Minnesota Session Laws - 1983, Regular Session

  

                         Laws of Minnesota 1983 

                        CHAPTER 143--H.F.No. 725
           An act relating to transportation; classifying 
          right-of-way appraisals as confidential data; 
          regulating the conveyancing and leasing of certain 
          rights-of-way; providing that the consideration to be 
          paid upon reconveyance be equal to the estimated 
          current market value of the property reconveyed; 
          authorizing the acquisition of fee title under certain 
          conditions; authorizing the lease of certain easements 
          and providing for the distribution of rents; providing 
          for the alteration of public drainage systems 
          affecting trunk highways; authorizing fees for and the 
          services of a licensed real estate broker for 
          disposing of right-of-way; authorizing the 
          commissioner to convey land to a utility under certain 
          circumstances; amending Minnesota Statutes 1982, 
          sections 13.50, subdivision 1; 161.202, subdivision 4; 
          161.241, subdivisions 3 and 4; 161.28, subdivision 1; 
          161.43; 161.44, subdivisions 2 and 9, and by adding a 
          subdivision; 161.46, subdivision 4; and proposing new 
          law coded in Minnesota Statutes, chapter 161. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1982, section 13.50, 
subdivision 1, is amended to read: 
    Subdivision 1.  [CONFIDENTIAL DATA.] Estimated or appraised 
values of individual parcels of real property which are made by 
personnel of the state, its agencies and departments, or a 
political subdivision or by independent appraisers acting for 
the state, its agencies and departments, or a political 
subdivisions subdivision for the purpose of acquiring land 
through purchase or condemnation are classified as confidential 
data on individuals pursuant to section 13.02, subdivision 3.  
    Sec. 2.  Minnesota Statutes 1982, section 161.202, 
subdivision 4, is amended to read: 
    Subd. 4.  [ACQUISITION OF REPLACEMENT LANDS FOR THE 
AFFECTED AGENCY.] When the affected agency is unable to acquire 
the replacement lands, or if the acquisition of such lands by 
the affected agency would result in undue delay in the 
completion of the highway project, upon a request of an affected 
agency which shall include a recommendation as to the 
replacement land to be acquired within its jurisdiction, the 
commissioner of transportation by gift, purchase, or 
condemnation proceedings, may acquire the designated replacement 
lands if the commissioner deems that such the acquisition would 
reduce the cost to the state of the highway project and would 
otherwise be in the public interest.  The affected agency shall 
relinquish to the commissioner its interests in the lands 
required for the highway project upon its completion of the 
acquisition of the replacement lands or upon conveyance by the 
commissioner to the affected agency of the replacement lands 
designated in the agreement between the affected agency and the 
commissioner.  Upon the recommendation of the commissioner, The 
governor commissioner shall convey such the lands or interests 
therein designated in the agreement to the affected agency. 
    Sec. 3.  Minnesota Statutes 1982, section 161.241, 
subdivision 3, is amended to read: 
    Subd. 3.  Upon recommendation of the commissioner of 
transportation, The governor commissioner shall convey to the 
railroad company, by quit claim deed, such lands or interests in 
lands acquired by the state pursuant to the provisions of 
subdivisions 1 to 3. 
    Sec. 4.  Minnesota Statutes 1982, section 161.241, 
subdivision 4, is amended to read: 
    Subd. 4.  Upon recommendation of the commissioner of 
transportation, The governor commissioner shall convey to a 
railroad company, by quitclaim deed, lands owned by the state in 
fee for trunk highway purposes, but no longer needed for such 
purposes, when such the lands are needed by a railroad company 
for the relocation of its tracks which relocation is required by 
the construction, reconstruction, or improvement of a trunk 
highway.  The consideration shall must be set forth in a 
voluntary agreement between the railroad company and the 
commissioner of transportation and shall must be as provided in 
subdivision 2, hereof. 
    Sec. 5.  Minnesota Statutes 1982, section 161.28, 
subdivision 1, is amended to read: 
    Subdivision 1.  [PETITION.] Upon the filing of a petition 
by the commissioner with the appropriate county auditor in the 
case of a drainage system lying wholly within a county, or with 
the clerk of the district court having jurisdiction over the 
ditch in the case of a drainage system affecting two or more 
counties, therein setting forth that it would be advantageous or 
desirable in the construction or maintenance of a trunk highway 
to make a minor alteration or change in a public drainage system 
directly affecting a trunk highway and that the alteration or 
change will not affect the functioning or efficiency of the 
public drainage system, it shall be the duty of the auditor or 
the clerk with the approval of the judge, to shall fix a time 
and place for hearing thereon and to give notice of the hearing 
by publication, as defined in section 106.171.  Upon the filing 
of the petition the commissioner shall also file a plan showing 
in detail the alteration or change petitioned for.  If upon the 
hearing it appears to the county board or district court joint 
county ditch authority that the alteration or change in the 
public drainage system will not affect or impair the efficiency 
of the drainage system, the board or court authority shall make 
its order allowing the commissioner to make the alteration or 
change petitioned for.  Upon the making of the order by the 
county board or the court joint county ditch authority, the 
commissioner may proceed at the sole cost and expense of the 
state to make the alterations or changes as may be in said the 
order allowed, damages, if any, for any additional lands 
necessary for the change or alteration being first duly paid or 
secured.  Upon completion of the alteration or change the 
commissioner shall file with the appropriate auditor or clerk a 
map drawn to scale showing thereon the change or alteration made 
and shall also file a profile of all lines of the alteration or 
change in the ditch showing graphically the elevation of the 
ground and gradient, whether open or tiled, the size of tile, 
and the bottom width and side slope of open ditch sections, and 
such other information as may appear necessary for the 
understanding thereof.  If the map and profile be filed with the 
clerk, duplicates thereof shall also be filed with the auditor 
of each county affected.  Upon the completion of the alteration 
or change herein provided for, the ditch shall thereafter 
include such alteration or change as a part thereof of it with 
the same force and effect as though it had been originally so 
constructed and established.  
    Sec. 6.  Minnesota Statutes 1982, section 161.43, is 
amended to read: 
    161.43 [RELINQUISHMENT OF HIGHWAY EASEMENTS.] 
    The commissioner of transportation may relinquish and 
quitclaim to the fee owner or, if the fee owner refuses or 
cannot be located, to another agency or political subdivision of 
the state any an easement or portion thereof of an easement 
owned but no longer needed by the transportation department for 
trunk highway purposes, upon payment to the transportation 
department of at least the an amount of money paid for the 
acquisition thereof. Whenever less than the easement as 
originally acquired is to be relinquished and quitclaimed, the 
amount of moneys to be paid to the transportation department 
shall not be a less proportion of the consideration paid 
therefor by the transportation department than the portion to be 
relinquished and quitclaimed bears to the easement as originally 
acquired.  In determining the amount to be paid upon 
reconveyance to the fee holder, the estimated amount of money 
paid by the transportation department for any improvement 
acquired in the original easement and not included in the 
reconveyance, and the estimated amount of money paid by reason 
of damages to remaining portions of the tract, if any, not 
mitigated by the reconveyance, shall first be subtracted from 
the total consideration paid by the transportation department 
for the original easement.  Before any easement may be 
relinquished and quitclaimed to another governmental agency or 
political subdivision of the state, the commissioner of 
transportation must first publish for three successive weeks in 
a newspaper of general circulation in the county in which the 
easement is located notice of his intent to so relinquish and 
quitclaim the easement to another governmental agency or 
political subdivision of the state equal to the appraised 
current market value of the easement.  If the fee owner refuses 
to pay the required amount, or if after diligent search the fee 
owner cannot be found, the commissioner may convey the easement 
to an agency or to a political subdivision of the state upon 
terms and conditions agreed upon, or the commissioner may 
acquire the fee title to the land underlying the easement in the 
manner provided in section 161.20, subdivision 2.  After 
acquisition of the fee title, the lands may be sold to the 
highest responsible bidder upon three weeks published notice of 
the sale in a newspaper or other periodical of general 
circulation in the county where the land is located.  All bids 
may be rejected and new bids received upon like publication.  If 
the lands remain unsold after being offered for sale to the 
highest bidder, the commissioner may retain the services of a 
licensed real estate broker to find a buyer.  The sale price may 
be negotiated by the broker, but must not be less than 90 
percent of the appraised market value as determined by the 
commissioner.  The broker's fee must be established by prior 
agreement between the commissioner and the broker, and must not 
exceed ten percent of the sale price.  The broker's fee must be 
paid to the broker from the proceeds of the sale.  
    Sec. 7.  [161.431] [LEASING OF HIGHWAY EASEMENTS.] 
    The commissioner may lease to the fee owner for a fair 
rental rate and upon terms and conditions that the commissioner 
deems proper, an easement in real estate acquired for trunk 
highway purposes and not then needed for trunk highway 
purposes.  If the fee owner refuses to lease or if after 
diligent search the fee owner cannot be found, the commissioner 
may lease the easement to an agency or to a political 
subdivision of the state on terms and conditions agreed upon, or 
the commissioner may lease the easement to the highest 
responsible bidder upon three weeks published notice of the 
lease offering in a newspaper or other periodical of general 
circulation in the county where the easement is located.  All 
bids may be rejected and new bids received upon like 
publication.  All rents received from the lease must be paid 
into the state treasury.  Seventy percent of any rent received 
is to be credited to the trunk highway fund.  The remaining 30 
percent is to be paid to the county treasurer of the county 
where the easement is located for distribution in the same 
manner as real estate taxes. 
    Sec. 8.  Minnesota Statutes 1982, section 161.44, 
subdivision 2, is amended to read: 
    Subd. 2.  [RECONVEYANCE WHEN REMAINDER OF TRACT OWNED BY 
VENDOR OR SURVIVING SPOUSE.] If the lands were part of a larger 
tract and the remainder of the tract is still owned by the 
person or his the person's surviving spouse from whom the lands 
were acquired, or if the lands constituted an entire tract, the 
lands shall must first be offered for reconveyance to such the 
previous owner or his the owner's surviving spouse.  If the 
lands constitute an entire tract, the amount of money to be 
repaid therefor shall not be less than the amount paid by the 
state for such tract less the estimated value of any 
improvements acquired by the state not included in the 
reconveyance.  If less When lands than originally acquired are 
offered for reconveyance, the amount of money to be repaid 
therefor shall not be a less proportion of the consideration 
paid by the state than the proportion of the part so to be 
reconveyed bears to the entire property as originally acquired. 
In determining the amount to be repaid the estimated amount of 
money paid by the state for any improvements acquired in the 
original acquisition and not included in the reconveyance, and 
the estimated amount of money paid by reason of damages to 
remaining portions of the tract, if any, not mitigated by the 
reconveyance shall first be subtracted from the total 
consideration paid by the state for the original acquisition for 
those lands must be the appraised current market value of the 
lands to be reconveyed.  The offer shall must be made by 
certified mail addressed to such the person at his the person's 
last known address.  Such The person or his the person's 
surviving spouse shall have 60 days from the date of mailing 
said the offer to accept and to tender to the commissioner the 
required sum of money.  
    Sec. 9.  Minnesota Statutes 1982, section 161.44, is 
amended by adding a subdvision to read:  
    Subd. 6a.  [SERVICES OF A LICENSED REAL ESTATE BROKER.] If 
the lands remain unsold after being offered for sale to the 
highest bidder, the commissioner may retain the services of a 
licensed real estate broker to find a buyer.  The sale price may 
be negotiated by the broker, but must not be less than 90 
percent of the appraised market value as determined by the 
commissioner.  The broker's fee must be established by prior 
agreement between the commissioner and the broker, and must not 
exceed ten percent of the sale price.  The broker's fee must be 
paid to the broker from the proceeds of the sale.  
    Sec. 10.  Minnesota Statutes 1982, section 161.44, 
subdivision 9, is amended to read:  
    Subd. 9.  [RECEIPTS PAID INTO TRUNK HIGHWAY FUND.] All 
Moneys received from the sale of such lands and properties shall 
less any fees paid under subdivision 6a, must be paid into the 
trunk highway fund. 
    Sec. 11.  Minnesota Statutes 1982, section 161.46, 
subdivision 4, is amended to read: 
    Subd. 4.  [ACQUISITION OF RELOCATED FACILITIES FOR 
UTILITY.] When the project requires a utility to relinquish 
lands or interests in lands owned by the utility and the utility 
is unable to acquire lands or interests in lands necessary to 
enable it to relocate its facilities, or if the acquisition of 
such the lands or interests in lands by the utility would result 
in undue delay thereby delaying the interstate highway project, 
the commissioner, by purchase, gift, or eminent domain 
proceedings, may acquire the lands or interests in lands 
necessary for the relocation if the commissioner deems that such 
the acquisition would reduce the cost to the state of the 
project.  The lands necessary for the relocation to be acquired 
by the commissioner shall must be designated in an agreement 
between the utility and the commissioner.  The agreement shall 
must also provide that without cost to either party thereto to 
the agreement, the utility will relinquish to the state its 
interests in the lands required for the interstate project in 
consideration of the conveyance by the state to the utility of 
the substitute lands designated in the agreement to be acquired 
by the state.  The interest or estate acquired by the 
commissioner shall must be substantially similar to the interest 
or estate that the utility owned in the lands to be relinquished 
by it to the state.  Upon recommendation of the commissioner, 
The governor commissioner may convey such the lands or interests 
in lands to the utility.  
    Sec. 12.  [EFFECTIVE DATE.] 
    Sections 6, 7, and 8 are effective the day following final 
enactment. 
    Approved May 13, 1983