation with the
commissioner of agriculture and the commissioner of natural resources, shall establish
and administer deleted text begin a conservationdeleted text end new text begin the reinvest in Minnesotanew text end reserve program. The board
shall implement sections 103F.505 to 103F.531. Selection of land for the deleted text begin conservationdeleted text end new text begin
reinvest in Minnesotanew text end reserve program must be based on itsnew text begin enhancementnew text end potential for
fish deleted text begin anddeleted text end new text begin ,new text end wildlife deleted text begin productiondeleted text end new text begin , and native plant habitatsnew text end , reducing erosion, and protecting
water quality.
Minnesota Statutes 2008, section 103F.515, subdivision 4, is amended to read:
(a) A conservation easement must
prohibit:
(1) alteration of wildlife habitat and other natural features, unless specifically
approved by the board;
(2) agricultural crop productionnew text begin and livestock grazingnew text end , unless specifically approved
by the board for deleted text begin wildlifedeleted text end new text begin conservationnew text end management purposesnew text begin or extreme droughtnew text end ;new text begin and
new text end
deleted text begin
(3) grazing of livestock except, for agreements entered before the effective date of
Laws 1990, chapter 391, grazing of livestock may be allowed only if approved by the
board after consultation with the commissioner of natural resources, in the case of severe
drought, or a local emergency declared under section 12.29; and
deleted text end
deleted text begin (4)deleted text end new text begin (3)new text end spraying with chemicals or mowing, exceptnew text begin :new text end
new text begin (i) new text end as necessary to comply with noxious weed control laws deleted text begin ordeleted text end new text begin ;
new text end
new text begin (ii) fornew text end emergency control of pests necessary to protect public healthnew text begin ; or
new text end
new text begin (iii) as approved by the board for conservation management purposesnew text end .
(b) A conservation easement is subject to the terms of the agreement provided in
subdivision 5.
(c) A conservation easement must allow repairs, improvements, and inspections
necessary to maintain public drainage systems provided the easement area is restored to
the condition required by the terms of the conservation easement.
new text begin
(d) Notwithstanding paragraph (a), the board must permit the harvest of native
grasses for use in seed production or bioenergy on wellhead protection lands eligible
under subdivision 2, paragraph (d).
new text end
Minnesota Statutes 2008, section 103F.515, subdivision 4, is amended to read:
(a) A conservation easement must
prohibit:
(1) alteration of wildlife habitat and other natural features, unless specifically
approved by the board;
(2) agricultural crop productionnew text begin and livestock grazingnew text end , unless specifically approved
by the board for deleted text begin wildlifedeleted text end new text begin conservationnew text end management purposes new text begin or extreme droughtnew text end ;new text begin and
new text end
(3) deleted text begin grazing of livestock except, for agreements entered before the effective date of
Laws 1990, chapter 391, grazing of livestock may be allowed only if approved by the
board after consultation with the commissioner of natural resources, in the case of severe
drought, or a local emergency declared under section 12.29; and
deleted text end
deleted text begin (4)deleted text end spraying with chemicals or mowing, except as necessary to comply with noxious
weed control laws deleted text begin ordeleted text end new text begin , fornew text end emergency control of pests necessary to protect public healthnew text begin , or
as approved by the board for conservation management purposesnew text end .
(b) A conservation easement is subject to the terms of the agreement provided in
subdivision 5.
(c) A conservation easement must allow repairs, improvements, and inspections
necessary to maintain public drainage systems provided the easement area is restored to
the condition required by the terms of the conservation easement.
Minnesota Statutes 2008, section 103F.515, subdivision 5, is amended to read:
The board may enroll eligible land in the
deleted text begin conservationdeleted text end new text begin reinvest in Minnesotanew text end reserve program by signing an agreement in recordable
form with a landowner in which the landowner agrees:
(1) to convey to the state a conservation easement that is not subject to any prior
title, lien, or encumbrance;
(2) to seed the land subject to the conservation easement, as specified in the
agreement, to establish and maintain perennial cover of either a grass-legume mixture or
native grasses for the term of the easement, at seeding rates determined by the board; or
to plant trees or carry out other long-term capital improvements approved by the board
for soil and water conservation or wildlife management;
(3) to convey to the state a permanent easement for the wetland restoration;
(4) that other land supporting natural vegetation owned or leased as part of the
same farm operation at the time of application, if it supports natural vegetation deleted text begin ordeleted text end new text begin andnew text end
has not been used in agricultural crop production, will not be converted to agricultural
crop production or pasture; and
(5) that the easement duration may be lengthened through mutual agreement with
the board in consultation with the commissioners of agriculture and natural resources
if they determine that the changes effectuate the purpose of the program or facilitate
its administration.
Minnesota Statutes 2008, section 103F.515, subdivision 6, is amended to read:
(a) The board deleted text begin must make the followingdeleted text end new text begin shall establish rates
fornew text end payments to the landowner for the conservation easement and deleted text begin agreement:deleted text end new text begin related
practices. The board shall consider market factors, including the township average
equalized estimated market value of property as established by the commissioner of
revenue at the time of easement application.
new text end
deleted text begin
(1) to establish the perennial cover or other improvements required by the agreement:
deleted text end
deleted text begin
(i) except as provided in items (ii) and (iii), up to 75 percent of the total eligible cost
not to exceed $125 per acre for limited duration easements and 100 percent of the total
eligible cost not to exceed $150 per acre for perpetual easements;
deleted text end
deleted text begin
(ii) for native species restoration, 75 percent of the total eligible cost not to exceed
$200 per acre for limited duration easements and 100 percent of the total eligible cost not
to exceed $300 per acre for perpetual easements; and
deleted text end
deleted text begin
(iii) 100 percent of the total eligible cost of wetland restoration not to exceed $600
per acre;
deleted text end
deleted text begin
(2) for the cost of planting trees required by the agreement, up to 75 percent of the
total eligible cost not to exceed $250 per acre for limited duration easements, and 100
percent of the total eligible cost not to exceed $400 per acre for perpetual easements;
deleted text end
deleted text begin
(3) for a permanent easement, 70 percent of the township average equalized
estimated market value of agricultural property as established by the commissioner of
revenue at the time of easement application;
deleted text end
deleted text begin
(4) for an easement of limited duration, 90 percent of the present value of the
average of the accepted bids for the federal conservation reserve program, as contained in
Public Law 99-198, in the relevant geographic area and on bids accepted at the time of
easement application; or
deleted text end
deleted text begin
(5) an alternative payment system for easements based on cash rent or a similar
system as may be determined by the board.
deleted text end
deleted text begin
(b) For hillside pasture conservation easements, the payments to the landowner in
paragraph (a) for the conservation easement and agreement must be reduced to reflect the
value of similar property.
deleted text end
deleted text begin (c)deleted text end new text begin (b)new text end The board may establish a payment system for flowage easements acquired
under this section.
deleted text begin (d)deleted text end new text begin (c)new text end For wetland restoration projects involving more than one conservation
easement, state payments for restoration costs may exceed the limits set deleted text begin forth in this sectiondeleted text end new text begin
by the boardnew text end for an individual easement provided the total payment for the restoration
project does not exceed the amount payable for the total number of acres involved.
deleted text begin (e)deleted text end new text begin (d)new text end The board may use available nonstate funds to exceed the payment limits
in this section.
Minnesota Statutes 2008, section 103F.521, subdivision 1, is amended to read:
In implementing sections 103F.505 to 103F.531, the
board must share information and cooperate with the Department of Agriculture, the
Department of Natural Resources, the Pollution Control Agency, the United States Fish
and Wildlife Service, deleted text begin the Agricultural Stabilization and Conservation Service and Soil
Conservation Service ofdeleted text end the United States Department of Agriculture, the Minnesota
Extension Service, the University of Minnesota, county boards,new text begin soil and water conservation
districts, watershed districts,new text end and interested private organizations and individuals.
Minnesota Statutes 2008, section 103F.525, is amended to read:
The board may supplement payments made under federal land retirement programs
to the extent of available appropriations deleted text begin other than bond proceedsdeleted text end . The supplemental
payments must be used to establish perennial cover on land enrolled or increase payments
for land enrollment in programs approved by the boarddeleted text begin , including the federal conservation
reserve program and federal and state water bank programdeleted text end .
Minnesota Statutes 2008, section 103F.526, is amended to read:
The boarddeleted text begin , in cooperation with the commissioner of natural resources,deleted text end may authorize
wildlife food plots on land deleted text begin with windbreaksdeleted text end new text begin enrolled in a conservation easement under
section 103F.515new text end .
Minnesota Statutes 2008, section 103F.531, is amended to read:
The board may adopt rulesnew text begin or policynew text end to implement sections 103F.505 to 103F.531.
deleted text begin The rules must include standards for tree planting so that planting does not conflict with
existing electrical lines, telephone lines, rights-of-way, or drainage ditches.
deleted text end
Minnesota Statutes 2008, section 103F.535, subdivision 5, is amended to read:
Conservation
easements deleted text begin existing under this section, as of April 30, 1992,deleted text end may be altered, released,
or terminated by the board deleted text begin of Water and Soil Resourcesdeleted text end after consultation with the
commissioners of agriculture and natural resources. The board may alter, release, or
terminate a conservation easement only if the board determines that the public interest and
general welfare are better served by the alteration, release, or termination.
Minnesota Statutes 2008, section 103G.201, is amended to read:
(a) The commissioner shall deleted text begin preparedeleted text end new text begin maintain new text end a public waters inventory map of each
county that shows the waters of this state that are designated as public waters under the
public waters inventory and classification procedures prescribed under Laws 1979, chapter
199new text begin , and shall provide access to a copy of the maps and listsnew text end . deleted text begin Thedeleted text end new text begin As county new text end public waters
inventory deleted text begin map for each county must be filed withdeleted text end new text begin maps and lists are revised according to
this section, the commissioner shall send a notification or a copy of the maps and lists
tonew text end the auditor of deleted text begin thedeleted text end new text begin each affected new text end county.
(b) The commissioner is authorized to revise the list of public waters established
under Laws 1979, chapter 199, to reclassify those types 3, 4, and 5 wetlands previously
identified as public waters wetlands under Laws 1979, chapter 199, as public waters or as
wetlands under section 103G.005, subdivision 19. The commissioner may only reclassify
public waters wetlands as public waters if:
(1) they are assigned a shoreland management classification by the commissioner
under sections 103F.201 to 103F.221;
(2) they are classified as lacustrine wetlands or deepwater habitats according to
Classification of Wetlands and Deepwater Habitats of the United States (Cowardin,
et al., 1979 edition); or
(3) the state or federal government has become titleholder to any of the beds or
shores of the public waters wetlands, subsequent to the preparation of the public waters
inventory map filed with the auditor of the county, pursuant to paragraph (a), and the
responsible state or federal agency declares that the water is necessary for the purposes
of the public ownership.
(c) The commissioner must provide notice of the reclassification to the local
government unit, the county board, the watershed district, if one exists for the area, and
the soil and water conservation district. Within 60 days of receiving notice from the
commissioner, a party required to receive the notice may provide a resolution stating
objections to the reclassification. If the commissioner receives an objection from a party
required to receive the notice, the reclassification is not effective. If the commissioner does
not receive an objection from a party required to receive the notice, the reclassification
of a wetland under paragraph (b) is effective 60 days after the notice is received by all
of the parties.
(d) The commissioner shall give priority to the reclassification of public waters
wetlands that are or have the potential to be affected by public works projects.
(e) The commissioner may revise the public waters inventory map and list of each
county:
(1) to reflect the changes authorized in paragraph (b); and
(2) as needed, to:
(i) correct errors in the original inventory;
(ii) add or subtract trout stream tributaries within sections that contain a designated
trout stream following written notice to the landowner;
(iii) add depleted quarries, and sand and gravel pits, when the body of water exceeds
50 acres and the shoreland has been zoned for residential development; and
(iv) add or subtract public waters that have been created or eliminated as a
requirement of a permit authorized by the commissioner under section 103G.245.
new text begin
Pursuant to Minnesota Statutes, section 103G.265, subdivision 3, the legislature
approves of the consumptive use of water under a permit of more than 2,000,000 gallons
per day average in a 30-day period in St. Louis County, in connection with snowmaking,
subject to the commissioner of natural resources making a determination that the water
remaining in the basin of origin will be adequate to meet the basin's need for water and
approval by the commissioner of natural resources of all applicable permits.
new text end
new text begin
The commissioner of natural resources shall work with Friends of the Casey Jones
Trail in planning and developing the extension of the Casey Jones Trail.
new text end
new text begin
The commissioner of natural resources shall work with Friends of the Jackson
County Trails in planning and developing the Des Moines River Valley Trail.
new text end
new text begin
Notwithstanding Minnesota Statutes, section 84.15, subdivision 1, until December
31, 2009, the commissioner of natural resources may, by posting, restrict or prohibit the
harvesting of wild rice on public waters based on the stage of ripeness of the wild rice
stands in the waters.
new text end
new text begin
(a) The revisor of statutes shall change the term "conservation reserve program" to
"reinvest in Minnesota reserve program" where it appears in Minnesota Statutes, sections
84.95, subdivision 2; 92.70, subdivision 1; and 103H.105.
new text end
new text begin
(b) In each section of Minnesota Statutes referred to in column A, the revisor of
statutes shall delete the reference in column B and insert the reference in column C.
new text end
new text begin
Column A new text end |
new text begin
Column B new text end |
new text begin
Column C new text end |
new text begin
84.777 new text end |
new text begin
84.805 new text end |
new text begin
84.804 new text end |
new text begin
84.777 new text end |
new text begin
84.929 new text end |
new text begin
84.928 new text end |
new text begin
84.787, subd. 1 new text end |
new text begin
84.796 new text end |
new text begin
84.795 new text end |
new text begin
84.788, subd. 9 new text end |
new text begin
84.796 new text end |
new text begin
84.795 new text end |
new text begin
84.791, subd. 4 new text end |
new text begin
84.796 new text end |
new text begin
84.795 new text end |
new text begin
84.794, subd. 2 new text end |
new text begin
84.796 new text end |
new text begin
84.795 new text end |
new text begin
84.795, subd. 8 new text end |
new text begin
84.796 new text end |
new text begin
84.795 new text end |
new text begin
84.797, subd. 1 new text end |
new text begin
84.805 new text end |
new text begin
84.804 new text end |
new text begin
84.798, subd. 8 new text end |
new text begin
84.805 new text end |
new text begin
84.804 new text end |
new text begin
84.804, subd. 6 new text end |
new text begin
84.805 new text end |
new text begin
84.804 new text end |
new text begin
84.92, subd. 1 new text end |
new text begin
84.929 new text end |
new text begin
84.928 new text end |
new text begin
84.922, subd. 9 new text end |
new text begin
84.929 new text end |
new text begin
84.928 new text end |
new text begin
84.925, subd. 3 new text end |
new text begin
84.929 new text end |
new text begin
84.928 new text end |
new text begin
84.9256, subd. 4 new text end |
new text begin
84.929 new text end |
new text begin
84.928 new text end |
new text begin
84.927, subd. 2 new text end |
new text begin
84.929 new text end |
new text begin
84.928 new text end |
new text begin
84.928, subd. 1 new text end |
new text begin
84.929 new text end |
new text begin
84.928 new text end |
new text begin
84.928, subd. 6 new text end |
new text begin
84.929 new text end |
new text begin
84.928 new text end |
new text begin
$20,000 is appropriated from the natural resources fund to the commissioner of
natural resources for the start-up costs of the off-highway vehicle administrative forfeiture
processes. Of this amount, $15,000 is from the all-terrain vehicle account; $3,000 is from
the off-highway motorcycle account; and $2,000 is from the off-road vehicle account.
This is a onetime appropriation.
new text end
new text begin
(a)
new text end
new text begin
Minnesota Statutes 2008, sections 84.796; 84.805; 84.929; 85.0505, subdivision
2; 103B.101, subdivision 11; 103F.511, subdivision 4; and 103F.521, subdivision 2,
new text end
new text begin
are
repealed.
new text end
new text begin
(b) Minnesota Rules, parts 8400.3130; 8400.3160; 8400.3200; 8400.3230;
8400.3330; 8400.3360; 8400.3390; 8400.3500; 8400.3530; and 8400.3560,
new text end
new text begin
are repealed.
new text end
Minnesota Statutes 2008, section 13.7931, is amended by adding a
subdivision to read:
new text begin
Data on individuals created, collected,
stored, or maintained by the department for the purposes of obtaining a noncommercial
game and fish license, cross-country ski pass, horse trail pass, or snowmobile trail sticker;
registering a recreational motor vehicle; or any other electronic licensing transaction are
classified under section 84.0874.
new text end
new text begin
This section is effective March 1, 2010.
new text end
Minnesota Statutes 2008, section 17.4981, is amended to read:
(a) Aquatic farms are licensed to culture private aquatic life. Cultured aquatic life
is not wildlife. Aquatic farms must be licensed and given classifications to prevent or
minimize impacts on natural resources. The purpose of sections 17.4981 to 17.4997 is to:
(1) prevent public aquatic life from entering an aquatic farm;
(2) prevent release of nonindigenous or exotic species into public waters without
approval of the commissioner;
(3) protect against release of disease pathogens to public waters;
(4) protect existing natural aquatic habitats and the wildlife dependent on them; and
(5) protect private aquatic life from unauthorized taking or harvest.
(b) Private aquatic life that is legally acquired and possessed is an article of interstate
commerce and may be restricted only as necessary to protect state fish and water resources.
(c) The commissioner of natural resources shall establish license and other fees as
provided in section 16A.1285, subdivision 2, that would make aquaculture licensing
and enforcement self-sustaining. new text begin Notwithstanding section 16A.1283, the commissioner
may, by written order published in the State Register, establish the fees required by this
section. The fees are not subject to the rulemaking provisions of chapter 14, and section
14.386 does not apply. new text end The commissioner shall develop best management practices for
aquaculture to ensure the long-term sustainability of aquaculture and wetlands used for
aquaculture, including, but not limited to, fish farming in man-made ponds.
Minnesota Statutes 2008, section 17.4988, subdivision 3, is amended to read:
new text begin Notwithstanding section 16A.1283, new text end the
commissioner may, by written order published in the State Register, establish fees for the
services listed in clauses (1) to (3)new text begin and the additional fee required under subdivision 2,
paragraph (a)new text end . The fees must be set in an amount that does not recover significantly more
or less than the cost of providing the service. The fees are not subject to the rulemaking
provisions of chapter 14 and section 14.386 does not apply. The services covered under
this provision include:
(1) initial inspection of each water to be licensed;
(2) fish health inspection and certification, including initial tissue sample collection,
basic fish health assessment, viral pathogen testing, and bacteriological testing; and
(3) initial inspection for containment and quarantine facility inspections.
new text begin
The following data created, collected, stored, or maintained by the department for
purposes of obtaining a noncommercial game and fish license, cross-country ski pass,
horse trail pass, or snowmobile trail sticker; registering a recreational motor vehicle; or
any other electronic licensing transaction are private data on individuals as defined in
section 13.02, subdivision 12: name, addresses, driver's license number, and date of
birth. The data may be disclosed for law enforcement purposes. The data, other than the
driver's license number, may be disclosed to a government entity and for natural resources
management purposes, including recruitment, retention, and training certification and
verification.
new text end
new text begin
This section is effective March 1, 2010.
new text end
Minnesota Statutes 2008, section 84.788, subdivision 11, is amended to read:
The commissioner may issue a refund on a registration, not
including any issuing fees paid under subdivision 3, paragraph (e), or section 84.027,
subdivision 15, paragraph (a), clause (3), if the refund request is received within deleted text begin 12
monthsdeleted text end new text begin 60 daysnew text end of the original registrationnew text begin , the registration is not used or transferred,new text end and:
(1) the off-highway motorcycle was registered incorrectly deleted text begin by the commissioner
or the deputy registrardeleted text end ; or
(2) the off-highway motorcycle was registered twice, once by the dealer and once by
the customer.
Minnesota Statutes 2008, section 84.798, subdivision 10, is amended to read:
The commissioner may issue a refund on a registration, not
including any issuing fees paid under subdivision 3, paragraph (b), or section 84.027,
subdivision 15, paragraph (a), clause (3), if the refund request is received within deleted text begin 12
monthsdeleted text end new text begin 60 daysnew text end of the original registration deleted text begin and the vehicle was registered incorrectly by
the commissioner or the deputy registrar.deleted text end new text begin , the registration is not used or transferred, and:
new text end
new text begin
(1) the off-road vehicle was registered incorrectly; or
new text end
new text begin
(2) the off-road vehicle was registered twice, once by the dealer and once by the
customer.
new text end
Minnesota Statutes 2008, section 84.82, subdivision 11, is amended to read:
The commissioner may issue a refund on a registration, not
including any issuing fees paid under subdivision 2, paragraph (e), or section 84.027,
subdivision 15, paragraph (a), clause (3), if the refund request is received within deleted text begin 12
monthsdeleted text end new text begin 60 daysnew text end of the original registrationnew text begin , the registration is not used or transferred,new text end and:
(1) the snowmobile was registered incorrectly deleted text begin by the commissioner or the deputy
registrardeleted text end ; or
(2) the snowmobile was registered twice, once by the dealer and once by the
customer.
Minnesota Statutes 2008, section 84.922, subdivision 12, is amended to read:
The commissioner may issue a refund on a registration, not
including any issuing fees paid under subdivision 2, paragraph (e), or section 84.027,
subdivision 15, paragraph (a), clause (3), if the refund request is received within deleted text begin 12
monthsdeleted text end new text begin 60 daysnew text end of the original registrationnew text begin , the registration is not used or transferred,new text end and:
(1) the vehicle was registered incorrectly deleted text begin by the commissioner or the deputy
registrardeleted text end ; or
(2) the vehicle was registered twice, once by the dealer and once by the customer.
Minnesota Statutes 2008, section 86B.415, subdivision 11, is amended to read:
The commissioner may issue a refund on a license or title, not
including any issuing fees paid under subdivision 8 or section 84.027, subdivision 15,
paragraph (a), clause (3), or 86B.870, subdivision 1, paragraph (b), if the refund request
is received within deleted text begin 12 monthsdeleted text end new text begin 60 daysnew text end of the original license or titlenew text begin , the license or title
is not used or transferred,new text end and:
(1) the watercraft was licensed or titled incorrectly deleted text begin by the commissioner or the
deputy registrardeleted text end ;
(2) the customer was incorrectly charged a title fee; or
(3) the watercraft was licensed or titled twice, once by the dealer and once by the
customer.
Minnesota Statutes 2008, section 97A.015, is amended by adding a
subdivision to read:
new text begin
"Bow fishing" means taking rough fish by archery where
the arrows are tethered or controlled by an attached line.
new text end
Minnesota Statutes 2008, section 97A.051, subdivision 2, is amended to read:
(a) The commissioner shall prepare a
summary of the hunting and fishing laws and rules and deliver a sufficient supply to
deleted text begin county auditorsdeleted text end new text begin license vendorsnew text end to furnish one copy to each person obtaining a hunting,
fishing, or trapping license.
(b) At the beginning of the summary, under the heading "Trespass," the
commissioner shall summarize the trespass provisions under sections 97B.001 to 97B.945,
state that conservation officers and peace officers must enforce the trespass laws, and
state the penalties for trespassing.
(c) In the summary the commissioner shall, under the heading "Duty to Render Aid,"
summarize the requirements under section 609.662 and state the penalties for failure to
render aid to a person injured by gunshot.
Minnesota Statutes 2008, section 97A.075, subdivision 1, is amended to read:
(a) For purposes of this
subdivision, "deer license" means a license issued under section 97A.475, subdivisions 2,
clauses (5), (6), (7), deleted text begin (11),deleted text end (13), new text begin (14), and new text end (15), deleted text begin (16), and (17),deleted text end and 3, clauses (2), (3), (4),
deleted text begin (9)deleted text end new text begin (10)new text end , (11), new text begin and new text end (12), deleted text begin and (13),deleted text end and licenses issued under section 97B.301, subdivision 4.
(b) $2 from each annual deer license and $2 annually from the lifetime fish and
wildlife trust fund, established in section 97A.4742, for each license issued under section
97A.473, subdivision 4, shall be credited to the deer management account and shall be
used for deer habitat improvement or deer management programs.
(c) $1 from each annual deer license and each bear license and $1 annually from
the lifetime fish and wildlife trust fund, established in section 97A.4742, for each license
issued under section 97A.473, subdivision 4, shall be credited to the deer and bear
management account and shall be used for deer and bear management programs, including
a computerized licensing system.
(d) Fifty cents from each deer license is credited to the emergency deer feeding
and wild cervidae health management account and is appropriated for emergency deer
feeding and wild cervidae health management. Money appropriated for emergency
deer feeding and wild cervidae health management is available until expended. When
the unencumbered balance in the appropriation for emergency deer feeding and wild
cervidae health management at the end of a fiscal year exceeds $2,500,000 for the first
time, $750,000 is canceled to the unappropriated balance of the game and fish fund.
The commissioner must inform the legislative chairs of the natural resources finance
committees every two years on how the money for emergency deer feeding and wild
cervidae health management has been spent.
Thereafter, when the unencumbered balance in the appropriation for emergency deer
feeding and wild cervidae health management exceeds $2,500,000 at the end of a fiscal
year, the unencumbered balance in excess of $2,500,000 is canceled and available for deer
and bear management programs and computerized licensing.
Minnesota Statutes 2008, section 97A.075, subdivision 5, is amended to read:
(a) $4.50 from each turkey license soldnew text begin , except youth
licenses under section 97A.475, subdivision 2, clause (4), and subdivision 3, clause (7),new text end
must be credited to the wild turkey management account. Money in the account may be
used only for:
(1) the development, restoration, and maintenance of suitable habitat for wild
turkeys on public and private land including forest stand improvement and establishment
of nesting cover, winter roost area, and reliable food sources;
(2) acquisitions of, or easements on, critical wild turkey habitat;
(3) reimbursement of expenditures to provide wild turkey habitat on public and
private land;
(4) trapping and transplantation of wild turkeys; and
(5) the promotion of turkey habitat development and maintenance, population
surveys and monitoring, and research.
(b) Money in the account may not be used for:
(1) costs unless they are directly related to a specific parcel of land under paragraph
(a), clauses (1) to (3), a specific trap and transplant project under paragraph (a), clause (4),
or to specific promotional or evaluative activities under paragraph (a), clause (5); or
(2) any permanent personnel costs.
Minnesota Statutes 2008, section 97A.095, subdivision 2, is amended to read:
The commissioner may, by rule,
designate any part of a lake as a migratory feeding and resting area. Before designation,
the commissioner must receive a petition signed by at least ten local resident licensed
hunters describing the area of a lake that is a substantial feeding or resting area for
migratory waterfowl, and find that the statements in the petition are correct, and that
adequate, free public access to the lake exists near the designated area. The commissioner
shall post the area as a migratory waterfowl feeding and resting area. Except as authorized
in rules adopted by the commissioner, a person may not enter a posted migratory waterfowl
feeding and resting area, during a period when hunting of migratory waterfowl is allowed,
with watercraft or aircraft propelled by a motor, other than an electric motor deleted text begin of less than
30 pounds thrustdeleted text end new text begin with battery power of 12 volts or lessnew text end . The commissioner may, by rule,
further restrict the use of electric motors in migratory waterfowl feeding and resting areas.
Minnesota Statutes 2008, section 97A.137, is amended by adding a
subdivision to read:
new text begin
(a) Except as provided in
paragraphs (c) and (d), wildlife management areas that are established according to section
86A.05, subdivision 8; designated under section 97A.133 or 97A.145; and 160 contiguous
acres or larger are exempt from local ordinances that limit the taking of game and fish or
vegetation management in the unit as authorized by state law.
new text end
new text begin
(b) Except as provided in paragraphs (c) and (d), wildlife management areas that
are established according to section 86A.05, subdivision 8; designated under section
97A.133 or 97A.145; and at least 40 contiguous acres and less than 160 contiguous acres
are exempt from local ordinances that:
new text end
new text begin
(1) restrict trapping;
new text end
new text begin
(2) restrict the discharge of archery equipment;
new text end
new text begin
(3) restrict the discharge of shotguns with shot sizes of F or .22 inch diameter or
smaller shot;
new text end
new text begin
(4) restrict noise;
new text end
new text begin
(5) require dogs on a leash; or
new text end
new text begin
(6) would in any manner restrict the management of vegetation in the unit as
authorized by state law.
new text end
Minnesota Statutes 2008, section 97A.137, is amended by adding a
subdivision to read:
new text begin
Prior to the Saturday on or nearest September 16, a
portable stand may be left overnight in a wildlife management area by a person with a
valid bear license who is hunting within 100 yards of a bear bait site that is legally tagged
and registered as prescribed under section 97B.425. Any person leaving a portable stand
overnight under this subdivision must affix the person's name and address to the stand in
such a manner that it can be read from the ground.
new text end
Minnesota Statutes 2008, section 97A.331, subdivision 2, is amended to read:
A person that violates section 97B.081, new text begin subdivision 1, new text end relating to
the use of an artificial light to locate wild animals deleted text begin while in possession of a firearm, bow, or
other implement capable of killing big gamedeleted text end is guilty of a gross misdemeanor.
Minnesota Statutes 2008, section 97A.405, subdivision 4, is amended to read:
(a) The commissioner may permit licensed deer
hunters to change zone, license, or season options. The commissioner may issue a
replacement license if the applicant submits the original deer license and unused tags that
are being replaced and the applicant pays any increase in cost between the original and
the replacement license. A refund of the difference in fees may be issued when a person
changes from a regular deer license to a youth deer license. deleted text begin When a person submits both
an archery and a firearms license for replacement, the commissioner may apply the value
of both licenses towards the replacement license fee.
deleted text end
(b) A replacement license may be issued only if the applicant has not used any
tag from the original license or licenses and meets the conditions of paragraph (c). The
original license or licenses and all unused tags for the licenses being replaced must be
submitted to the issuing agent at the time the replacement license is issued.
(c) A replacement license may be issued under the following conditions, or as
otherwise prescribed by rule of the commissioner:
(1) when the season for the license being surrendered has not yet opened;new text begin or
new text end
(2) when the person is deleted text begin upgrading from a regular firearms or archery deer license to
an all season deer license;
deleted text end
deleted text begin
(3) when the person is upgrading from a regular firearms license to a multizone
deer license; or
deleted text end
deleted text begin (4) when the person isdeleted text end changing from a regular deleted text begin firearmsdeleted text end deer license to a youth
deer license.
(d) Notwithstanding section 97A.411, subdivision 3, a replacement license is valid
immediately upon issuance if the license being surrendered is valid at that time.
Minnesota Statutes 2008, section 97A.421, subdivision 1, is amended to read:
(a) The annual license of a person convicted of a violation
of the game and fish laws relating to the license or wild animals covered by the license
is void when:
(1) a second conviction occurs within three years under a license to new text begin trap fur-bearing
animals, new text end take small game or to take fish by angling or spearing;
(2) a third conviction occurs within one year under a minnow dealer's license;
(3) a second conviction occurs within three years for violations of section 97A.425
that do not involve falsifications or intentional omissions of information required to be
recorded, or attempts to conceal unlawful acts within the records;
(4) two or more misdemeanor convictions occur within a three-year period under a
private fish hatchery license;
(5) the conviction occurs under a license not described in clause (1), (2), or (4) or is
for a violation of section 97A.425 not described in clause (3); or
(6) the conviction is related to assisting a person in the illegal taking, transportation,
or possession of wild animals, when acting as a hunting or angling guide.
(b) Except for big game licenses and as otherwise provided in this section, for one
year after the conviction the person may not obtain the kind of license or take wild
animals under a lifetime license, issued under section 97A.473 or 97A.474, relating to
the game and fish law violation.
Minnesota Statutes 2008, section 97A.441, subdivision 7, is amended to read:
(a) The commissioner may
issue, without a fee, a license to take an antlerless deer to a resident who is an owner or
tenant, or a nonresident who is an owner, of at least 80 acres of agricultural land, as
defined in section 97B.001, in deer permit areas that have deer archery licenses to take
additional deer under section 97B.301, subdivision 4. A person may receive only one
license per year under this subdivision. For properties with co-owners or cotenants, only
one co-owner or cotenant may receive a license under this subdivision per year. The
license issued under this subdivision is restricted to land leased for agricultural purposes
or owned by the holder of the license within the permit area where the qualifying land
is located. The holder of the license may transfer the license to the holder's spouse or
dependent. Notwithstanding sections 97A.415, subdivision 1, and 97B.301, subdivision
2, the holder of the license may purchase an additional license for taking deer and may
take an additional deer under that license.
(b) A person who obtains a license under paragraph (a) must allow public deer
hunting on their land during that deer hunting season, with the exception of the first
Saturday and Sunday during the deer hunting season applicable to the license issued under
section 97A.475, subdivision 2, deleted text begin clauses (4) and (13)deleted text end new text begin clause (5)new text end .
Minnesota Statutes 2008, section 97A.445, subdivision 1, is amended to read:
A resident deleted text begin over age 18deleted text end new text begin age
16 years or oldernew text end may take fish by angling without an angling or fish house license during
one three-day consecutive period of the open water angling season and one three-day
consecutive period of the ice angling season designated by rule of the commissioner
if accompanied by a child who is under age 16. The commissioner shall publicize the
three-day periods as "Take a Kid Fishing Weekend" for the open water angling season and
"Take a Kid Ice Fishing Weekend" for the ice angling season.
Minnesota Statutes 2008, section 97A.445, is amended by adding a
subdivision to read:
new text begin
A resident may take fish by angling without
an angling license when shore fishing or wading on state-owned land within a state park.
When angling from a boat or float, this subdivision applies only to those water bodies
completely encompassed within the statutory boundary of the state park. The exemption
from an angling license does not apply to waters where a trout stamp is required.
new text end
Minnesota Statutes 2008, section 97A.451, subdivision 2, is amended to read:
new text begin (a) new text end A resident under the age of 16 years
may take fish without a license.
new text begin
(b) A resident under the age of 16 may net ciscoes and whitefish for personal
consumption without the license required under section 97A.475, subdivision 13. A
resident netting ciscoes and whitefish under this paragraph must follow all other applicable
requirements for netting ciscoes and whitefish for personal consumption.
new text end
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2008, section 97A.451, is amended by adding a
subdivision to read:
new text begin
A resident age 90 or older
may take fish without a license.
new text end
Minnesota Statutes 2008, section 97A.465, subdivision 1b, is amended to read:
(a) A resident who has served
at any time during the preceding 24 months in federal active service, as defined in section
190.05, subdivision 5c, outside the United States as a member of the National Guard, or as
a reserve component or active duty member of the United States armed forces and has
been discharged from active service may take small game and fish without a license if the
resident possesses official military discharge papers. The resident must obtain the seals,
tags, and coupons required of a licensee, which must be furnished without charge.
(b) The commissioner shall issue, without fee, a deer licensenew text begin , valid for a deer of
either sex,new text end to a resident who has served at any time during the preceding 24 months in
federal active service, as defined in section 190.05, subdivision 5c, outside the United
States as a member of the National Guard, or as a reserve component or active duty
member of the United States armed forces and has been discharged from active service.
Eligibility under this paragraph is limited to one license per resident.
Minnesota Statutes 2008, section 97A.473, subdivision 1, is amended to read:
(a) The commissioner may
issue a lifetime angling license, new text begin a lifetime spearing license, a lifetime angling and spearing
license, new text end a lifetime small game hunting license, a lifetime firearm or archery deer hunting
license, deleted text begin ordeleted text end a lifetime sporting license new text begin or a lifetime sporting with spearing option license new text end to
a person who is a resident of the state for at least one year or who is under age 21 and the
child of a person who is a resident of the state for at least one year. The license fees paid
for a lifetime license are nonrefundable.
(b) The commissioner may require the holder of a lifetime license issued under this
section to notify the department each year that the license is used, by:
(1) telephone or Internet notification, as specified by the commissioner;
(2) the purchase of stamps for the license; or
(3) registration and tag issuance, in the case of the resident lifetime deer license.
Minnesota Statutes 2008, section 97A.473, is amended by adding a
subdivision to read:
new text begin
(a) A resident lifetime spearing license
authorizes a person to take fish by spearing in the state. The license authorizes those
activities authorized by the annual resident spearing license.
new text end
new text begin
(b) The fees for a resident lifetime spearing license are:
new text end
new text begin
(1) age 3 and under, $258;
new text end
new text begin
(2) age 4 to age 15, $320;
new text end
new text begin
(3) age 16 to age 50, $372; and
new text end
new text begin
(4) age 51 and over, $173.
new text end
Minnesota Statutes 2008, section 97A.473, is amended by adding a
subdivision to read:
new text begin
(a) A resident lifetime
angling and spearing license authorizes a person to take fish by angling or spearing in the
state. The license authorizes those activities authorized by the annual resident angling
and spearing licenses.
new text end
new text begin
(b) The fees for a resident lifetime angling and spearing license are:
new text end
new text begin
(1) age 3 and under, $485;
new text end
new text begin
(2) age 4 to age 15, $620;
new text end
new text begin
(3) age 16 to age 50, $755; and
new text end
new text begin
(4) age 51 and over, $376.
new text end
Minnesota Statutes 2008, section 97A.473, is amended by adding a
subdivision to read:
new text begin
(a) A resident
lifetime sporting with spearing option license authorizes a person to take fish by angling
or spearing and hunt and trap small game in the state. The license authorizes those
activities authorized by the annual resident angling, spearing, resident small game hunting,
and resident trapping licenses. The license does not include a trout and salmon stamp
validation, a turkey stamp validation, a walleye stamp validation, or any other hunting
stamps required by law.
new text end
new text begin
(b) The fees for a resident lifetime sporting with spearing option license are:
new text end
new text begin
(1) age 3 and under, $615;
new text end
new text begin
(2) age 4 to age 15, $800;
new text end
new text begin
(3) age 16 to age 50, $985; and
new text end
new text begin
(4) age 51 and over, $586.
new text end
Minnesota Statutes 2008, section 97A.4742, subdivision 1, is amended to read:
The lifetime fish and wildlife trust fund
is established as a fund in the state treasury. All money received from the issuance of
lifetime angling, new text begin spearing, angling and spearing, new text end small game hunting, deer hunting, deleted text begin anddeleted text end
sportingnew text begin , and sporting with spearing option new text end licenses and earnings on the fund shall be
credited to the lifetime fish and wildlife trust fund.
Minnesota Statutes 2008, section 97A.475, subdivision 2, is amended to read:
Fees for the following licenses, to be issued to residents
only, are:
(1) for persons age 18 or over and under age 65 to take small game, $12.50;
(2) for persons ages 16 and 17 and age 65 or over, $6 to take small game;
(3) for persons age 18 or over to take turkey, $23;
(4) for persons under age 18 to take turkey, $12;
(5) for persons age 18 or over to take deer with firearms during the regular firearms
season, $26;
(6) for persons age 18 or over to take deer by archery, $26;
(7) for persons age 18 or over to take deer by muzzleloader during the muzzleloader
season, $26;
(8) to take moose, for a party of not more than six persons, $310;
(9) to take bear, $38;
(10) to take elk, for a party of not more than two persons, $250;
(11) deleted text begin multizone license to take antlered deer in more than one zone, $52;
deleted text end
deleted text begin (12)deleted text end to take Canada geese during a special season, $4;
deleted text begin
(13) all season license to take three deer throughout the state in any open deer
season, except as restricted under section 97B.305, $78;
deleted text end
deleted text begin (14)deleted text end new text begin (12)new text end to take prairie chickens, $20;
deleted text begin (15)deleted text end new text begin (13)new text end for persons under age 18 to take deer with firearms during the regular
firearms season, $13;
deleted text begin (16)deleted text end new text begin (14)new text end for persons under age 18 to take deer by archery, $13; and
deleted text begin (17)deleted text end new text begin (15)new text end for persons under age 18 to take deer by muzzleloader during the
muzzleloader season, $13.
Minnesota Statutes 2008, section 97A.475, subdivision 3, is amended to read:
(a) Fees for the following licenses, to be issued
to nonresidents, are:
(1) for persons age 18 or over to take small game, $73;
(2) for persons age 18 or over to take deer with firearms during the regular firearms
season, $135;
(3) for persons age 18new text begin or overnew text end to take deer by archery, $135;
(4) for persons age 18 or over to take deer by muzzleloader during the muzzleloader
season, $135;
(5) to take bear, $195;
(6) for persons age 18 and older to take turkey, $78;
(7) for persons under age 18 to take turkey, $12;
(8) to take raccoon or bobcat, $155;
(9) deleted text begin multizone license to take antlered deer in more than one zone, $270;deleted text end
deleted text begin (10)deleted text end to take Canada geese during a special season, $4;
deleted text begin (11)deleted text end new text begin (10)new text end for persons under age 18 to take deer with firearms during the regular
firearms season in any open season option or time period, $13;
deleted text begin (12)deleted text end new text begin (11)new text end for persons under age 18 to take deer by archery, $13; and
deleted text begin (13)deleted text end new text begin (12)new text end for persons under age 18 to take deer during the muzzleloader season, $13.
(b) A $5 surcharge shall be added to nonresident hunting licenses issued under
paragraph (a), clauses (1) to deleted text begin (9)deleted text end new text begin (8)new text end . An additional commission may not be assessed
on this surcharge.
Minnesota Statutes 2008, section 97A.475, subdivision 7, is amended to read:
(a) Fees for the following licenses, to be issued
to nonresidents, are:
(1) to take fish by angling, $37.50;
(2) to take fish by angling limited to seven consecutive days selected by the licensee,
$26.50;
(3) to take fish by angling for a 72-hour period selected by the licensee, $22;
(4) to take fish by angling for a combined license for a family for one or both parents
and dependent children under the age of 16, $50.50;
(5) to take fish by angling for a 24-hour period selected by the licensee, $8.50; deleted text begin and
deleted text end
(6) to take fish by angling for a combined license for a married couple, limited to 14
consecutive days selected by one of the licensees, $38.50deleted text begin .deleted text end new text begin ; and
new text end
new text begin
(7) to take fish by spearing from a dark house, $37.50.
new text end
(b) A $2 surcharge shall be added to all nonresident fishing licenses, except licenses
issued under paragraph (a), clause (5). An additional commission may not be assessed
on this surcharge.
Minnesota Statutes 2008, section 97A.475, subdivision 11, is amended to read:
Fees for the
following licenses are:
(1) annual for a fish house deleted text begin ordeleted text end new text begin ,new text end dark housenew text begin , or shelternew text end that is not rented, $11.50;
(2) annual for a fish house deleted text begin ordeleted text end new text begin ,new text end dark housenew text begin , or shelternew text end that is rented, $26;
(3) three-year for a fish house deleted text begin ordeleted text end new text begin ,new text end dark housenew text begin , or shelternew text end that is not rented, $34.50; and
(4) three-year for a fish house deleted text begin ordeleted text end new text begin ,new text end dark housenew text begin , or shelternew text end that is rented, $78.
Minnesota Statutes 2008, section 97A.475, subdivision 12, is amended to read:
Fees for fish
housenew text begin , dark house, and shelternew text end licenses for a nonresident are:
(1) annual, $33;
(2) seven consecutive days, $19; and
(3) three-year, $99.
Minnesota Statutes 2008, section 97A.475, subdivision 29, is amended to read:
The fees for the following licenses to be issued
to residents and nonresidents are:
(1) for a private fish hatchery, with annual sales under $200, $70;
(2) for a private fish hatchery, with annual sales of $200 or more, $210 for the base
license. The commissioner must establish an additional fee based on the acreage of the
operationnew text begin . Notwithstanding section 16A.1283, the commissioner may, by written order
published in the State Register, establish the additional fee required by this subdivision.
The fee is not subject to the rulemaking provisions of chapter 14 and section 14.386
does not applynew text end ; and
(3) to take sucker eggs from public waters for a private fish hatchery, $400, plus
$6 for each quart in excess of 100 quarts.
Minnesota Statutes 2008, section 97A.525, subdivision 1, is amended to read:
A deleted text begin residentdeleted text end new text begin person new text end may transport wild animals
deleted text begin within the statedeleted text end by common carrier without being in the vehicle if the deleted text begin residentdeleted text end new text begin person
new text end has the license required to take the animals and they are shipped to the deleted text begin resident.deleted text end deleted text begin The
wild animals that may be transported by common carrier are:deleted text end new text begin person or to a licensed
taxidermist, tanner, or fur buyer.
new text end
deleted text begin
(1) deer, bear, elk, and moose;
deleted text end
deleted text begin
(2) undressed game birds; and
deleted text end
deleted text begin
(3) fish.
deleted text end
Minnesota Statutes 2008, section 97B.035, subdivision 2, is amended to read:
A person may not possess a crossbow deleted text begin outdoorsdeleted text end
deleted text begin ordeleted text end in a motor vehicle during the open season for any game, unless the crossbow is deleted text begin unstrung,
and in a case or in a closed trunk of a motor vehicledeleted text end new text begin not armed with a bolt or arrownew text end .
Minnesota Statutes 2008, section 97B.045, subdivision 2, is amended to read:
The restrictions in subdivision 1 do
not apply to a disabled person if:
(1) the person possesses a permit under section 97B.055, subdivision 3;new text begin andnew text end
deleted text begin
(2) the person is participating in a hunt sponsored by a nonprofit organization under a
permit from the commissioner or is hunting on property owned or leased by the person; and
deleted text end
deleted text begin (3)deleted text end new text begin (2)new text end the firearm is not loaded in the chamber until the vehicle is stationary, or is a
hinge action firearm with the action open until the vehicle is stationary.
Minnesota Statutes 2008, section 97B.045, is amended by adding a
subdivision to read:
new text begin
(a) Notwithstanding
provisions to the contrary under this chapter, a person may transport an unloaded, uncased
firearm, excluding a pistol as defined in paragraph (b), in a motor vehicle while at a
shooting range, as defined under section 87A.01, subdivision 3, where the person has
received permission from the lawful owner or possessor to discharge firearms; lawfully
hunting on private or public land; or travelling to or from a site the person intends to hunt
lawfully that day or has hunted lawfully that day, unless:
new text end
new text begin
(1) within Anoka, Hennepin, or Ramsey county;
new text end
new text begin
(2) within an area where the discharge of a firearm has been prohibited under section
471.633;
new text end
new text begin
(3) within the boundaries of a home rule charter or statutory city with a population
of 2,500 or more;
new text end
new text begin
(4) on school grounds; or
new text end
new text begin
(5) otherwise restricted under section 97A.091, 97B.081, or 97B.086.
new text end
new text begin
(b) For the purposes of this section, a "pistol" includes a weapon designed to be fired
by the use of a single hand and with an overall length less than 26 inches, or having a
barrel or barrels of a length less than 18 inches in the case of a shotgun or having a barrel
of a length less than 16 inches in the case of a rifle:
new text end
new text begin
(1) from which may be fired or ejected one or more solid projectiles by means
of a cartridge or shell or by the action of an explosive or the igniting of flammable or
explosive substances; or
new text end
new text begin
(2) for which the propelling force is a spring, elastic band, carbon dioxide, air or
other gas, or vapor.
new text end
new text begin
Pistol does not include a device firing or ejecting a shot measuring .18 of an inch, or less,
in diameter and commonly known as a "BB gun," a scuba gun, a stud gun, or nail gun
used in the construction industry or children's pop guns or toys.
new text end
Minnesota Statutes 2008, section 97B.051, is amended to read:
Except as specified under section 97B.055, subdivision 2, a person may not transport
an archery bow in a motor vehicle unless the bow isdeleted text begin :deleted text end new text begin not armed with a bolt or arrow.
new text end
deleted text begin
(1) unstrung;
deleted text end
deleted text begin
(2) completely contained in a case; or
deleted text end
deleted text begin
(3) in the closed trunk or rear-most enclosed portion of a motor vehicle that is not
accessible from the passenger compartment.
deleted text end
Minnesota Statutes 2008, section 97B.055, subdivision 3, is amended to read:
(a) The commissioner may
issue a special permit, without a fee, to discharge a firearm or bow and arrow from a
stationary motor vehicle to a person who obtains the required licenses and who has a
permanent physical disability that is more substantial than discomfort from walking. The
permit recipient must be:
(1) unable to step from a vehicle without aid of a wheelchair, crutches, braces, or
other mechanical support or prosthetic device; or
(2) unable to walk any distance because of a permanent lung, heart, or other internal
disease that requires the person to use supplemental oxygen to assist breathing.
(b) The permanent physical disability must be established by medical evidence
verified in writing by a licensed physician or chiropractor. The commissioner may
request additional information from the physician or chiropractor if needed to verify the
applicant's eligibility for the permit. Notwithstanding section 97A.418, the commissioner
may, in consultation with appropriate advocacy groups, establish reasonable minimum
standards for permits to be issued under this section. In addition to providing the medical
evidence of a permanent disability, the applicant must possess a valid disability parking
certificate authorized by section 169.345 or license plates issued under section 168.021.
(c) A person issued a special permit under this subdivision and hunting deer may
take a deer of either sex, except in those antlerless permit areas and seasons where no
antlerless permits are offered. This subdivision does not authorize another member of a
party to take an antlerless deer under section 97B.301, subdivision 3.
(d) A permit issued under this subdivision is valid for five years.
(e) The commissioner may deny, modify, suspend, or revoke a permit issued under
this section for cause, including a violation of the game and fish laws or rules.
(f) A person who knowingly makes a false application or assists another in making a
false application for a permit under this section is guilty of a misdemeanor. A physician or
chiropractor who fraudulently certifies to the commissioner that a person is permanently
disabled as described in this section is guilty of a misdemeanor.
new text begin
(g) Notwithstanding paragraph (d), the commissioner may issue a permit valid for
the entire life of the applicant if the commissioner determines that there is no chance
that an applicant will become ineligible for a permit under this section and the applicant
requests a lifetime permit.
new text end
Minnesota Statutes 2008, section 97B.081, is amended to read:
deleted text begin (a)deleted text end new text begin
Except as provided in subdivision 3,new text end a person may not cast the rays of a spotlight,
headlight, or other artificial light on a highway, or in a field, woodland, or forest, to spot,
locate, or take a wild animaldeleted text begin , except while taking raccoons in accordance with section
97B.621, subdivision 3, or tending traps in accordance with section 97B.931,deleted text end while
having in possession, either individually or as one of a group of persons, a firearm, bow,
or other implement that could be used to deleted text begin killdeleted text end new text begin takenew text end big gamenew text begin , small game, or unprotected
wild animalsnew text end .
deleted text begin
(b) This subdivision does not apply to a firearm that is:
deleted text end
deleted text begin
(1) unloaded;
deleted text end
deleted text begin
(2) in a gun case expressly made to contain a firearm that fully encloses the firearm
by being zipped, snapped, buckled, tied, or otherwise fastened without any portion of
the firearm exposed; and
deleted text end
deleted text begin
(3) in the closed trunk of a motor vehicle.
deleted text end
deleted text begin
(c) This subdivision does not apply to a bow that is:
deleted text end
deleted text begin
(1) completely encased or unstrung; and
deleted text end
deleted text begin
(2) in the closed trunk of a motor vehicle.
deleted text end
deleted text begin
(d) If the motor vehicle under paragraph (b) or (c) does not have a trunk, the firearm
or bow must be placed in the rearmost location of the vehicle.
deleted text end
deleted text begin
(e) This subdivision does not apply to persons taking raccoons under section
97B.621, subdivision 3.
deleted text end
deleted text begin
(f) This subdivision does not apply to a person hunting fox or coyote from January 1
to March 15 while using a handheld artificial light, provided that the person:
deleted text end
deleted text begin
(1) is on foot;
deleted text end
deleted text begin
(2) is using a shotgun;
deleted text end
deleted text begin
(3) is not within a public road right-of-way;
deleted text end
deleted text begin
(4) is using a handheld or electronic calling device; and
deleted text end
deleted text begin
(5) is not within 200 feet of a motor vehicle.
deleted text end
(a) deleted text begin Between the
hours of 10:00 p.m. and 6:00 a.m. from September 1 to December 31,deleted text end new text begin Except as provided
in subdivision 3, from two hours after sunset until sunrise,new text end a person may not cast the rays
of a spotlight, headlight, or other artificial light new text begin on a highway, or new text end in a field, woodland,
or forest to spotdeleted text begin ,deleted text end new text begin ornew text end locatedeleted text begin , or takedeleted text end a wild animal deleted text begin except to take raccoons under section
97B.621, subdivision 3, or to tend traps under section 97B.931deleted text end .
(b) deleted text begin Between one-half hour after sunset until sunrise,deleted text end new text begin Except as provided in
subdivision 3,new text end a person may not cast the rays of a spotlight, headlight, or other artificial
light deleted text begin to spot, locate, or take a wild animaldeleted text end on fenced, agricultural land deleted text begin containing
livestock, as defined in section 17A.03, subdivision 5, or poultry that is marked with signs
prohibiting the shining of lights. The signs must:deleted text end
deleted text begin
(1) display reflectorized letters that are at least two inches in height and state "no
shining" or similar terms; and
deleted text end
deleted text begin
(2) be placed at intervals of 1,000 feet or less along the boundary of the area.
deleted text end
deleted text begin
(c) It is not a violation of paragraph (a) or (b) for a person to carry out any
agricultural, occupational, or recreational practice, including snowmobiling that is not
related to spotting, locating, or taking a wild animal.
deleted text end
deleted text begin (d) Between the hours of 6:00 p.m. and 6:00 a.mdeleted text end .new text begin (c) Except as provided in
subdivision 3new text end , a person may not deleted text begin project a spotlight or handhelddeleted text end new text begin cast an artificialnew text end light onto
residential property or building sites from a deleted text begin movingdeleted text end motor vehicle deleted text begin being operated on
land, except for the following purposes:
deleted text end
deleted text begin
(1) safety;
deleted text end
deleted text begin
(2) emergency response;
deleted text end
deleted text begin
(3) normal vehicle operations; or
deleted text end
deleted text begin (4) performing an occupational dutydeleted text end .
new text begin
(d) Except as provided in subdivision 3, a person may not at any time cast the rays of
a spotlight, headlight, or other artificial light onto property posted with signs prohibiting
the shining of lights onto the property. When signs are posted, the signs shall display
letters that are at least two inches in height and state "no shining" or similar terms and
shall be placed at intervals of 500 feet or less along the boundary of the property.
new text end
new text begin
(a) It is not a violation of this section for a person to:
new text end
new text begin
(1) cast the rays of a spotlight, headlight, or other artificial light to take raccoons
according to section 97B.621, subdivision 3, or tend traps according to section 97B.931;
new text end
new text begin
(2) hunt fox or coyote from January 1 to March 15 while using a handheld artificial
light, provided that the person is:
new text end
new text begin
(i) on foot;
new text end
new text begin
(ii) using a shotgun;
new text end
new text begin
(iii) not within a public road right-of-way;
new text end
new text begin
(iv) using a handheld or electronic calling device; and
new text end
new text begin
(v) not within 200 feet of a motor vehicle; or
new text end
new text begin
(3) cast the rays of a handheld artificial light to retrieve wounded or dead big game
animals, provided that the person is:
new text end
new text begin
(i) on foot; and
new text end
new text begin
(ii) not in possession of a firearm or bow.
new text end
new text begin
(b) It is not a violation of subdivision 2 for a person to cast the rays of a spotlight,
headlight, or other artificial light to:
new text end
new text begin
(1) carry out any agricultural, safety, emergency response, normal vehicle operation,
or occupational-related activities that do not involve taking wild animals; or
new text end
new text begin
(2) carry out outdoor recreation as defined in section 97B.001 that is not related to
spotting, locating, or taking a wild animal.
new text end
Minnesota Statutes 2008, section 97B.086, is amended to read:
(a) A person may not possess night vision deleted text begin goggledeleted text end equipment while taking wild
animals or while having in possession, either individually or as one of a group of persons,
a firearm, bow, or other implement that could be used to take wild animals.
(b) This section does not apply to a firearm that is:
(1) unloaded;
(2) in a gun case expressly made to contain a firearm that fully encloses the firearm
by being zipped, snapped, buckled, tied, or otherwise fastened without any portion of
the firearm exposed; and
(3) in the closed trunk of a motor vehicle.
(c) This section does not apply to a bow that is:
(1) completely encased or unstrung; and
(2) in the closed trunk of a motor vehicle.
(d) If the motor vehicle under paragraph (b) or (c) does not have a trunk, the firearm
or bow must be placed in the rearmost location of the vehicle.
(e) This section does not apply to night vision deleted text begin goggledeleted text end equipment possessed by peace
officers or military personnel while exercising their duties.
Minnesota Statutes 2008, section 97B.111, subdivision 1, is amended to read:
The commissioner may establish
criteria, special seasons, and limits for persons who have a physical disability to take big
game and small game with firearms and by archery in designated areas. A person hunting
under this section who has a physical disability must have a verified statement of the
disability by a licensed physician and must be participating in a program for physically
disabled hunters sponsored by a nonprofit organization that is permitted under subdivision
2. new text begin Notwithstanding section 97B.055, subdivision 3, the commissioner may authorize hunt
participants to shoot from a stationary motor vehicle. new text end A license is not required for a person
to assist a physically disabled person hunting during a special season under this section.
Minnesota Statutes 2008, section 97B.328, subdivision 3, is amended to read:
For purposes of this section, "bait or feed" includes grains,
fruits, vegetables, nuts, hay, or other food that is capable of attracting or enticing deer
and that has been placed by a person. Liquid scents, salt, new text begin and new text end mineralsdeleted text begin , and bird feeders
containing grains or nuts that are at least six feet above the grounddeleted text end are not bait or feed.
Foodnew text begin that has not been placed by a person andnew text end resulting from normal or accepted farming,
forest management, wildlife food plantings, orchard management, or other similar land
management activities is not bait or feed.
Minnesota Statutes 2008, section 97B.651, is amended to read:
Mammals that are
unprotected wild animals and unprotected birds may be taken at any time and in any
manner, except with artificial lights, or by using a motor vehicle in violation of section
97B.091. Poison may not be used to take unprotected mammals or unprotected birds
unless the safety of humans and domestic livestock is ensured. Unprotected mammals and
unprotected birds may be possessed, bought, sold, or transported in any quantitynew text begin , except
importation or exportation is restricted as provided in subdivision 2new text end .
new text begin
A person may not export a live
coyote out of the state or import a live coyote into the state unless authorized under a
permit from the commissioner.
new text end
Minnesota Statutes 2008, section 97B.811, subdivision 2, is amended to read:
Except as provided in subdivisions 3 and 4, a
person may not place decoys in public waters or on public lands more than deleted text begin one hourdeleted text end new text begin two
hoursnew text end before lawful shooting hours for waterfowl.
Minnesota Statutes 2008, section 97B.811, subdivision 3, is amended to read:
During the open season for
waterfowl, a person may not leave decoys in public waters between sunset and deleted text begin one hourdeleted text end new text begin
two hoursnew text end before lawful shooting hours or leave decoys unattended during other times for
more than deleted text begin fourdeleted text end new text begin threenew text end consecutive hours unless:
(1) the decoys are in waters adjacent to private land under the control of the hunter;
and
(2) there is not natural vegetation growing in water sufficient to partially conceal
a hunter.
Minnesota Statutes 2008, section 97B.931, subdivision 1, is amended to read:
A person may not tend a trap set for wild animals
between 10:00 p.m. and 5:00 a.m. Between 5:00 a.m. and 10:00 p.m. a person on foot
may use a portable artificial light to tend traps. While using a light in the field, the person
may not possess or use a firearm other than a handgunnew text begin or rifle capable of firing only
rimfire cartridgesnew text end ofnew text begin .17 ornew text end .22 calibernew text begin including .22 magnumnew text end .
Minnesota Statutes 2008, section 97C.081, subdivision 2, is amended to read:
A person may conduct a fishing contest
without a permit from the commissioner provided:
(1) the following criteria are met:
(i) there are deleted text begin 30 participantsdeleted text end new text begin 25 boatsnew text end or less for open water contests and 150
participants or less for ice fishing contests;
(ii) the entry fee is $25 per person or less;
(iii) the total prize value is $25,000 or less; and
(iv) the contest is not limited to trout species only;
(2) the following criteria are met:
(i) the contest is not limited to specifically named waters; and
(ii) the contest is not limited to trout species only; deleted text begin or
deleted text end
(3) all the contest participants are age 18 years or undernew text begin ;
new text end
new text begin
(4) the contest is limited to rough fish; or
new text end
new text begin (5) the total prize value is $500 or lessnew text end .
Minnesota Statutes 2008, section 97C.081, subdivision 3, is amended to read:
(a) A person must have a permit from the
commissioner to conduct a fishing contest that does not meet the criteria in subdivision
2. The commissioner shall charge a fee for the permit that recovers the costs of issuing
the permit and of monitoring the activities allowed by the permit. deleted text begin The commissioner
may waive the fee under this subdivision for a charitable organization.deleted text end Notwithstanding
section 16A.1283, the commissioner may, by written order published in the State Register,
establish contest permit fees. The fees are not subject to the rulemaking provisions of
chapter 14 and section 14.386 does not apply.
(b) If entry fees are over $25 per person, or total prizes are valued at more than
$25,000, and if the applicant has either:
(1) not previously conducted a fishing contest requiring a permit under this
subdivision; or
(2) ever failed to make required prize awards in a fishing contest conducted by
the applicant, the commissioner may require the applicant to furnish the commissioner
evidence of financial responsibility in the form of a surety bond or bank letter of credit in
the amount of $25,000.
(c) The permit fee for any individual contest may not exceed the following amounts:
(1) deleted text begin $120deleted text end new text begin $60new text end for an open water contest not exceeding deleted text begin 100 participantsdeleted text end new text begin 50 boatsnew text end and
without off-site weigh-in;
(2) deleted text begin $400deleted text end new text begin $200new text end for an open water contest with more than deleted text begin 100 participantsdeleted text end new text begin 50 boatsnew text end
and without off-site weigh-in;
(3) deleted text begin $500deleted text end new text begin $250new text end for an open water contest not exceeding deleted text begin 100 participantsdeleted text end new text begin 50 boatsnew text end
with off-site weigh-in;
(4) deleted text begin $1,000deleted text end new text begin $500new text end for an open water contest with more than deleted text begin 100 participantsdeleted text end new text begin 50 boatsnew text end
with off-site weigh-in; or
(5) $120 for an ice fishing contest with more than 150 participants.
Minnesota Statutes 2008, section 97C.081, subdivision 4, is amended to read:
new text begin (a) new text end The commissioner may by rule establish restrictions on
fishing contests to protect fish and fish habitat, to restrict activities during high use periods,
to restrict activities that affect research or management work, to restrict the number of
boats, and for the safety of contest participants.
new text begin
(b) By March 1, 2011, the commissioner shall develop a best practices certification
program for fishing contest organizers to ensure the proper handling and release of fish.
new text end
Minnesota Statutes 2008, section 97C.081, subdivision 6, is amended to read:
(a) Beginning August 1 each year, the
commissioner shall accept permit applications for fishing contests to be held in the
following year.
(b) If the number of permit applications received by the commissioner from August
1 through the last Friday in September exceeds the limits specified in subdivisions 7 and 8,
the commissioner shall notify the affected applicants that their requested locations and
time period are subject to a drawing. After notification, the commissioner shall allow
the affected applicants a minimum of seven days to change the location or time period
requested on their applications, provided that the change is not to a location or time period
for which applications are already at or above the limits specified in subdivisions 7 and 8.
(c) After the applicants have been given at least seven days to change their
applications, the commissioner shall conduct a drawing for all locations and time periods
for which applications exceed limits. First preference in the drawings shall be given
to applicants for established or traditional fishing contests, and second preference to
applicants for contests that are not established as traditional fishing contests based on the
number of times they have been unsuccessful in previous drawings. Except for applicants
of established or traditional fishing contests, an applicant who is successful in a drawing
loses all accumulated preference. "Established or traditional fishing contest" means a
fishing contest that was issued permits in 1999 and 2000 or was issued permits four out of
five years from 1996 to 2000 for the same lake and time period. Beginning with 2001,
established or traditional fishing contests must continue to be conducted at least four out
of five years for the same lake and time period to remain established or traditional.
(d) The commissioner has until November 7 to approve or deny permit applications
that are submitted by 4:30 p.m. on the last Friday in September. The commissioner
may approve a permit application that is received after 4:30 p.m. on the last Friday
in September if approving the application would not result in exceeding the limits in
subdivisions 7 and 8.
new text begin
(e) The commissioner shall develop an online Web-based fishing contest permit
application process.
new text end
Minnesota Statutes 2008, section 97C.081, subdivision 9, is amended to read:
(a) The commissioner may require fishing contest
permittees to limit prefishing to week days only as a condition of a fishing contest permit.
The commissioner may require proof from permittees that prefishing restrictions on the
permit are communicated to fishing contest participants and enforced.
(b) The commissioner may require permit restrictions on the hours that a permitted
fishing contest is conducted, including, but not limited to, starting and ending times.
(c) The commissioner may require permit restrictions on the number of parking
spaces that may be used on a state-owned public water access site. The commissioner may
require proof from permittees that parking restrictions on the permit are communicated to
fishing contest participants and enforced.
(d) To prevent undue mortality of released fish, the commissioner may require
restrictions for off-site weigh-ins and live releases on a fishing contest permit or may deny
permits requesting an off-site weigh-in or live release.new text begin The commissioner may allow for
live release weigh-ins at public accesses.
new text end
(e) A person may not transfer a fishing contest permit to another person.
(f) Failure to comply with fishing contest permit restrictions may be considered
grounds for denial of future permit applications.
Minnesota Statutes 2008, section 97C.335, is amended to read:
new text begin (a) new text end A person may not use artificial lights to lure or attract fish or to see fish in the
water while spearing, except that while angling or spearing, a person may:
(1) affix a lighted artificial bait with hooks attached to the end of a fishing line; or
(2) use a lighted decoy for spearing.
deleted text begin Anydeleted text end new text begin (b) A new text end battery that is used in lighted fishing lures deleted text begin cannotdeleted text end new text begin must notnew text end contain deleted text begin any
intentionally introduceddeleted text end mercury.
new text begin
(c) The restrictions in paragraph (a) do not apply to bow fishing.
new text end
Minnesota Statutes 2008, section 97C.345, subdivision 2, is amended to read:
(a) Except as specifically authorized, a person may not possess
a spear, fish trap, net, dip net, seine, or other device capable of taking fish on or near any
waters. Possession includes personal possession and in a vehicle.
(b) A person may possess spears, dip nets, deleted text begin bows and arrows,deleted text end and spear guns allowed
under section 97C.381 on or near waters between sunrise and sunset from May 1 to the
last Sunday in February, or as otherwise prescribed by the commissioner.
new text begin
A person may not release carp or buffalo taken by netting back into the water.
new text end
Minnesota Statutes 2008, section 97C.355, subdivision 2, is amended to read:
A person may not leave a dark house deleted text begin ordeleted text end new text begin ,new text end fish housenew text begin , or
shelternew text end unattended on the ice at any time between midnight and one hour before sunrise
unless the housenew text begin or shelternew text end is licensed and has deleted text begin adeleted text end new text begin thenew text end license tag attached to the exterior in a
readily visible location, except as provided in this subdivision. The commissioner must
issue a tag with a dark house deleted text begin ordeleted text end new text begin ,new text end fish housenew text begin , or shelternew text end license, marked with a number to
correspond with the license and the year of issue. A dark house deleted text begin ordeleted text end new text begin ,new text end fish housenew text begin , or shelternew text end
license is not required of a resident on boundary waters where the adjacent state does not
charge a fee for the same activity.
Minnesota Statutes 2008, section 97C.371, is amended by adding a
subdivision to read:
new text begin
Nonresidents may spear from a fish house or dark house.
new text end
Minnesota Statutes 2008, section 97C.375, is amended to read:
A resident or nonresident may take rough fish by spearing deleted text begin or archerydeleted text end during the
times, in waters, and in the manner prescribed by the commissioner.
new text begin
The bow fishing season for residents and nonresidents is
from May 1 to the last Sunday in February at any time of the day.
new text end
new text begin
A person may possess bows and arrows
for the purposes of bow fishing on or within 100 feet of waters at any time from May 1 to
the last Sunday in February, subject to local ordinances. A person must take reasonable
measures to retrieve arrows and wounded fish.
new text end
new text begin
From sunset to sunrise, a person bow
fishing with the assistance of a gasoline-powered motor must use a four-stroke engine
powered generator. The noise limits for total noise while bow fishing from sunset to
sunrise shall not exceed a noise level of 65 decibels on the A scale measured at a distance
of 50 feet from the motorboat or equivalent noise levels at other distances as specified
by the commissioner in a pass-by test or 67 decibels on the A scale measured at idle in a
stationary test at least four feet above the water and at least four feet behind the transom
of the motorboat being tested. The noise levels under section 86B.321 apply to persons
traveling to and from bow fishing sites from sunset to sunrise.
new text end
new text begin
A person
shall not discharge an arrow while bow fishing within 150 feet of an occupied structure
or within 300 feet of a campsite from sunset to sunrise.
new text end
new text begin
Rough fish taken by bow
fishing shall not be returned to the water and rough fish may not be left on the banks
of any water of the state.
new text end
Minnesota Statutes 2008, section 97C.395, subdivision 1, is amended to read:
(a) The open seasons to take fish by
angling are as follows:
(1) for walleye, sauger, northern pike, muskellunge, largemouth bass, and
smallmouth bass, the Saturday two weeks prior to the Saturday of Memorial Day weekend
to the last Sunday in February;
(2) for lake trout, from January 1 to October 31;
(3) for the winter season for lake trout on all lakesnew text begin located outside or partially within
the Boundary Waters Canoe Areanew text end , from January 15 to March 31;
(4)new text begin for the winter season for lake trout on all lakes located entirely within the
Boundary Waters Canoe Area, from January 1 to March 31;
new text end
new text begin (5)new text end for brown trout, brook trout, rainbow trout, and splake, between January 1 to
October 31 as prescribed by the commissioner by rule except as provided in section
97C.415, subdivision 2;
deleted text begin (5)deleted text end new text begin (6)new text end for the winter season for brown trout, brook trout, rainbow trout, and splake
on all lakes, from January 15 to March 31; and
deleted text begin (6)deleted text end new text begin (7)new text end for salmon, as prescribed by the commissioner by rule.
(b) The commissioner shall close the season in areas of the state where fish are
spawning and closing the season will protect the resource.
Laws 2008, chapter 368, article 2, section 25, the effective date, is amended to
read:
The amendments to paragraph (a) are effective March 1,
deleted text begin 2009deleted text end new text begin 2010new text end .
new text begin
This section is effective retroactively from March 1, 2009.
new text end
new text begin
Within 180 days of the effective date of this section, the commissioner of natural
resources shall:
new text end
new text begin
(1) develop an elk management plan consistent with the requirements under
Minnesota Statutes, section 97B.516;
new text end
new text begin
(2) present the elk management plan to the Kittson, Marshall, and Roseau County
Boards; and
new text end
new text begin
(3) begin implementing the plan.
new text end
new text begin
This section is effective the day following final enactment.
new text end
new text begin
(a) The commissioner of natural resources shall adopt or amend rules to establish
minimum size limits for muskellunge on inland waters consistent with the provisions
of this section. The commissioner must:
new text end
new text begin
(1) establish a 48-inch statewide minimum size restriction for muskellunge and
muskellunge-northern pike hybrids in inland waters, except for the lakes listed in clause
(2) that are managed specifically for muskellunge-northern pike hybrids in Carver, Dakota,
Hennepin, Ramsey, Scott, and Washington Counties; and
new text end
new text begin
(2) establish a 40-inch minimum size restriction for muskellunge-northern pike
hybrids in the following lakes in Carver, Dakota, Hennepin, Ramsey, Scott, and
Washington Counties:
new text end
new text begin
LAKE new text end |
new text begin
COUNTY new text end |
|
new text begin
Bryant new text end |
new text begin
Hennepin new text end |
|
new text begin
Bush new text end |
new text begin
Hennepin new text end |
|
new text begin
Calhoun new text end |
new text begin
Hennepin new text end |
|
new text begin
Cedar new text end |
new text begin
Hennepin new text end |
|
new text begin
Cedar new text end |
new text begin
Scott new text end |
|
new text begin
Clear new text end |
new text begin
Washington new text end |
|
new text begin
Crystal new text end |
new text begin
Dakota new text end |
|
new text begin
Crystal new text end |
new text begin
Hennepin new text end |
|
new text begin
Eagle new text end |
new text begin
Carver new text end |
|
new text begin
Elmo new text end |
new text begin
Washington new text end |
|
new text begin
Gervais new text end |
new text begin
Ramsey new text end |
|
new text begin
Island new text end |
new text begin
Ramsey new text end |
|
new text begin
Isles new text end |
new text begin
Hennepin new text end |
|
new text begin
Johanna new text end |
new text begin
Ramsey new text end |
|
new text begin
Nokomis new text end |
new text begin
Hennepin new text end |
|
new text begin
Orchard new text end |
new text begin
Dakota new text end |
|
new text begin
Phalen new text end |
new text begin
Ramsey new text end |
|
new text begin
Pierson new text end |
new text begin
Carver new text end |
|
new text begin
Silver new text end |
new text begin
Ramsey new text end |
|
new text begin
Wasserman new text end |
new text begin
Carver new text end |
|
new text begin
Weaver new text end |
new text begin
Hennepin new text end |
new text begin
(b) The commissioner may use the good cause exemption under Minnesota Statutes,
section 14.388, subdivision 1, clause (3), to adopt the rules. Minnesota Statutes, section
14.386, does not apply except as provided in Minnesota Statutes, section 14.388.
new text end
new text begin
A violation prior to August 1, 2010, of Minnesota Statutes, section 97B.081,
subdivision 2, shall not result in a penalty, but is punishable only by a warning.
new text end
new text begin
For the 2009 deer season, notwithstanding rules of the commissioner of natural
resources under Minnesota Statutes, section 97B.311, paragraph (a), the commissioner
shall allow a nine-day early A season in Zone 3 beginning the Saturday nearest November
6 and a nine-day late B season in Zone 3 beginning the Saturday nearest November 20.
During the last two days of the 2009 early A season in Zone 3, a person may not take
antlered deer unless the deer has at least four points on one side, or the person has taken an
antlerless deer prior to taking the antlered deer during the early A season in Zone 3. Party
hunting for antlered deer under Minnesota Statutes, section 97B.301, subdivision 3, is not
allowed in the last two days of the 2009 early A season in Zone 3. Zone 3 is defined in
Minnesota Rules, part 6232.1400, subpart 3.
new text end
new text begin
$15,000 in fiscal year 2010 is appropriated from the game and fish fund to the
commissioner for the development of an on-line fishing contest permit application process.
This is a onetime appropriation.
new text end
new text begin
(a) $150,000 in fiscal year 2010 and $150,000 in fiscal year 2011 are appropriated
from the game and fish fund to the commissioner of natural resources for grants to Let's
Go Fishing of Minnesota to provide community outreach to senior citizens, youth,
and veterans and for the costs associated with the establishment and recruitment of
new chapters. The grants must be matched with cash or in-kind contributions from
nonstate sources. It is a condition of acceptance of grants under this section that Let's Go
Fishing of Minnesota must submit a work program and annual progress reports in the
form and manner determined by the commissioner of natural resources to the house of
representatives and senate committees having budgetary oversight.
new text end
new text begin
(b) The work program must include measurable outcomes and a plan for measuring
and evaluating the results. The measurement and evaluation of outcomes must be
supported with electronic data, including names of volunteers and guests, served in a
meaningful format with each reimbursement request. For the purposes of this paragraph,
"measurable outcomes" mean outcomes, indicators, or other performance measures that
may be quantified or otherwise measured in order to measure the effectiveness of a project
or program in meeting its intended goal or purpose.
new text end
new text begin
(c) This appropriation may not be used to reimburse costs for lobbying or fundraising
activities. Funds may be used, as approved in the work program, to reimburse salaries
of individuals assigned responsibility for creating fundraising plans to be followed by
chapters, but not for direct participation by Let's Go Fishing staff in any fundraising
activity or costs associated with such activity. Administrative costs of delivering the
program may not exceed 2.5 percent of the grant.
new text end
new text begin
(d) All reimbursed costs must comply with the Department of Administration's
Office of Grant Management policies as described in Minnesota Statutes, section 16B.98.
Written contracts must be developed for all financial-related activity, such as rent, leases,
sponsorships, manufacturer, agreements, in excess of $500 as prescribed in state policy.
new text end
new text begin
(e) The work program must identify capital expenditures and leases over $2,000 and
annual reports must describe the use of that capital equipment throughout its useful life.
new text end
new text begin
(f) The commissioner must approve the work program before making a grant to Let's
Go Fishing of Minnesota. This is a onetime appropriation.
new text end
new text begin
Minnesota Statutes 2008, sections 97A.525, subdivision 2; 97B.301, subdivisions 7
and 8; and 97C.405,
new text end
new text begin
are repealed.
new text end
Minnesota Statutes 2008, section 84.0273, is amended to read:
new text begin (a) new text end In order to resolve boundary line issues affecting the ownership interests of the
state and adjacent landowners, the commissioner of natural resources may, in the name
of the state upon terms the commissioner deems appropriate, convey, by a boundary line
agreement, quitclaim deed, or management agreement in such form as the attorney general
approves, such rights, titles, and interests of the state in state lands for such rights, titles
and interests in adjacent lands as are necessary for the purpose of establishing boundaries.
A notice of the proposed conveyance and a brief statement of the reason therefor shall be
published once in the State Register by the commissioner between 15 and 30 days prior
to conveyance. The provisions of this deleted text begin sectiondeleted text end new text begin paragraph new text end are not intended to replace or
supersede laws relating to land exchange or disposal of surplus state property.
new text begin
(b) In order to resolve trespass issues affecting the ownership interests of the state
and adjacent landowners, the commissioner of natural resources, in the name of the state,
may sell surplus lands not needed for natural resource purposes at private sale to adjoining
property owners and leaseholders. The conveyance must be by quitclaim in a form
approved by the attorney general for a consideration not less than the value determined
according to section 94.10, subdivision 1.
new text end
new text begin
(c) Paragraph (b) applies to all state-owned lands managed by the commissioner of
natural resources, except school trust land as defined in section 92.025. For acquired lands,
the commissioner may sell the surplus lands as provided in paragraph (b) notwithstanding
the offering to public entities, public sale, and related notice and publication requirements
of sections 94.09 to 94.165. For consolidated conservation lands, the commissioner may
sell the surplus lands as provided in paragraph (b) notwithstanding the classification and
public sale provisions of chapters 84A and 282.
new text end
new text begin
The commissioner may acquire, from
willing sellers, perpetual conservation easements on behalf of the state and federal
government consistent with Camp Ripley's Army compatible use buffer project. This
project is geographically defined as a three-mile zone around Camp Ripley in central
Minnesota.
new text end
new text begin
Notwithstanding sections 84.0272, subdivision 1,
and 84.0274, subdivision 5, paragraph (b), the commissioner may make payments to a
landowner under this subdivision to acquire a perpetual conservation easement according
to subdivision 1. The onetime payment may be based on the following:
new text end
new text begin
(1) if the easement prohibits the construction of any new buildings or permanent
structures upon the land, the commissioner may pay 60 percent of the most recent assessed
market value of the land as determined by the county assessor of the county in which the
land is located; or
new text end
new text begin
(2) if the easement prohibits the construction of any new buildings or permanent
structures upon the land and grants the public the right to access the land for natural
resource-based outdoor recreation, the commissioner may pay 70 percent of the most
recent assessed market value of the land as determined by the county assessor of the
county in which the land is located.
new text end
Minnesota Statutes 2008, section 85.0115, is amended to read:
new text begin (a) new text end The commissioner of natural resources shall publish a notice and description of
proposed additions to and deletions from legislatively designated boundaries of state parks
in a legal newspaper of general circulation in each county that is affected, and shall mail a
copy of such notice and description to the chair of the affected county board or boards
and to each affected landowner.
new text begin
(b) When an addition to a legislatively designated boundary of a state park is
proposed, the affected county board or boards or an affected city or township board may
petition the commissioner of natural resources to attend a public hearing to discuss the
proposed addition. The petition must be signed by the majority of the board members and
include the time, date, and reason for the hearing, and be submitted to the commissioner
of natural resources 30 days prior to the public hearing. The commissioner of natural
resources or the commissioner's designee shall attend the public hearing when petitioned
under this section.
new text end
Minnesota Statutes 2008, section 85.015, subdivision 13, is amended to read:
(a)(1) The Taconite Trail shall originate at Ely in St.
Louis County and extend southwesterly to Tower in St. Louis County, thence westerly to
McCarthy Beach State Park in St. Louis County, thence southwesterly to Grand Rapids in
Itasca County and there terminate;
(2) The deleted text begin Northshoredeleted text end new text begin C. J. Ramstad/Northshore new text end Trail shall originate in Duluth in
St. Louis County and extend northeasterly to Two Harbors in Lake County, thence
northeasterly to Grand Marais in Cook County, thence northeasterly to the international
boundary in the vicinity of the north shore of Lake Superior, and there terminate;
(3) The Grand Marais to International Falls Trail shall originate in Grand Marais
in Cook County and extend northwesterly, outside of the Boundary Waters Canoe Area,
to Ely in St. Louis County, thence southwesterly along the route of the Taconite Trail to
Tower in St. Louis County, thence northwesterly through the Pelican Lake area in St.
Louis County to International Falls in Koochiching County, and there terminate.
(b) The trails shall be developed primarily for riding and hiking.
(c) In addition to the authority granted in subdivision 1, lands and interests in lands
for the Arrowhead Region trails may be acquired by eminent domain. Before acquiring
any land or interest in land by eminent domain the commissioner of administration shall
obtain the approval of the governor. The governor shall consult with the Legislative
Advisory Commission before granting approval. Recommendations of the Legislative
Advisory Commission shall be advisory only. Failure or refusal of the commission to
make a recommendation shall be deemed a negative recommendation.
Minnesota Statutes 2008, section 103F.321, is amended by adding a subdivision
to read:
new text begin
A local unit of government may
issue a conditional use permit in a wild and scenic river district designated pursuant to
sections 103F.301 to 103F.351 to a home-based business that:
new text end
new text begin
(1) is located on property that includes the primary residence of the business owner;
new text end
new text begin
(2) is conducted within the primary residence or residential accessory structure
and the residence and accessory structures were constructed prior to the effective date
of this section;
new text end
new text begin
(3) does not necessitate creation of additional impervious surface for vehicular
parking on the property;
new text end
new text begin
(4) satisfies all other requirements in a conditional use permit issued by the local
unit of government; and
new text end
new text begin
(5) satisfies all other state and local requirements applicable to the type of business.
new text end
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2008, section 282.04, subdivision 1, is amended to read:
(a) The county auditor may
sell timber upon any tract that may be approved by the natural resources commissioner.
The sale of timber shall be made for cash at not less than the appraised value determined
by the county board to the highest bidder after not less than one week's published notice
in an official paper within the county. Any timber offered at the public sale and not sold
may thereafter be sold at private sale by the county auditor at not less than the appraised
value thereof, until the time as the county board may withdraw the timber from sale. The
appraised value of the timber and the forestry practices to be followed in the cutting of
said timber shall be approved by the commissioner of natural resources.
(b) Payment of the full sale price of all timber sold on tax-forfeited lands shall be
made in cash at the time of the timber sale, except in the case of oral or sealed bid auction
sales, the down payment shall be no less than 15 percent of the appraised value, and the
balance shall be paid prior to entry. In the case of auction sales that are partitioned and
sold as a single sale with predetermined cutting blocks, the down payment shall be no less
than 15 percent of the appraised price of the entire timber sale which may be held until the
satisfactory completion of the sale or applied in whole or in part to the final cutting block.
The value of each separate block must be paid in full before any cutting may begin in that
block. With the permission of the county contract administrator the purchaser may enter
unpaid blocks and cut necessary timber incidental to developing logging roads as may
be needed to log other blocks provided that no timber may be removed from an unpaid
block until separately scaled and paid for. If payment is provided as specified in this
paragraph as security under paragraph (a) and no cutting has taken place on the contract,
the county auditor may credit the security provided, less any down payment required for
an auction sale under this paragraph, to any other contract issued to the contract holder
by the county under this chapter to which the contract holder requests in writing that it
be credited, provided the request and transfer is made within the same calendar year as
the security was received.
(c) The county board may sell any timber, including biomass, as appraised or scaled.
Any parcels of land from which timber is to be sold by scale of cut products shall be so
designated in the published notice of sale under paragraph (a), in which case the notice
shall contain a description of the parcels, a statement of the estimated quantity of each
species of timber, and the appraised price of each species of timber for 1,000 feet, per cord
or per piece, as the case may be. In those cases any bids offered over and above the
appraised prices shall be by percentage, the percent bid to be added to the appraised price
of each of the different species of timber advertised on the land. The purchaser of timber
from the parcels shall pay in cash at the time of sale at the rate bid for all of the timber
shown in the notice of sale as estimated to be standing on the land, and in addition shall
pay at the same rate for any additional amounts which the final scale shows to have been
cut or was available for cutting on the land at the time of sale under the terms of the sale.
Where the final scale of cut products shows that less timber was cut or was available
for cutting under terms of the sale than was originally paid for, the excess payment
shall be refunded from the forfeited tax sale fund upon the claim of the purchaser, to be
audited and allowed by the county board as in case of other claims against the county. No
timber, except hardwood pulpwood, may be removed from the parcels of land or other
designated landings until scaled by a person or persons designated by the county board
and approved by the commissioner of natural resources. Landings other than the parcel
of land from which timber is cut may be designated for scaling by the county board by
written agreement with the purchaser of the timber. The county board may, by written
agreement with the purchaser and with a consumer designated by the purchaser when the
timber is sold by the county auditor, and with the approval of the commissioner of natural
resources, accept the consumer's scale of cut products delivered at the consumer's landing.
No timber shall be removed until fully paid for in cash. Small amounts of timber not
exceeding $3,000 in appraised valuation may be sold for not less than the full appraised
value at private sale to individual persons without first publishing notice of sale or calling
for bids, provided that in case of a sale involving a total appraised value of more than $200
the sale shall be made subject to final settlement on the basis of a scale of cut products in
the manner above provided and not more than two of the sales, directly or indirectly to any
individual shall be in effect at one time.
(d) As directed by the county board, the county auditor may lease tax-forfeited land
to individuals, corporations or organized subdivisions of the state at public or private sale,
and at the prices and under the terms as the county board may prescribe, for use as cottage
and camp sites and for agricultural purposes and for the purpose of taking and removing of
hay, stumpage, sand, gravel, clay, rock, marl, and black dirt from the land, and for garden
sites and other temporary uses provided that no leases shall be for a period to exceed ten
years; provided, further that any leases involving a consideration of more than $12,000 per
year, except to an organized subdivision of the state shall first be offered at public sale in
the manner provided herein for sale of timber. Upon the sale of any leased land, it shall
remain subject to the lease for not to exceed one year from the beginning of the term of the
lease. Any rent paid by the lessee for the portion of the term cut off by the cancellation
shall be refunded from the forfeited tax sale fund upon the claim of the lessee, to be
audited and allowed by the county board as in case of other claims against the county.
(e) As directed by the county board, the county auditor may lease tax-forfeited land
to individuals, corporations, or organized subdivisions of the state at public or private sale,
at the prices and under the terms as the county board may prescribe, for the purpose
of taking and removing for use for road construction and other purposes tax-forfeited
stockpiled iron-bearing material. The county auditor must determine that the material is
needed and suitable for use in the construction or maintenance of a road, tailings basin,
settling basin, dike, dam, bank fill, or other works on public or private property, and
that the use would be in the best interests of the public. No lease shall exceed ten years.
The use of a stockpile for these purposes must first be approved by the commissioner of
natural resources. The request shall be deemed approved unless the requesting county
is notified to the contrary by the commissioner of natural resources within six months
after receipt of a request for approval for use of a stockpile. Once use of a stockpile has
been approved, the county may continue to lease it for these purposes until approval is
withdrawn by the commissioner of natural resources.
(f) The county auditor, with the approval of the county board is authorized to grant
permits, licenses, and leases to tax-forfeited lands for the depositing of stripping, lean ores,
tailings, or waste products from mines or ore milling plants, new text begin or to use for facilities needed
to recover iron-bearing oxides from tailings basins or stockpiles, or for a buffer area needed
for a mining operation, new text end upon the conditions and for the consideration and for the period
of time, not exceeding deleted text begin 15deleted text end new text begin 25new text end years, as the county board may determine. The permits,
licenses, or leases are subject to approval by the commissioner of natural resources.
(g) Any person who removes any timber from tax-forfeited land before said
timber has been scaled and fully paid for as provided in this subdivision is guilty of a
misdemeanor.
(h) The county auditor may, with the approval of the county board, and without first
offering at public sale, grant leases, for a term not exceeding 25 years, for the removal
of peat and for the production or removal of farm-grown closed-loop biomass as defined
in section 216B.2424, subdivision 1, or short-rotation woody crops from tax-forfeited
lands upon the terms and conditions as the county board may prescribe. Any lease for
the removal of peat, farm-grown closed-loop biomass, or short-rotation woody crops
from tax-forfeited lands must first be reviewed and approved by the commissioner of
natural resources if the lease covers 320 or more acres. No lease for the removal of
peat, farm-grown closed-loop biomass, or short-rotation woody crops shall be made by
the county auditor pursuant to this section without first holding a public hearing on the
auditor's intention to lease. One printed notice in a legal newspaper in the county at least
ten days before the hearing, and posted notice in the courthouse at least 20 days before
the hearing shall be given of the hearing.
(i) Notwithstanding any provision of paragraph (c) to the contrary, the St. Louis
County auditor may, at the discretion of the county board, sell timber to the party who
bids the highest price for all the several kinds of timber, as provided for sales by the
commissioner of natural resources under section 90.14. Bids offered over and above the
appraised price need not be applied proportionately to the appraised price of each of
the different species of timber.
(j) In lieu of any payment or deposit required in paragraph (b), as directed by the
county board and under terms set by the county board, the county auditor may accept an
irrevocable bank letter of credit in the amount equal to the amount otherwise determined
in paragraph (b). If an irrevocable bank letter of credit is provided under this paragraph,
at the written request of the purchaser, the county may periodically allow the bank letter
of credit to be reduced by an amount proportionate to the value of timber that has been
harvested and for which the county has received payment. The remaining amount of
the bank letter of credit after a reduction under this paragraph must not be less than 20
percent of the value of the timber purchased. If an irrevocable bank letter of credit or
cash deposit is provided for the down payment required in paragraph (b), and no cutting
of timber has taken place on the contract for which a letter of credit has been provided,
the county may allow the transfer of the letter of credit to any other contract issued to the
contract holder by the county under this chapter to which the contract holder requests in
writing that it be credited.
Laws 1996, chapter 407, section 32, subdivision 3, is amended to read:
The commissioner of natural resources is
authorized to acquire by giftnew text begin , lease,new text end or purchase the lands for the Iron Range off-highway
vehicle recreation area.new text begin Any lease with local government units shall be for at least ten
years and may be paid up front at the request of either party.new text end The commissioner shall
manage the unit as a state recreation area as provided by Minnesota Statutes, section
86A.05, subdivision 3. The commissioner or the commissioner's designee in the trails and
waterways division of the department of natural resources shall develop and manage the
area for off-highway vehicle recreational use.
Laws 2008, chapter 368, article 1, section 21, subdivision 4, is amended to read:
The
following areas are deleted from Lake Shetek State Park:
(1) Blocks 3 and 4 of Forman Acres according to the plat on file and of record in the
Office of the Recorder for Murray County;
(2) the Hudson Acres subdivision according to the plat on file and of record in the
Office of the Recorder for Murray County; and
(3) that part of Government Lot 6 deleted text begin anddeleted text end new text begin ,new text end that part of Government Lot 7new text begin , and that part
of Government Lot 8new text end of Section 6, Township 107 North, Range 40 West, and that part of
Government Lot 1 and that part of Government Lot 2 of Section 7, Township 107 North,
Range 40 West, Murray County, Minnesota, described as follows:
Commencing at the East Quarter Corner of said Section 6; thence on a bearing based
on the 1983 Murray County Coordinate System (1996 Adjustment), of South 00 degrees
deleted text begin 22 minutes 05 seconds East 1405.16deleted text end new text begin 17 minutes 23 seconds East 1247.75new text end feet along the
east line of said Section 6; thence deleted text begin North 89 degrees 07 minutes 01 second West 1942.39deleted text end new text begin
South 88 degrees 39 minutes 00 seconds West 1942.74new text end feet; thence South 03 degrees 33
minutes 00 seconds West 94.92 feet to the northeast corner of Block 5 of FORMAN
ACRES, according to the recorded plat thereof on file and of record in the Murray County
Recorder's Office; thence South 14 degrees 34 minutes 00 seconds West 525.30 feet along
the easterly line of said Block 5 and along the easterly line of the Private Roadway of
FORMAN ACRES to the southeasterly corner of said Private Roadway and the POINT
OF BEGINNING; thence North 82 degrees 15 minutes 00 seconds West 796.30 feet along
the southerly line of said Private Roadway to an angle point on said line and an existing
1/2 inch diameter rebar; thence South 64 degrees 28 minutes 26 seconds West 100.06
feet along the southerly line of said Private Roadway to an angle point on said line and
an existing 1/2 inch diameter rebar; thence South 33 degrees 01 minute 32 seconds West
279.60 feet along the southerly line of said Private Roadway to an angle point on said line;
thence South 76 degrees 04 minutes 52 seconds West 766.53 feet along the southerly line
of said Private Roadway to a 3/4 inch diameter rebar with a plastic cap stamped "MN DNR
LS 17003" (DNR MON); thence South 16 degrees 24 minutes 50 seconds West 470.40
feet to a DNR MON; thence South 24 degrees 09 minutes 57 seconds West 262.69 feet to
a DNR MON; thence South 08 degrees 07 minutes 09 seconds West 332.26 feet to a DNR
MON; thence North 51 degrees 40 minutes 02 seconds West 341.79 feet to the east line of
Lot A of Lot 1 of LOT A OF GOV. LOT 8, OF SEC. 6 AND LOT A OF GOV. LOT 1, OF
SEC 7 TP. 107 RANGE 40, according to the recorded plat thereof on file and of record
in the Murray County Recorder's Office and a DNR MON; thence South 14 degrees 28
minutes 55 seconds West 71.98 feet along the east line of said Lot A to the northerly most
corner of Lot 36 of HUDSON ACRES, according to the record plat thereof on file and of
record in the Murray County Recorder's Office and an existing steel fence post; thence
South 51 degrees 37 minutes 05 seconds East 418.97 feet along the northeasterly line of
said Lot 36 and along the northeasterly line of Lots 35, 34, 33, 32 of HUDSON ACRES to
an existing 1 inch inside diameter iron pipe marking the easterly most corner of Lot 32
and the most northerly corner of Lot 31A of HUDSON ACRES; thence South 48 degrees
33 minutes 10 seconds East 298.26 feet along the northeasterly line of said Lot 31A to an
existing 1 1/2 inch inside diameter iron pipe marking the easterly most corner thereof and
the most northerly corner of Lot 31 of HUDSON ACRES; thence South 33 degrees 53
minutes 30 seconds East 224.96 feet along the northeasterly line of said Lot 31 and along
the northeasterly line of Lots 30 and 29 of HUDSON ACRES to an existing 1 1/2 inch
inside diameter iron pipe marking the easterly most corner of said Lot 29 and the most
northerly corner of Lot 28 of deleted text begin HUDSONSdeleted text end new text begin HUDSONnew text end ACRES; thence South 45 degrees 23
minutes 54 seconds East 375.07 feet along the northeasterly line of said Lot 28 and along
the northeasterly line of Lots 27, 26, 25, 24 of HUDSON ACRES to an existing 1 1/2 inch
inside diameter iron pipe marking the easterly most corner of said Lot 24 and the most
northerly corner of Lot 23 of HUDSON ACRES; thence South 64 degrees 39 minutes
53 seconds East 226.80 feet along the northeasterly line of said Lot 23 and along the
northeasterly line of Lots 22 and 21 of HUDSON ACRES to an existing 1 1/2 inch inside
diameter iron pipe marking the easterly most corner of said Lot 21 and the most northerly
corner of Lot 20 of HUDSON ACRES; thence South 39 degrees 49 minutes 49 seconds
East 524.75 feet along the northeasterly line of said Lot 20 and along the northeasterly
line of Lots 19, 18, 17, 16, 15, 14 of HUDSON ACRES to an existing 1 1/2 inch inside
diameter iron pipe marking the easterly most corner of said Lot 14 and the most northerly
corner of Lot 13 of HUDSON ACRES; thence South 55 degrees 31 minutes 43 seconds
East 225.11 feet along the northeasterly line of said Lot 13 and along the northeasterly
line of Lots 12 and 11 of HUDSON ACRES to an existing 1 1/2 inch inside diameter iron
pipe marking the easterly most corner of said Lot 11 and the northwest corner of Lot 10
of HUDSON ACRES; thence South 88 degrees 03 minutes 49 seconds East 224.90 feet
along the north line of said Lot 10 and along the north line of Lots 9 and 8 of HUDSON
ACRES to an existing 1 1/2 inch inside diameter iron pipe marking the northeast corner
of said Lot 8 and the northwest corner of Lot 7 of HUDSON ACRES; thence North 84
degrees 07 minutes 37 seconds East 525.01 feet along the north line of said Lot 7 and
along the north line of Lots 6, 5, 4, 3, 2, 1 of HUDSON ACRES to an existing 1 1/2 inch
inside diameter iron pipe marking the northeast corner of said Lot 1 of HUDSON ACRES;
thence southeasterly, easterly and northerly along a non-tangential curve concave to the
north having a radius of 50.00 feet, central angle 138 degrees deleted text begin 41 minutes 58 secondsdeleted text end new text begin 42
minutes 00 secondsnew text end , a distance of 121.04 feet, chord bears North 63 degrees 30 minutes 12
seconds East; thence continuing northwesterly and westerly along the previously described
curve concave to the south having a radius of 50.00 feet, central angle 138 degrees 42
minutes 00 seconds, a distance of 121.04 feet, chord bears North 75 degrees 11 minutes 47
seconds West and a DNR MON; thence South 84 degrees 09 minutes 13 seconds West not
tangent to said curve 520.52 feet to a DNR MON; thence North 88 degrees 07 minutes 40
seconds West 201.13 feet to a DNR MON; thence North 55 degrees 32 minutes 12 seconds
West 196.66 feet to a DNR MON; thence North 39 degrees 49 minutes 59 seconds West
530.34 feet to a DNR MON; thence North 64 degrees 41 minutes 41 seconds West 230.01
feet to a DNR MON; thence North 45 degrees 23 minutes 00 seconds West 357.33 feet to
a DNR MON; thence North 33 degrees 53 minutes deleted text begin 32deleted text end new text begin 30new text end seconds West 226.66 feet to a
DNR MON; thence North 48 degrees 30 minutes 31 seconds West 341.45 feet to a DNR
MON; thence North 08 degrees 07 minutes 09 seconds East 359.28 feet to a DNR MON;
thence North 24 degrees 09 minutes deleted text begin 58deleted text end new text begin 57new text end seconds East 257.86 feet to a DNR MON;
thence North 16 degrees 24 minutes 50 seconds East 483.36 feet to a DNR MON; thence
North 76 degrees 04 minutes deleted text begin 53deleted text end new text begin 52new text end seconds East 715.53 feet to a DNR MON; thence
North 33 degrees 01 minute 32 seconds East 282.54 feet to a DNR MON; thence North
64 degrees 28 minutes deleted text begin 25deleted text end new text begin 26new text end seconds East 84.97 feet to a DNR MON; thence South 82
degrees 15 minutes 00 seconds East 788.53 feet to a DNR MON; thence North 07 degrees
45 minutes 07 seconds East 26.00 feet to the point of beginning; containing 7.55 acres.
Laws 2008, chapter 368, article 1, section 21, subdivision 5, is amended to read:
The
following areas are deleted from Moose Lake State Park, all in Township 46 North, Range
19 West, Carlton County:
(1) Parcel A: the West 660.00 feet of the Southwest Quarter of the Northeast Quarter
of Section 28;
(2) Parcel B: the West 660.00 feet of the Northwest Quarter of the Southeast Quarter
of Section 28 lying northerly of a line 75.00 feet northerly of and parallel with the
centerline of State Trunk Highway 73, and subject to a taking for highway purposes of a
100.00-foot wide strip for access and also subject to highway and road easements;
(3) Parcel C: the West 660.00 feet of the Southwest Quarter of the Southeast Quarter
of Section 28 lying northerly of a line 75.00 feet northerly of and parallel with the
centerline of State Trunk Highway 73, and subject to taking for highway purposes of a
road access under S.P. 0919 (311-311) 901 from State Trunk Highway 73 to old County
Road 21, said access being 100.00 feet in width with triangular strips of land adjoining it at
the northerly line of State Trunk Highway 73, and subject to highway and road easements;
(4) Parcel G: that part of Government Lot deleted text begin 1deleted text end new text begin 2new text end of Section 28, which lies northerly
of the westerly extension of the northerly line of the Southwest Quarter of the Northeast
Quarter of said Section 28, and southerly of the westerly extension of the northerly line of
the South 660.00 feet of the Northwest Quarter of the Northeast Quarter of said Section 28;
(5) Parcel H: the South 660.00 feet of the Northwest Quarter of the Northeast
Quarter of Section 28;
(6) Parcel I: the Southwest Quarter of the Northeast Quarter of Section 28, except
the West 660.00 feet of said Southwest Quarter; and
(7) Parcel J: that part of the North One-Half of the Southeast Quarter of Section 28,
described as follows: Commencing at the northwest corner of said North One-Half of the
Southeast Quarter; thence South 89 degrees 57 minutes 36 seconds East along the north
line of said North One-Half of the Southeast Quarter a distance of 660.01 feet to the east
line of the West 660.00 feet of said North One-Half of the Southeast Quarter and the actual
point of beginning; thence continue South 89 degrees 57 minutes 36 seconds East along
the north line of said North One-Half of the Southeast Quarter a distance of 657.40 feet to
the southeast corner of the Southwest Quarter of the Northeast Quarter of said Section 28;
thence South 00 degrees 19 minutes 17 seconds West, parallel to the west line of said North
One-Half of the Southeast Quarter a distance of 715.12 feet to the westerly right-of-way
of US Interstate Highway 35; thence along said westerly right-of-way of US Interstate
Highway 35 a distance of 457.86 feet on a nontangential curve, concave to the southeast,
having a radius of 1,0 54.93 feet, a central angle of 24 degrees 52 minutes 03 seconds, and
a chord bearing of South 39 degrees 00 minutes 37 seconds West; thence South 46 degrees
44 minutes 11 seconds West along said westerly right-of-way of US Interstate Highway 35
a distance of 295.30 feet to the northerly right-of-way of Minnesota Trunk Highway 73;
thence 163.55 feet along said northerly right-of-way of Minnesota Trunk Highway 73 on
a nontangential curve, concave to the south, having a radius of 1, 984.88 feet, a central
angle of 4 degrees 43 minutes 16 seconds, and a chord bearing of South 77 degrees 39
minutes 40 seconds West to the east line of the West 660.00 feet of said North One-Half of
the Southeast Quarter; thence North 00 degrees 19 minutes 17 seconds East a distance of
1, 305.90 feet, more or less, to the point of beginning and there terminating.
new text begin
The following area is added to Fort Snelling State Park, Hennepin
County: that part of Section 20, Township 29 North, Range 23 West, described as follows:
From monument number 2, located on the westerly extension of the south boundary
of the U.S. Department of the Interior, Bureau of Mines; thence South 89 degrees 52
minutes 00 seconds East along said south boundary of the Bureau of Mines, 478.97 feet to
reference point 1 on the easterly right-of-line of Trunk Highway No. 55 and the point of
beginning; thence South 48 degrees 48 minutes 53 seconds East, 458.74 feet along the
easterly right-of-way line of said Trunk Highway No. 55; thence North 23 degrees 48
minutes 00 seconds East, 329.00 feet to the south boundary of the Bureau of Mines; thence
North 89 degrees 52 minutes 00 seconds West, 478.07 feet along said south boundary of
the Bureau of Mines to the point of beginning.
new text end
new text begin
The following areas are added to Mille Lacs Kathio State Park, Mille Lacs County:
new text end
new text begin
(1) Government Lot 4 of the Northwest Quarter of the Northwest Quarter; all
in Section 25, Township 42, Range 27, less a tract to highway described as follows:
Commencing at a point approximately 270.0 feet East of the southwest corner of
Government Lot 4, Section 25, Township 42 North, Range 27 West, Engineers Station
71+00; thence North 26 degrees 56 minutes West to the west line of Section 25 at
Engineers Station 77+07.4 a distance of 607.4 feet and there terminating. The above
describes the center line of an 82.5-foot right-of-way for the reconstruction of County
State-Aid Highway No. 26 and contains 0.23 acres in addition to the present 66-foot
right-of-way, Mille Lacs County, Minnesota;
new text end
new text begin
(2) Government Lot 5, Section 25, Township 42, Range 27;
new text end
new text begin
(3) that part of Government Lot 1, Section 26, Township 42 North, Range 27
West, Mille Lacs County, Minnesota, EXCEPT that part of Government Lot 1, Section
26, Township 42 North, Range 27 West, Mille Lacs County, Minnesota, described as
follows: Beginning at the northeast corner of said Government Lot 1; thence North 89
degrees 09 minutes 54 seconds West, bearing based on Mille Lacs County Coordinate
System, along the north line of said Government Lot 1 a distance of 665.82 feet to a
3/4 inch iron rod with survey cap stamped "MN DNR LS 16098" (DNR monument);
thence South 00 degrees 00 minutes 00 seconds West a distance of 241.73 feet to a DNR
monument; thence continuing South 00 degrees 00 minutes 00 seconds West a distance of
42.18 feet to a P.K. nail in the centerline of County Road 26; thence southeasterly along
the centerline of County Road 26 a distance of 860 feet, more or less, to the east line of
said Government Lot 1; thence North 00 degrees 22 minutes 38 seconds East along the
east line of said Government Lot 1 a distance of 763 feet, more or less, to the point of
beginning, containing 6.6 acres, more or less. AND EXCEPT, that part of Government
Lot 1, Section 26, Township 42 North, Range 27 West, described as follows: Commencing
at a point where the west line of the Northwest Quarter of the Northwest Quarter, Section
25, Township 42, Range 27, intersects the meander line of lake commonly known and
designated as "Warren Lake"; thence North along the west line of said forty a distance
of 20 rods; thence West at right angles to the meander line of said Warren Lake; thence
in a southeasterly direction to the point of beginning; and
new text end
new text begin
(4) Government Lot 2, Section 26, Township 42 North, Range 27 West, Mille Lacs
County, Minnesota.
new text end
new text begin
The following area is deleted from Lake Bemidji State Park, all in Beltrami County: that
part of Government Lot 5, Section 24, Township 147 North, Range 33 West, Beltrami
County, Minnesota described as follows: Commencing at the most easterly corner of Lot
2, Block 1, Shady Cove, according to the recorded plat thereof; thence northeasterly
along the northeasterly extension of the line between Lots 1 and 2, Block 1 in said plat,
a distance of 66.00 feet, to the point of beginning of the land to be described; thence
continuing along last described course a distance of 150.00 feet; thence deflecting to the
left 90 degrees 00 minutes 00 seconds, a distance of 607.70 feet; thence westerly along a
line perpendicular to the westerly boundary of said Government Lot 5 to the west line of
said Government Lot 5; thence South along the westerly boundary of said Government
Lot 5 to intersect a line 66.00 feet northeasterly of, as measured at a right angle to and
parallel with the northeasterly line of Block 1, said Shady Cove; thence southeasterly
along said parallel line to the point of beginning.
new text end
new text begin
The following areas are deleted from Great River Bluffs State Park, Winona County:
new text end
new text begin
(1) beginning at a point 200 feet West from the southeast corner of Lot 2, Section 26,
Township 106 North, Range 5 West; thence West on lot line between Lots 2 and 3, 380
feet; thence North 58 degrees East, 320 feet; thence South 32 degrees East, 205 feet to
place of beginning, containing 85/100 of an acre, more or less, Winona County, Minnesota;
new text end
new text begin
(2) commencing at a point 200 feet West from the northeast corner of Lot 3, Section
26, Township 106 North, Range 5 West; thence South 33 degrees East 300 feet; thence
South 58 degrees West 290 feet; thence North 32 degrees West, 490 feet to the lot line
between Lots 2 and 3; thence East 350 feet to the place of beginning, containing 3 acres,
more or less, Winona County, Minnesota;
new text end
new text begin
(3) that part of the recorded plat of East Richmond, Winona County, Minnesota,
lying within Section 27, Township 106 North, Range 5 West, that lies northwesterly of the
southeasterly line of Jefferson Street, as dedicated in said plat and that lies southwesterly
of the southwesterly right-of-way line of U.S. Highway No. 61;
new text end
new text begin
(4) Lots 7 and 8, Block B, of Fern Glen Acres, the same being located upon and
forming a part of Government Lot 1, Section 35; Lot 9 in Block B of Fern Glen Acres,
township of Richmond, according to the recorded plat thereof; beginning at the southeast
corner of Lot 9, Block B, Fern Glen Acres, South 33 degrees East 140 feet; thence South
70 degrees West 208 feet; thence North 33 degrees West 140 feet to the southwest line of
Lot 9, Block B, Fern Glen Acres; thence North 57 degrees East on the southwest line of
Lot 9, Block B, Fern Glen Acres, to place of beginning, all in Government Lot 1, Section
35, Township 106 North, Range 5 West, containing 3/4 acre more or less;
new text end
new text begin
(5) that part of Government Lot 1, Section 35, Township 106, Range 5, Winona
County, Minnesota, which is more particularly bounded and described as follows, to wit:
Commencing at the southwest corner of Lot 9 of Block "B" of the Plat of Fern Glen Acres;
thence in a northeasterly direction and along the southerly line of said Lot 9 for a distance
of 36.0 feet; thence deflect to the right 90 degrees 00 minutes, for a distance of 107.81 feet
to an iron pipe which marks the point of beginning; thence continue in a southeasterly
direction along the last described course for a distance of 73.78 feet; thence deflect to
the left 9 degrees 04 minutes, for a distance of 32.62 feet; thence deflect to the right 90
degrees 00 minutes, for a distance of 73.23 feet; thence deflect to the right 89 degrees 20
minutes, for a distance of 104.04 feet; thence deflect to the right 9 degrees 44 minutes, for
a distance of 35.00 feet; thence deflect to the right 90 degrees 00 minutes, for a distance of
64.75 feet; thence deflect to the right on a curve (Delta angle 90 degrees 00 minutes, radius
20.00 minutes) for an arc distance of 31.42 feet, more or less, to the point of beginning;
new text end
new text begin
(6) that part of Government Lot 1, Section 35, Township 106, Range 5, Winona
County, Minnesota, which is more particularly bounded and described as follows:
Commencing at the southwest corner of Lot 9 of Block "B" of Fern Glen Acres; thence in
a northeasterly direction along the southerly line of said Lot 9, a distance of 56.00 feet;
thence at a deflection angle to the right of 90 degrees 00 minutes a distance of 180.00 feet
to an iron pipe monument which marks the point of beginning; thence at a deflection angle
to the left of 80 degrees 56 minutes 00 seconds a distance of 113.20 feet to the southerly
right-of-way of U.S. Highway No. 61; thence at a deflection angle to the right of 84
degrees 18 minutes 00 seconds and southeasterly along the southerly right-of-way line of
said U.S. Highway No. 61 a distance of 147.73 feet; thence at a deflection angle to the
right of 87 degrees 12 minutes 30 seconds a distance of 193.87 feet; thence at a deflection
angle to the right of 88 degrees 45 minutes 30 seconds a distance of 132.18 feet; thence at
a deflection angle to the right of 90 degrees 40 minutes 00 seconds a distance of 93.23
feet; thence at a deflection angle to the left of 90 degrees 00 minutes 00 seconds a distance
of 30.35 feet, more or less, to the point of beginning;
new text end
new text begin
(7) that part of Government Lot 1, Section 35, Township 106 North, Range 5 West,
Winona County, Minnesota, which is more particularly bounded and described as follows:
Commencing at the southwest corner of Lot 9 of Block "B" of the Plat of Fern Glen
Acres; thence in a northeasterly direction along the southerly line of said Lot 9 a distance
of 56.00 feet; thence at a deflection angle to the right of 90 degrees 00 minutes a distance
of 180.00 feet; thence at a deflection angle to the left of 9 degrees 04 minutes 00 seconds a
distance of 164.29 feet to an iron pipe monument which marks the point of beginning;
thence at a deflection angle to the left of 89 degrees 25 minutes 30 seconds a distance
of 102.19 feet to the southerly right-of-way line of U.S. Highway No. 61; thence at a
deflection angle to the right of 92 degrees 47 minutes 30 seconds and southeasterly along
the southerly right-of-way line of said U.S. highway a distance of 85.10 feet; thence at a
deflection angle to the right of 87 degrees 12 minutes 30 seconds a distance of 187.89 feet;
thence at a deflection angle to the right of 88 degrees 45 minutes 30 seconds a distance of
85.02 feet; thence at a deflection angle to the right of 91 degrees 14 minutes 30 seconds a
distance of 91.68 feet, more or less, to the point of beginning;
new text end
new text begin
(8) that part of Government Lots 1 and 2, Section 35, Township 106, Range 5,
Winona County, Minnesota, described as follows: Commencing at the southwest corner of
Lot 8 of Fern Glen Acres; thence South 33 degrees East 82.5 feet; thence North 57 degrees
East 24.4 feet; thence South 43 degrees 47 minutes 30 seconds East 217.66 feet to an iron
pipe in place; thence South 42 degrees 04 minutes East 296.1 feet to an iron pipe and the
point of beginning; thence South 48 degrees 30 minutes 30 seconds West 107.35 feet to
an iron pipe; thence continuing South 48 degrees 30 minutes 30 seconds West 12.11
feet; thence South 40 degrees 29 minutes 30 seconds East 100.7 feet; thence North 48
degrees 30 minutes 30 seconds East 17.83 feet to an iron pipe; thence continuing North
48 degrees 30 minutes 30 seconds East 111.83 feet to an iron pipe; thence continuing
North 48 degrees 30 minutes 30 seconds East 70.61 feet to an iron pipe at a point on the
southerly boundary line of Minnesota Trunk Highway No. 61 right-of-way; thence along
said southerly boundary line a chord distance of 100.7 feet on a bearing North 40 degrees
29 minutes 30 seconds West to an iron pipe; thence South 48 degrees 30 minutes 30
seconds West 80.54 feet to the point of beginning;
new text end
new text begin
(9) that part of Government Lots 1 and 2, Section 35, Township 106 North, Range 5
West, Winona County, Minnesota, described as follows: Commencing at the southwest
corner of Lot 8 of Fern Glen Acres; thence South 33 degrees East 82.5 feet; thence North
57 degrees East 24.4 feet; thence South 43 degrees 47 minutes 30 seconds East 217.66
feet to an iron pipe in place; thence South 42 degrees 04 minutes East 296.1 feet to an iron
pipe; thence South 46 degrees 06 minutes 30 seconds East 101.05 feet to an iron pipe being
the point of beginning; thence South 48 degrees 30 minutes 30 seconds West 111.83 feet to
an iron pipe; thence continuing South 48 degrees 30 minutes 30 seconds West 17.56 feet;
thence South 41 degrees 53 minutes East 192.4 feet; thence North 48 degrees 30 minutes
30 seconds East 94.05 feet to an iron pipe; thence continuing North 48 degrees 30 minutes
30 seconds East 105.95 feet to an iron pipe at a point on the southerly boundary line of
U.S. Highway No. 61 right-of-way; thence along said southerly boundary line a chord
distance of 192.4 feet on a bearing of North 41 degrees 53 minutes West to an iron pipe;
thence South 48 degrees 30 minutes 30 seconds West 70.61 feet to the point of beginning;
new text end
new text begin
(10) that part of Government Lot 2, Section 35, Township 106 North, Range 5 West,
Winona County, Minnesota described as follows: Commencing at the southwest corner of
Lot 8 of Fern Glen Acres; thence South 33 degrees East 82.5 feet; thence North 57 degrees
East 24.4 feet; thence South 43 degrees 47 minutes 30 seconds East 217.66 feet to an
iron pipe in place; thence South 42 degrees 04 minutes East 296.1 feet; thence South 46
degrees 06 minutes 30 seconds East 371.05 feet to an iron pipe, the point of beginning;
thence North 48 degrees 30 minutes 30 seconds East 52.45 feet to an iron pipe at a point
on the southerly boundary line of Minnesota Trunk Highway No. 61 right-of-way; thence
along said southerly boundary line a chord distance of 76.80 feet on a bearing of North
43 degrees 09 minutes 30 seconds West to an iron pipe; thence South 48 degrees 30
minutes 30 seconds West 105.95 feet to an iron pipe; thence continuing South 48 degrees
30 minutes 30 seconds West 94.05 feet; thence South 43 degrees 09 minutes 30 seconds
East 76.80 feet; thence North 48 degrees 30 minutes 30 seconds East 55.93 feet to an iron
pipe; thence continuing North 48 degrees 30 minutes 30 seconds East 91.62 feet to the
point of beginning;
new text end
new text begin
(11) that part of Government Lot 2, Section 35, Township 106 North, Range 5 West,
Winona County, Minnesota described as follows: Commencing at the southwest corner of
Lot 8 of the Plat of Fern Glen Acres; thence South 33 degrees East 82.5 feet; thence North
57 degrees East 24.4 feet; thence South 43 degrees 47 minutes 30 seconds East 217.66
feet to an iron pipe; thence South 42 degrees 04 minutes East 296.1 feet to an iron pipe;
thence South 46 degrees 06 minutes 30 seconds East 371.05 feet to an iron pipe which is
the point of beginning; thence South 48 degrees 30 minutes 30 seconds West and along the
south line of the property heretofore conveyed by Deed in Book 237 of Deeds on Page
693, for a distance of 147.55 feet; thence South 44 degrees 33 minutes 19 seconds East
127.91 feet; thence North 43 degrees 53 minutes 30 seconds East and along the northerly
line of the property heretofore conveyed by Deed to Vincent Zanon in Book 252 of Deeds
on page 663, for a distance of 200 feet, more or less, to the southerly right-of-way line of
U.S. Highway No. 61; thence North 44 degrees 38 minutes 48 seconds West and along
said southerly right-of-way line of U.S. Highway No. 61 for a distance of 111.94 feet to an
iron pipe in place at the southeast corner of the property heretofore conveyed by Deed in
Book 237 of Deeds on page 693; thence South 48 degrees 30 minutes 30 seconds West
52.45 feet, more or less, to the point of beginning;
new text end
new text begin
(12) that part of Government Lot 2, Section 35, Township 106 North, Range 5
West, Winona County, Minnesota, described as follows: Commencing at the southwest
corner of Lot 8 of the Plat of Fern Glen Acres; thence South 33 degrees East 82.5 feet;
thence North 57 degrees East 24.4 feet; thence South 43 degrees 47 minutes 30 seconds
East 217.66 feet to an iron pipe; thence South 42 degrees 04 minutes East 296.1 feet to
an iron pipe; thence South 46 degrees 06 minutes 30 seconds East 371.05 feet to an iron
pipe; thence South 48 degrees 30 minutes 30 seconds West and along the south line of the
property heretofore conveyed by Deed in Book 237 of Deeds on page 693, for a distance
of 147.55 feet; thence South 44 degrees 33 minutes 19 seconds East 127.91 feet to the
point of beginning; thence continuing South 44 degrees 33 minutes 19 seconds East 112
feet; thence North 43 degrees 53 minutes 30 seconds East and along the north line of the
property heretofore conveyed by Deed in Book 240 of Deeds on page 367, for a distance
of 200 feet to the southerly right-of-way line of U.S. Highway No. 61; thence North 44
degrees 38 minutes 48 seconds West and along the said southerly right-of-way line of
U.S. Highway No. 61 for a distance of 112 feet; thence South 43 degrees 53 minutes 30
seconds West for a distance of 200 feet, more or less, to the point of beginning; and
new text end
new text begin
(13) that part of Government Lot 2, Section 35, Township 106 North, Range 5 West,
Winona County, Minnesota, described as follows: Commencing at the southwest corner
of Lot 8, Block "B" of Fern Glen Acres; thence South 33 degrees East 82.5 feet; thence
North 57 degrees East 24.4 feet; thence South 43 degrees 47 minutes 30 seconds East
217.66 feet to an iron pipe; thence South 42 degrees 04 minutes East 296.1 feet to an iron
pipe; thence South 46 degrees 06 minutes 30 seconds East 599.10 feet to an iron pipe, the
point of beginning; thence North 43 degrees 53 minutes 30 seconds East 46.54 feet to a
point on the southerly boundary line of Trunk Highway No. 61 right-of-way; thence along
said southerly boundary line a chord distance of 73.05 feet, bearing South 46 degrees 00
minutes East; thence continuing along said southerly boundary line South 43 degrees 33
minutes West 10.0 feet; thence continuing along said southerly boundary line a chord
distance of 28.50 feet bearing South 46 degrees 30 minutes East; thence South 45 degrees
00 minutes West 41.95 feet to an iron pipe in place; thence South 33 degrees 32 minutes
West 255.0 feet; thence North 43 degrees 30 minutes 22 seconds West 146.84 feet; thence
North 43 degrees 53 minutes 30 seconds East 184.1 feet to an iron pipe; thence North 43
degrees 53 minutes 30 seconds East 65.9 feet to the point of beginning.
new text end
new text begin
By August 30, 2009, the commissioner of natural resources must enter a 30-year
lease of state land, according to Minnesota Statutes, section 92.502, paragraph (b), with
the Mountain Iron Economic Development Authority for installation of up to four wind
turbines and access roads. The land covered by the lease is located in St. Louis County
and is described as: the South Half of Section 16, Township 59 North, Range 15 West.
new text end
new text begin
This section is effective the day following final enactment.
new text end
new text begin
By July 30, 2009, the commissioner of natural resources shall grant easements
across state land administered by the commissioner to private landowners on Bass Bay on
the north shore of Lake Vermilion to access Mud Creek Road (County Highway 408).
Prior to granting an easement under this section, the commissioner shall comply with
any applicable environmental review requirements in effect on the effective date of this
section. If the commissioner has already prepared an environmental assessment worksheet
for a proposed easement to which this section applies, further environmental review is
not required by this section. A landowner granted an easement under this section shall
grant a reciprocal easement to the state.
new text end
new text begin
This section is effective the day following final enactment.
new text end
new text begin
The commissioner of natural resources shall work with the commissioner of
veterans affairs to locate sites throughout the state that would be appropriate for a new
veterans cemetery.
new text end
new text begin
The commissioner of natural resources shall adopt a suitable marking design to
mark the C. J. Ramstad/Northshore Trail and shall erect the appropriate signs after the
commissioner has been assured of the availability of funds from nonstate sources sufficient
to pay all costs related to designing, erecting, and maintaining the signs.
new text end
Laws 2007, chapter 131, article 2, section 38, is amended to read:
(a) Notwithstanding Minnesota Statutes, sections 92.45, 94.09, and 94.10, the
commissioner of natural resources may sell by new text begin public or new text end private sale the surplus land
bordering public water that is described in paragraph (c).
(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 begin If sold by private sale, new text end the commissioner may only sell the land to a
governmental subdivision of the state. new text begin If sold by private sale, new text end the conveyance may be for
less than the value of the land as determined by the commissioner, but the conveyance
must provide that the land be used for the public and reverts to the state if the governmental
subdivision fails to provide for public use or abandons the public use of the land.
(c) The land that may be sold is located in Washington County and is described as
follows, Parcels A and B containing altogether 31.55 acres, more or less:
(1) Parcel A: all that part of the North Half of the Southeast Quarter, Section
30, Township 30 North, Range 20 West, bounded by the following described lines:
commencing at the east quarter corner of said Section 30; thence on an assumed bearing
of North 88 degrees 13 minutes 48 seconds West, 399.98 feet on and along the east-west
quarter line of said Section 30 to the point of beginning; thence North 88 degrees 13
minutes 48 seconds West, 504.57 feet on and along the said east-west quarter line; thence
South 17 degrees 54 minutes 26 seconds West, 1377.65 feet to a point on the south 1/16
line of said Section 30; thence South 88 degrees 10 minutes 45 seconds East, 504.44 feet
on and along the south 1/16 line of said Section 30; thence North 17 degrees 54 minutes
26 seconds East, 1378.11 feet to the point of beginning; and
(2) Parcel B: all that part of the North Half of the Southeast Quarter, Section
30, Township 30 North, Range 20 West, bounded by the following described lines:
commencing at the east quarter corner of said Section 30; thence on an assumed bearing
of North 88 degrees 13 minutes 48 seconds West, 904.55 feet along the east-west quarter
line of said Section 30 to the point of beginning; thence South 17 degrees 54 minutes 26
seconds West, 1377.65 feet to a point on the south 1/16 line of said Section 30; thence
North 88 degrees 10 minutes 45 seconds West, 369.30 feet along said south 1/16 line;
thence North 42 degrees 24 minutes 47 seconds West, 248.00 feet; thence North 02
degrees 59 minutes 30 seconds East, 488.11 feet; thence North 47 degrees 41 minutes 19
seconds East, 944.68 feet to a point on the east-west quarter line of said Section 30;
thence South 88 degrees 13 minutes 48 seconds East, 236.03 feet along said east-west
quarter line to the point of beginning.
(d) The land borders Long Lake and is not contiguous to other state lands. The
land was donated to the state with the understanding that the land would be used as a
wildlife sanctuary. The Department of Natural Resources has determined that the land is
not needed for natural resource purposes.
Laws 2008, chapter 368, article 1, section 34, is amended to read:
(a) Notwithstanding Minnesota Statutes, sections 94.09 deleted text begin and 94.10deleted text end new text begin to 94.16new text end , the
commissioner of natural resources deleted text begin may sell by private saledeleted text end new text begin shall sellnew text end to the city of Wayzata
the surplus land that is described in paragraph (c)new text begin upon verification that the city has
acquired the adjacent parcel, currently occupied by a gas stationnew text end .
(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 new text begin the land described in paragraph (c) new text end to the
city of Wayzata, for deleted text begin less than the value of the land as determined by the commissionerdeleted text end new text begin up
to $75,000 plus transaction costsnew text end , but the conveyance must provide that the land described
in paragraph (c) be used for deleted text begin thedeleted text end new text begin anew text end public new text begin road new text end and reverts to the state if the city of Wayzata
fails to provide for public use new text begin of the land as a road new text end or abandons the public use of the land.
(c) The land that may be sold is located in Hennepin County and is described as:
Tract F, Registered Land Survey No. 1168.
(d) The Department of Natural Resources has determined that the state's land
management interests would best be served if the land was conveyed to the city of
Wayzata.
new text begin
This section is effective the day following final enactment.
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 Aitkin County and is described as:
new text end
new text begin
(1) parts of Government Lot 3, Section 33, and the Southeast Quarter of the
Southwest Quarter, Section 28, all in Township 50 North, Range 23 West, Aitkin County,
Minnesota, described as follows:
new text end
new text begin
Commencing at the north quarter corner of said Section 33; thence South 88 degrees
07 minutes 19 seconds West, assumed bearing, along the northerly line of said
Government Lot 3, a distance of 1020.00 feet to the point of beginning of the tract to
herein be described; thence North 1 degree 52 minutes 41 seconds West 660.00 feet;
thence South 88 degrees 07 minutes 19 seconds West 300 feet; thence South 1 degree
52 minutes 41 seconds East 660.00 feet to the northerly line of said Government Lot
3; thence South 88 degrees 07 minutes 19 seconds West 15.08 feet to the northwest
corner of said Government Lot 3; thence South 1 degree 08 minutes 57 seconds East
326.00 feet, more or less, to the shoreline of Big Sandy Lake Reservoir; thence
easterly along the said shoreline to a point which bears South 1 degree 52 minutes
41 seconds East from the point of beginning; thence North 1 degree 52 minutes 41
seconds West 330.00 feet, more or less, to the point of beginning of the tract to
herein be described and there terminating, containing 3.89 acres, more or less; and
new text end
new text begin
(2) those parts of Government Lot 3, Section 33 and the Southeast Quarter of the
Southwest Quarter, Section 28, all in Township 50 North, Range 23 West, described
as follows:
new text end
new text begin
Commencing at the north quarter corner of said Section 33; thence South 88 degrees
07 minutes 19 seconds West, assumed bearing, along the northerly line of said
Government Lot 3, a distance of 920.00 feet to the point of beginning of the tract
to herein be described; thence North 1 degree 52 minutes 41 seconds West 660.00
feet; thence South 88 degrees 07 minutes 19 seconds West 100.00 feet; thence South
1 degree 52 minutes 41 seconds East 990.00 feet, more or less, to the shoreline of
Big Sandy Lake Reservoir; thence easterly along the said shoreline to a point which
bears South 1 degree 52 minutes 41 seconds East from the point of beginning; thence
North 1 degree 52 minutes 41 seconds West 341.60 feet, more or less, to the point of
beginning of the tract to herein be described and there terminating.
new text end
new text begin
(d) The land borders Big Sandy Lake. The Department of Natural Resources has
determined that the land is not needed for natural resource purposes.
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 to the city of Ham Lake 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 Anoka County and is described as:
new text end
new text begin
That part of Government Lot 1, Section 20, Township 32 North, Range 23 West,
described as follows: beginning at the quarter corner on the east line of Section
20, thence northerly along the east line of said Section 20, a distance of 1,250
feet; thence westerly and parallel to the east and west quarter line of Section 20, a
distance of 400 feet; thence southerly and parallel to the east line of Section 20, a
distance of 750 feet; thence westerly and parallel to the east and west quarter line
of Section 20, a distance of 750 feet; thence southerly and parallel to the east line
of Section 20, a distance of 500 feet, to the east and west quarter line of Section
20; thence easterly along the quarter line a distance of 1,150 feet to the point of
beginning, containing 20 acres, more or less.
new text end
new text begin
(d) The city of Ham Lake currently leases the state land for a hiking trail in
connection with Anoka County's management of adjacent public lands used for a
county park. The Department of Natural Resources has determined that the state's land
management interests would best be served if the land was conveyed to the city of Ham
Lake.
new text end
new text begin
(e) The city will use the land for the purpose of a public park.
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 Beltrami County and is described as:
Government Lot 7, Section 25, Township 149 North, Range 33 West, containing 22 acres,
more or less.
new text end
new text begin
(d) The land borders Bass Lake. The Department of Natural Resources has
determined that the land is not needed for natural resource purposes.
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 Beltrami County and is described as: the
West Half of the Northwest Quarter, Section 29, Township 147 North, Range 34 West,
containing 80 acres, more or less.
new text end
new text begin
(d) The land borders Grant Creek. The Department of Natural Resources has
determined that the land is not needed for natural resource purposes.
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: Lot 21
of Longwood Point, according to the map or plat thereof on file and of record in the Office
of the County Recorder in and for Cass County, Minnesota, in Section 5, Township 139
North, Range 26 West, containing 3.03 acres, more or less.
new text end
new text begin
(d) The land borders Washburn Lake. The Department of Natural Resources has
determined that the land is not needed for natural resource purposes.
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:
Government Lots 5 and 6, Section 3, Township 141 North, Range 27 West, containing
81.15 acres, more or less.
new text end
new text begin
(d) The land borders Mable 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.
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 the White Earth Band of Ojibwe
for less than the value of the land as determined by the commissioner, but the conveyance
must provide that the land be used for the public and reverts to the state if the band fails
to provide for public use or abandons the public use of the land. The conveyance may
reserve an easement for ingress and egress.
new text end
new text begin
(c) The land that may be sold is located in Clearwater County and is described as:
the West 400 feet of the South 750 feet of Government Lot 3, Section 31, Township 145
North, Range 38 West, containing 6.89 acres, more or less.
new text end
new text begin
(d) The Department of Natural Resources has determined that the land and building
are no longer needed for natural resource purposes.
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 Crow Wing County and is described as:
new text end
new text begin
(1) Government Lot 3, Section 9, Township 136 North, Range 28 West, containing
39.25 acres, more or less; and
new text end
new text begin
(2) Government Lot 2, Section 9, Township 136 North, Range 28 West, containing
25.3 acres, more or less.
new text end
new text begin
(d) The land borders Shaffer 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.
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 Crow Wing County and is described
as: the North 1,000 feet of Government Lot 3, Section 25, Township 136 North, Range
27 West, excepting that portion which lies North and East of F.A.S #11, containing 32
acres, more or less.
new text end
new text begin
(d) The land borders the Pine River. The Department of Natural Resources has
determined that the land is not needed for natural resource purposes.
new text end
new text begin
The portion of land conveyed to the city of Eagan under Laws 1995, chapter 159,
now described as Parcel No. 10-30601-090-00, Outlot I, Gopher Eagan Industrial Park 2nd
Addition, may be used for a colocation facility that provides secured space for public and
private Internet and telecommunications network equipment and servers, notwithstanding
the provision that the land reverts to the state if it is not used for public park or open space
purposes. The commissioner of revenue is authorized to issue a state deed that provides
for the land described above to be used for this purpose. The colocation facility must not
be used by the municipality to provide voice, video, or Internet access services to the
residents or businesses located in the city of Eagan. Nothing in this section is intended to
restrict or limit the city of Eagan from communicating with its residents and businesses
regarding governmental information and providing for the delivery of electronic services.
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).
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(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.
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(c) The land that may be sold is located in Fillmore County and is described as:
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That part of the Northwest Quarter of the Northwest Quarter of Section 2, Township
103 North, Range 10 West, described as follows: commencing at the northeast
corner of the North Half of the Northwest Quarter of said Section 2; thence on
an assumed bearing of South 89 degrees 22 minutes 48 seconds West, along the
north line of said North Half of the Northwest Quarter, 500.09 feet; thence South
33 degrees 21 minutes 11 seconds West, 1,520.38 feet; thence North 00 degrees
37 minutes 12 seconds West, 540.85 feet; thence south 89 degrees 22 minutes 48
seconds West, 630.00 feet to the point of beginning of the land to be described;
thence North 00 degrees 37 minutes 12 seconds West, 551.74 feet to the center line
of Goodview Drive; thence North 89 degrees 03 minutes 27 seconds West, along
said center line 77.26 feet; thence South 89 degrees 52 minutes 18 seconds West,
along said center line, 162.78 feet; thence South 25 degrees 32 minutes 45 seconds
West, 82.13 feet; thence South 20 degrees 17 minutes 19 seconds West, 169.57
feet; thence South 18 degrees 48 minutes 07 seconds West, 143.54 feet; thence
South 26 degrees 31 minutes 49 seconds West, 211.00 feet; thence North 89 degrees
22 minutes 48 seconds East, 480.75 feet to the point of beginning. Subject to the
right-of-way of said Goodview Drive. Containing 4.53 acres, more or less.
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(d) The sale would be to the Eagle Bluff Environmental Learning Center for
installation of a geothermal heating system for the center's adjacent educational facilities.
The Department of Natural Resources has determined that the land is not needed for
natural resource purposes.
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(a) Notwithstanding Minnesota Statutes, sections 92.45, 94.09, and 94.10, the
commissioner of natural resources may sell by private sale to the city of St. Louis Park the
surplus land that is described in paragraph (c).
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(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 to the city of St. Louis Park 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
city of St. Louis Park fails to provide for public use or abandons the public use of the land.
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(c) The land that may be sold is located in Hennepin County and is described as:
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A strip of land 130 feet wide in the Southeast Quarter of the Northwest Quarter of
Section 20, Township 117 North, Range 21 West, the center line of which strip
has its beginning at a point on the west boundary of said Southeast Quarter of the
Northwest Quarter, and 753.8 feet distant from the south boundary line of said
Southeast Quarter of the Northwest Quarter, and continued thence east on a line
parallel with the south boundary line of said Southeast Quarter of the Northwest
Quarter for a distance of 1,012 feet, containing 3.02 acres, more or less.
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(d) The land is adjacent to Minnehaha Creek and adjacent to other lands managed
by the city of St. Louis Park. The Department of Natural Resources has determined that
the state's land management interest would best be served if the land were conveyed to
the city of St. Louis Park.
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(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).
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(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.
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(c) The land that may be sold is located in Hubbard County and is described as: those
parts of Government Lot 4 and the Southwest Quarter of the Southwest Quarter, Section
16, Township 143 North, Range 34 West, Hubbard County, Minnesota, lying southerly
and easterly of Minnesota Department of Transportation Right-of-Way Plat Numbered
29-18 and Minnesota Department of Transportation Right-of-Way Plat Numbered 29-2
as the same is on file and of record in the Office of the County Recorder for Hubbard
County, Minnesota, and lying westerly of the East 600 feet of said Government Lot 4,
containing 14.6 acres, more or less.
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(d) The land borders Lake Paine. The Department of Natural Resources has
determined that the land is not needed for natural resource purposes.
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(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).
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(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.
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(c) The land that may be sold is located in Itasca County and is described as: Lot
23, Eagle Point Plat, Section 11, Township 59 North, Range 25 West, containing 0.31
acres, more or less.
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(d) The land borders Eagle 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.
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Notwithstanding the provisions of Minnesota Statutes, chapter 282, and any other
law relating to the apportionment of proceeds from the sale of tax-forfeited land, Itasca
County may deposit proceeds from the sale of tax-forfeited lands into a tax-forfeited
land replacement trust fund created in Laws 2006, chapter 236, article 1, section 43, as
amended by Laws 2008, chapter 368, article 1, section 18. The principal and interest from
these proceeds may be spent only on the purchase of lands to replace the tax-forfeited
lands sold to Minnesota Steel Industries or for lands better suited for retention by Itasca
County. Lands purchased with the land replacement fund must:
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(1) become subject to a trust in favor of the governmental subdivision wherein they
lie and all laws related to tax-forfeited lands; and
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(2) be for forest management purposes and dedicated as memorial forest under
Minnesota Statutes, section 459.06, subdivision 2.
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(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
Kittson County may sell the tax-forfeited land bordering public water that is described in
paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.
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(b) The conveyance must be in a form approved by the attorney general. The attorney
general may make changes to the land description to correct errors and ensure accuracy.
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(c) The land to be sold is located in Kittson County and is described as: that certain
parcel situate in the Southwest Quarter of Section 10; Township 163 North, Range 48
West, described as follows: beginning at the southeast corner of said Southwest Quarter
of said Section 10; thence West along the south boundary line of said Southwest Quarter
a distance of 1,900 feet; thence North and parallel to the east boundary line of said
Southwest Quarter a distance of 1,050 feet; thence East and parallel to the south boundary
line of said Southwest Quarter a distance of 750 feet; thence southeasterly in a straight
line to the point of beginning.
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(a) Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, the commissioner
of natural resources may sell by private sale to the township of Murray the surplus land
that is described in paragraph (c).
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(b) The conveyance must be in a form approved by the attorney general and may be
for consideration less than the appraised value of the land. The attorney general may make
necessary changes to the legal description to correct errors and ensure accuracy.
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(c) The land to be sold is located in Murray County and is described as: that part of
Government Lot 6, that part of Government Lot 7, and that part of Government Lot 8 of
Section 6, Township 107 North, Range 40 West, and that part of Government Lot 1 and
that part of Government Lot 2 of Section 7, Township 107 North, Range 40 West, Murray
County, Minnesota, described as follows: Commencing at the east quarter corner of said
Section 6; thence on a bearing based on the 1983 Murray County Coordinate System (1996
Adjustment), of South 00 degrees 17 minutes 23 seconds East 1247.75 feet along the east
line of said Section 6; thence South 88 degrees 39 minutes 00 seconds West 1942.74 feet;
thence South 03 degrees 33 minutes 00 seconds West 94.92 feet to the northeast corner of
Block 5 of FORMAN ACRES, according to the recorded plat thereof on file and of record
in the Murray County Recorder's Office; thence South 14 degrees 34 minutes 00 seconds
West 525.30 feet along the easterly line of said Block 5 and along the easterly line of the
private roadway of FORMAN ACRES to the southeasterly corner of said private roadway
and the POINT OF BEGINNING; thence North 82 degrees 15 minutes 00 seconds West
796.30 feet along the southerly line of said private roadway to an angle point on said line
and an existing 1/2 inch diameter rebar; thence South 64 degrees 28 minutes 26 seconds
West 100.06 feet along the southerly line of said private roadway to an angle point on said
line and an existing 1/2 inch diameter rebar; thence South 33 degrees 01 minute 32 seconds
West 279.60 feet along the southerly line of said private roadway to an angle point on said
line; thence South 76 degrees 04 minutes 52 seconds West 766.53 feet along the southerly
line of said private roadway to a 3/4 inch diameter rebar with a plastic cap stamped "MN
DNR LS 17003" (DNR MON); thence South 16 degrees 24 minutes 50 seconds West
470.40 feet to a DNR MON; thence South 24 degrees 09 minutes 57 seconds West 262.69
feet to a DNR MON; thence South 08 degrees 07 minutes 09 seconds West 332.26 feet to
a DNR MON; thence North 51 degrees 40 minutes 02 seconds West 341.79 feet to the east
line of Lot A of Lot 1 of LOT A OF GOVERNMENT LOT 8, OF SECTION 6 AND LOT
A OF GOVERNMENT LOT 1, OF SECTION 7, TOWNSHIP 107, RANGE 40, according
to the recorded plat thereof on file and of record in the Murray County Recorder's Office
and a DNR MON; thence South 14 degrees 28 minutes 55 seconds West 71.98 feet along
the east line of said Lot A to the northerly most corner of Lot 36 of HUDSON ACRES,
according to the record plat thereof on file and of record in the Murray County Recorder's
Office and an existing steel fence post; thence South 51 degrees 37 minutes 05 seconds
East 418.97 feet along the northeasterly line of said Lot 36 and along the northeasterly line
of Lots 35, 34, 33, 32 of HUDSON ACRES to an existing 1-inch inside diameter iron
pipe marking the easterly most corner of Lot 32 and the most northerly corner of Lot 31A
of HUDSON ACRES; thence South 48 degrees 33 minutes 10 seconds East 298.26 feet
along the northeasterly line of said Lot 31A to an existing 1 1/2-inch inside diameter iron
pipe marking the easterly most corner thereof and the most northerly corner of Lot 31 of
HUDSON ACRES; thence South 33 degrees 53 minute 30 seconds East 224.96 feet along
the northeasterly line of said Lot 31 and along the northeasterly line of Lots 30 and 29 of
HUDSON ACRES to an existing 1 1/2-inch inside diameter iron pipe marking the easterly
most corner of said Lot 29 and the most northerly corner of Lot 28 of HUDSON ACRES;
thence South 45 degrees 23 minutes 54 seconds East 375.07 feet along the northeasterly
line of said Lot 28 and along the northeasterly line of Lots 27, 26, 25, 24 of HUDSON
ACRES to an existing 1 1/2-inch inside diameter iron pipe marking the easterly most
corner of said Lot 24 and the most northerly corner of Lot 23 of HUDSON ACRES;
thence South 64 degrees 39 minutes 53 seconds East 226.80 feet along the northeasterly
line of said Lot 23 and along the northeasterly line of Lots 22 and 21 of HUDSON ACRES
to an existing 1 1/2-inch inside diameter iron pipe marking the easterly most corner of said
Lot 21 and the most northerly corner of Lot 20 of HUDSON ACRES; thence South 39
degrees 49 minutes 49 seconds East 524.75 feet along the northeasterly line of said Lot 20
and along the northeasterly line of Lots 19, 18, 17, 16, 15, 14 of HUDSON ACRES to
an existing 1 1/2-inch inside diameter iron pipe marking the easterly most corner of said
Lot 14 and the most northerly corner of Lot 13 of HUDSON ACRES; thence South 55
degrees 31 minutes 43 seconds East 225.11 feet along the northeasterly line of said Lot 13
and along the northeasterly line of Lots 12 and 11 of HUDSON ACRES to an existing 1
1/2-inch inside diameter iron pipe marking the easterly most corner of said Lot 11 and the
northwest corner of Lot 10 of HUDSON ACRES; thence South 88 degrees 03 minutes
49 seconds East 224.90 feet along the north line of said Lot 10 and along the north line
of Lots 9 and 8 of HUDSON ACRES to an existing 1 1/2-inch inside diameter iron pipe
marking the northeast corner of said Lot 8 and the northwest corner of Lot 7 of HUDSON
ACRES; thence North 84 degrees 07 minutes 37 seconds East 525.01 feet along the north
line of said Lot 7 and along the north line of Lots 6, 5, 4, 3, 2, 1 of HUDSON ACRES to
an existing 1 1/2-inch inside diameter iron pipe marking the northeast corner of said Lot 1
of HUDSON ACRES; thence southeasterly, easterly, and northerly along a nontangential
curve concave to the North having a radius of 50.00 feet, central angle 138 degrees 42
minutes 00 seconds, a distance of 121.04 feet, chord bears North 63 degrees 30 minutes 12
seconds East; thence continuing northwesterly and westerly along the previously described
curve concave to the South having a radius of 50.00 feet, central angle 138 degrees 42
minutes 00 seconds, a distance of 121.04 feet, chord bears North 75 degrees 11 minutes 47
seconds West and a DNR MON; thence South 84 degrees 09 minutes 13 seconds West not
tangent to said curve 520.52 feet to a DNR MON; thence North 88 degrees 07 minutes 40
seconds West 201.13 feet to a DNR MON; thence North 55 degrees 32 minutes 12 seconds
West 196.66 feet to a DNR MON; thence North 39 degrees 49 minutes 59 seconds West
530.34 feet to a DNR MON; thence North 64 degrees 41 minutes 41 seconds West 230.01
feet to a DNR MON; thence North 45 degrees 23 minutes 00 seconds West 357.33 feet
to a DNR MON; thence North 33 degrees 53 minutes 30 seconds West 226.66 feet to a
DNR MON; thence North 48 degrees 30 minutes 31 seconds West 341.45 feet to a DNR
MON; thence North 08 degrees 07 minutes 09 seconds East 359.28 feet to a DNR MON;
thence North 24 degrees 09 minutes 57 seconds East 257.86 feet to a DNR MON; thence
North 16 degrees 24 minutes 50 seconds East 483.36 feet to a DNR MON; thence North
76 degrees 04 minutes 52 seconds East 715.53 feet to a DNR MON; thence North 33
degrees 01 minute 32 seconds East 282.54 feet to a DNR MON; thence North 64 degrees
28 minutes 26 seconds East 84.97 feet to a DNR MON; thence South 82 degrees 15
minutes 00 seconds East 788.53 feet to a DNR MON; thence North 07 degrees 45 minutes
07 seconds East 26.00 feet to the point of beginning; containing 7.55 acres.
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(d) The Department of Natural Resources has determined that the state's land
management interests would best be served if the lands were conveyed to the township
of Murray.
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(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
and the public sale provisions of Minnesota Statutes, chapter 282, Red Lake County may
convey to the city of Red Lake Falls for no consideration the tax-forfeited land bordering
public water that is described in paragraph (c).
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(b) The conveyance must be in a form approved by the attorney general and provide
that the land reverts to the state if the city of Red Lake Falls fails to provide for the public
use described in paragraph (d) or abandons the public use of the land. The attorney general
may make necessary changes to the legal description to correct errors and ensure accuracy.
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(c) The land that may be conveyed is located in Red Lake County and is described as
follows: all that part of Block 5 which lies North of Block 6 and West of a line which
is a projection northerly of the west line of Lot 11 of said Block 6, all in Mill Reserve
Addition, containing approximately 500 feet frontage on the Clearwater River.
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(d) The city will use the land to establish a public park.
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(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).
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(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.
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(c) The land that may be sold is located in St. Louis County and is described as:
Government Lot 4, Section 36, Township 58 North, Range 16 West, St. Louis County,
Minnesota, EXCEPTING therefrom that part platted as SILVER LAKE SHORES
according to the plat on file and of record in the Office of the Recorder for St. Louis
County, Minnesota, containing 7.88 acres, more or less.
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(d) The land borders Silver 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.
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(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).
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(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 not sell any part of the land described in
paragraph (c) that is being used for airport purposes by the city of Eveleth or is proposed
to be used for airport purposes by the city of Eveleth.
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(c) The land that may be sold is located in St. Louis County and is described as:
the Northeast Quarter of the Northwest Quarter, Section 16, Township 57 North, Range
17 West, St. Louis County, Minnesota, except that part of the North 10 feet thereof lying
East of St. Mary's Lake and also except that part lying East of County State-Aid Highway
132, containing 26.5 acres, more or less.
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(d) The land borders St. Mary's 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.
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(a) Notwithstanding the public sale provisions of Minnesota Statutes, chapter 282,
or other law to the contrary, St. Louis County shall sell by private sale the tax-forfeited
land described in paragraph (c) to the nearest private landowner who has owned proximate
land for at least 70 years.
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(b) The conveyance must be in a form approved by the attorney general. The attorney
general may make changes to the land description to correct errors and ensure accuracy.
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(c) The land to be sold is located in St. Louis County and is described as: Lots 150
and 151, NE NA MIK KA TA, town of Breitung, Section 6, Township 62 North, Range
15 West.
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(d) The county has determined that the county's land management interests would
best be served if the lands were returned to private ownership.
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new text begin
(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
St. Louis County may sell the tax-forfeited land bordering public water that is described
in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.
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(b) The conveyances must be in a form approved by the attorney general. The
attorney general may make changes to the land description to correct errors and ensure
accuracy. The conveyances must include any easements or deed restrictions specified in
paragraph (c).
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(c) The lands to be sold are located in St. Louis County and are described as:
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(1) the East Half of the East Half of the Southwest Quarter of the Southwest Quarter,
Section 5, Township 50 North, Range 14 West. Conveyance of this land must provide,
for no consideration, an easement to the state that is 75 feet in width on each side of the
centerline of East Branch Chester Creek, to provide riparian protection and angler access;
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(2) the East Half of the East Half of the Southeast Quarter of the Southwest Quarter,
Section 5, Township 50 North, Range 14 West. Conveyance of this land must provide,
for no consideration, an easement to the state that is 75 feet in width on each side of the
centerline of East Branch Chester Creek, to provide riparian protection and angler access;
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(3) the West Half of the East Half of the Southeast Quarter of the Southwest Quarter,
Section 5, Township 50 North, Range 14 West. Conveyance of this land must provide,
for no consideration, an easement to the state that is 75 feet in width on each side of the
centerline of East Branch Chester Creek, to provide riparian protection and angler access;
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(4) the West Half of the East Half of the Northwest Quarter of the Southwest Quarter
and the West Half of the East Half of the Southwest Quarter of the Southwest Quarter,
Section 4, Township 51 North, Range 17 West;
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(5) all that part or strip lying North of the Savanna River, about 3 to 4 acres of the
Southeast Quarter of the Northeast Quarter, Section 7, Township 51 North, Range 20 West;
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(6) Government Lot 1, Section 18, Township 53 North, Range 18 West;
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(7) the Southwest Quarter of the Southeast Quarter, Section 34, Township 53 North,
Range 19 West;
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(8) Lot 2, Jingwak Beach 1st Addition, town of Cotton, Section 20, Township 54
North, Range 16 West;
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(9) Lot 4, Jingwak Beach 1st Addition, town of Cotton, Section 20, Township 54
North, Range 16 West;
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(10) Lots 1, 2, 3, and 4, 1st Addition to Strand Lake, Section 20, Township 54
North, Range 16 West;
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(11) the Southeast Quarter of the Southwest Quarter, Section 1, Township 55 North,
Range 20 East. Conveyance of this land must provide, for no consideration, an easement
to the state that is 75 feet in width on each side of the centerline of East Swan River, to
provide riparian protection and angler access;
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(12) that part of the Northeast Quarter of the Northwest Quarter beginning at the
intersection of the east line of Highway 4 with the north line of the Northeast Quarter of
the Northwest Quarter; thence South 500 feet; thence East 350 feet; thence North 500 feet;
thence West 350 feet to the point of beginning, Section 19, Township 57 North, Range
15 West. Conveyance of this land must provide, for no consideration, an easement to the
state that is 75 feet in width on each side of the centerline of the unnamed stream, to
provide riparian protection and angler access. Where there is less than 75 feet from the
centerline of the stream channel to the north property line, the easement shall be granted to
the north property line;
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(13) the West Half of Lot 1, Section 22, Township 58 North, Range 16 West.
Conveyance of this land must provide, for no consideration, a 33-foot road easement to the
state for access to Black Lake. The conveyance must include a deed restriction prohibiting
buildings, structures, tree cutting, removal of vegetation, and shoreland alterations across
a 75-foot strip from the ordinary high water mark, except a 15-foot strip is allowed for
lake access and a dock; and
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(14) the South Half of the Northwest Quarter of the Northwest Quarter, except the
North Half of the Southwest Quarter, Section 32, Township 62 North, Range 18 West.
Conveyance of this land must provide, for no consideration, an easement to the state
that is 105 feet in width on each side of the centerline of Rice River, to provide riparian
protection and angler access.
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(d) The county has determined that the county's land management interests would
best be served if the lands were returned to private ownership.
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new text begin
(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision
1, and the public sale provisions of Minnesota Statutes, chapter 282, St. Louis County
shall sell by private sale the tax-forfeited land bordering public water that is described in
paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.
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(b) The conveyance must be in a form approved by the attorney general. The attorney
general may make changes to the land description to correct errors and ensure accuracy.
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(c) The land to be sold is located in St. Louis County and is described as: the
easterly 200 feet of the Northwest Quarter of the Southeast Quarter, Section 21, Township
58 North, Range 15 West, except that part North of the St. Louis River.
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(d) The county shall sell the land to the adjoining landowner to remedy an
inadvertent trespass.
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new text begin
(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision
1, and the public sale provisions of Minnesota Statutes, chapter 282, St. Louis County
may sell by private sale the tax-forfeited land bordering public water that is described in
paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.
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new text begin
(b) The conveyances must be in a form approved by the attorney general. The
attorney general may make changes to the land description to correct errors and ensure
accuracy. The conveyances must include any easements or deed restrictions specified in
paragraph (c).
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(c) The lands to be sold are located in St. Louis County and are described as:
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(1) an undivided 1369/68040 interest, Lot 8, Section 16, Township 50 North, Range
17 West;
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(2) an undivided 1470/10080 interest, Lot 5, Section 17, Township 50 North, Range
17 West;
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(3) an undivided 23/288 interest, Northeast Quarter of the Northeast Quarter, Section
21, Township 50 North, Range 17 West;
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(4) an undivided 23/288 interest, Northwest Quarter of the Northeast Quarter,
Section 21, Township 50 North, Range 17 West; and
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(5) that part of Lot 7 beginning at a point 530 feet East of the southwest corner;
thence North 30 degrees East 208 feet; thence North 55 degrees East 198 feet; thence 10
feet more or less on the same line to the waters edge; thence South along the waters
edge to the south boundary line of Lot 7; thence 10 feet West; thence West on the same
line 198 feet to the point of beginning, Section 5, Township 62 North, Range 16 West.
The conveyance must include a deed restriction prohibiting buildings, structures, tree
cutting, removal of vegetation, and shoreland alterations across a 75-foot strip from the
ordinary high water mark.
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(d) The county has determined that the county's land management interests would
best be served if the lands were returned to private ownership.
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new text begin
(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
and the public sale provisions of Minnesota Statutes, chapter 282, St. Louis County may
sell by public or private sale the tax-forfeited land bordering public water that is described
in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.
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new text begin
(b) The conveyance must be in a form approved by the attorney general. The attorney
general may make changes to the land description to correct errors and ensure accuracy.
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(c) The land to be sold is located in St. Louis County and is described as: Lot 5,
Block 1, Williams Lakeview, town of Great Scott, Section 34, Township 60 North, Range
19 West.
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new text begin
(d) The county has determined that the county's land management interests would
best be served if the lands were returned to private ownership.
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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).
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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.
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(c) The land that may be sold is located in Sherburne County and is described as: the
Northeast Quarter of the Southwest Quarter, Section 16, Township 33 North, Range 27
West, containing 40 acres, more or less.
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(d) The land borders Elk 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.
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(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). Notwithstanding Minnesota Statutes, section 97A.135,
subdivision 2a, the surplus land described in paragraph (c) is vacated from the Grey
Eagle Wildlife Management Area upon sale.
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(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.
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(c) The land that may be sold is located in Todd County and is described as: the
East 50.00 feet of the South 165.00 feet of Government Lot 3, Section 16, Township 127
North, Range 33 West, Todd County, Minnesota, containing 0.19 acres, more or less.
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(d) The sale would resolve an unintentional trespass by the adjacent owner. While
Lot 3 of Section 16, Township 127 North, Range 33 West, borders Bunker Lake, the
portion of Lot 3 to be sold does not border public waters. The Department of Natural
Resources has determined that the land is not needed for natural resource purposes.
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(a) Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, the commissioner
of natural resources may sell by private sale to Afton Alps the surplus land that is
described in paragraph (c).
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(b) The conveyance must be in a form approved by the attorney general and may be
for consideration less than the appraised value of the land. The attorney general may make
necessary changes to the legal description to correct errors and ensure accuracy.
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(c) The land to be sold is located in Washington County and is described as:
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(1) that part of the Southwest Quarter of the Southeast Quarter of Section 3,
Township 27, Range 20, Washington County, Minnesota that lies South of the North 800
feet thereof and North of the following described line: Commencing at a point 800 feet
South of the northwest corner of said Southwest Quarter of the Southeast Quarter; thence
154 feet East; thence 228 feet East; thence South 430 feet; thence East 930.58 feet; thence
North 430 feet, to the point of beginning of the line to be described; thence West to the
point of commencement and said line there terminating; and
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(2) that part of the North 208 feet of the South 866 feet of the East 208 feet of
the Southeast Quarter of the Southeast Quarter of Section 3, Township 27, Range 20,
Washington County, Minnesota that lies northwesterly of the following described line:
Commencing at the northwest corner of the Southeast Quarter of the Southeast Quarter of
said Section 3; thence South along the west line of said Southeast Quarter of the Southeast
Quarter, a distance of 900 feet; thence easterly, at a right angle, a distance of 660 feet, to
the point of beginning of the line to be described; thence northeasterly to a point on the
east line of said Southeast Quarter of the Southeast Quarter distant 275 feet South of the
northeast corner thereof, and said line there terminating.
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(d) The Department of Natural Resources has determined that the state's land
management interests would best be served if the land were conveyed to the adjacent
landowner.
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Sections 1 to 30 are effective the day following final enactment.
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(a) During fiscal years 2010 and 2011, the commissioner of natural resources shall
increase the amount of timber products sold from state lands under permits based solely
on the appraiser's estimate of the timber volume described in the permit, as provided in
Minnesota Statutes, section 90.14, paragraph (c).
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(b) The commissioner shall evaluate sales of timber under paragraph (a) and other
methods used to sell cut forest products from state lands to identify the method, or
combination of methods, that is most efficient and effective in protecting the fiduciary
interest of the state, including the permanent school fund.
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(c) By January 15, 2011, the commissioner shall report to the house and senate
natural resources policy and finance committees and divisions on the findings of the
evaluation process completed under paragraph (b).
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(a) Notwithstanding the permit procedures of Minnesota Statutes, chapter 90, the
commissioner of natural resources may lease up to 10,000 acres of state-owned forest
lands for forest management purposes for a term not to exceed 21 years. No person or
entity may lease more than 3,000 acres. The lease shall provide:
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(1) that the lessee must comply with timber harvesting and forest management
guidelines developed under Minnesota Statutes, section 89A.05, and landscape-level plans
under Minnesota Statutes, section 89A.06, that have been adopted by the Minnesota Forest
Resources Council, and in effect at the time of any management activity; and
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(2) for public access for hunting, fishing, and motorized and nonmotorized recreation
to the leased land that is the same as would be available under state management.
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(b) For the purposes of this section, the term "state-owned forest lands" may include
school trust lands as defined in Minnesota Statutes, section 92.025, or university land
granted to the state by Acts of Congress.
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(c) By December 15, 2009, the commissioner of natural resources shall provide
a report to the house and senate natural resources policy and finance committees and
divisions on the pilot project. The report will detail a plan for the implementation of the
pilot project with a starting date that is no later than July 1, 2010.
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(d) Upon implementation of the pilot project, the commissioner shall provide an
annual report to the house and senate natural resources policy and finance committees and
divisions on the progress of the project, including the acres leased, a breakdown of the
types of forest land, and amounts harvested by species. The report shall include a net
revenue analysis comparing the lease revenue with the estimated net revenue that would
be obtained through state management and silvicultural practices cost savings the state
realizes through leasing.
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(e) Nothing in this section supersedes the duties of the commissioner of natural
resources to properly manage forest lands under the authority of the commissioner, as
defined in Minnesota Statutes, section 89.001, subdivision 13.
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