Minnesota Session Laws - 1984, Regular Session

  

                         Laws of Minnesota 1984 

                        CHAPTER 599-S.F.No. 1114 
           An act relating to natural resources; authorizing 
          additions to and deletions from certain state parks 
          and waysides; authorizing land acquisition in relation 
          thereto; authorizing land exchange within Lake County; 
          authorizing the conveyance of certain property to the 
          city of Melrose; amending Minnesota Statutes 1982, 
          section 86A.05, by adding a subdivision. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [NATURAL RESOURCES; ADDITIONS TO AND DELETIONS 
FROM CERTAIN STATE PARKS.] 
     Subdivision 1.  The lands described in this section are, as 
specified in this section, added to or deleted from the 
boundaries of the state parks designated in this section.  The 
commissioner of natural resources is authorized to acquire by 
gift, purchase, or, if authorized by law, by condemnation 
proceedings the lands as described which are added.  Any land 
which now is or hereafter becomes tax-forfeited land and is 
located within the described park boundaries is withdrawn from 
sale and is transferred from the custody, control, and 
supervision of the county board of the county to the 
commissioner of natural resources, free from any trust in favor 
of the interested taxing districts.  The commissioner shall 
execute a certificate of acceptance of the lands on behalf of 
the state for these purposes and transmit it to the county 
auditor of the county for record as provided by law in the case 
of tax-forfeited land transferred to the commissioner by 
resolution of the county board for conservation purposes.  Any 
lands within the herein described boundaries which may be owned 
by the United States and managed by any of its agents may be 
acquired by land exchange, direct transfer, or purchase as 
federal laws may prescribe.  The lands acquired pursuant to this 
section shall be administered in the same manner as provided for 
other state parks and shall be perpetually dedicated for this 
use.  
     Subd. 2.  [85.012] [Subd. 10.] [CAMDEN STATE PARK.] The 
following area is deleted from Camden State Park:  
     The East Half of the Southwest Quarter of Section 17, 
Township 110 North, Range 42 West.  
     Subd. 3.  [85.012] [Subd. 16.] [FLANDRAU STATE PARK.] The 
following area is added to Flandrau State Park:  
     Outlot 303 to the City of New Ulm and that part of Highland 
Avenue adjacent to said Outlot 303.  
     Subd. 4.  [85.012] [Subd. 18.] [FORT SNELLING STATE PARK.] 
The following area is deleted from Fort Snelling State Park:  
     That part of Government Lots 1, 2, and 3 of Section 7 lying 
northerly and westerly of the new channel of the Minnesota 
River; that part of Government Lot 1 of Section 18 lying 
northerly of the new channel of the Minnesota River; all in 
Township 27 North, Range 23 West.  
    Subd. 5.  [85.012] [Subd. 30.] [JAY COOKE STATE PARK.] The 
following area is deleted from Jay Cooke State Park:  
    That part of the unplatted portion of Government Lot 1 of 
Section 8, Township 48 North, Range 16 West, lying northerly and 
easterly of the former Lake Superior and Mississippi Railroad 
Company Fond Du Lac Branch right-of-way, southerly of the former 
Burlington Northern Inc.'s St. Paul to Duluth Branch 
right-of-way and easterly of the right-of-way of Minnesota 
Highway 210.  
    Subd. 6.  [85.012] [Subd. 55.] [TEMPERANCE RIVER STATE 
PARK.] The following area is added to Temperance River State 
Park:  
    Government Lot 1, except the East Half thereof of Section 
31; that part of Government Lots 2 and 3 and the Southwest 
Quarter of the Southwest Quarter of Section 29 lying southerly 
of U.S. Highway 61; and that part of Government Lot 1 of Section 
32 lying southerly of U.S. Highway 61 and east of a line run 
parallel with and distant 570 feet west of the southerly 
extension of the east line of the Southwest Quarter of the 
Southwest Quarter of said Section 29; all in Township 59 North, 
Range 4 West.  
    Subd. 7.  [85.012] [Subd. 55a.] [TETTEGOUCHE STATE PARK.] 
The following area is added to Tettegouche State Park:  
    The Northeast Quarter of the Southwest Quarter of Section 9 
and the West Half of the Northwest Quarter of Section 15, 
Township 56 North, Range 7 West.  
    The West Half of the Northwest Quarter of Section 15, 
Township 56 North, Range 7 West, consists of tax-forfeited lands 
which are transferred from the custody, control, and supervision 
of the Lake County Board of Commissioners to the commissioner of 
natural resources, free from any trust in favor of the 
interested taxing districts, for inclusion in Tettegouche State 
Park.  However, this transfer is effective only after conveyance 
to Lake County, by the commissioner of natural resources, in a 
form to be approved by the attorney general, the North Half of 
the Southwest Quarter of Section 23, Township 56 North, Range 8 
West.  
    Subd. 8.  [85.012] [Subd. 59.] [WHITEWATER STATE PARK.] The 
following area is deleted from Whitewater State Park:  
    That part of the Southwest Quarter and the Southwest 
Quarter of the Northwest Quarter of Section 16 lying 
northeasterly of C.S.A.H. 39; that part of the North Half of the 
Northwest Quarter, North Half of the Northeast Quarter and the 
Southeast Quarter of the Northeast Quarter of Section 17 lying 
northerly of C.S.A.H. 39; all in Township 107 North, Range 10 
West.  
    Sec. 2.  [85.013] [Subd. 2b.] [BLAKELEY STATE WAYSIDE.] 
    The following area is deleted from Blakeley Wayside of the 
Minnesota Valley Trail:  
    All of the Southeast Quarter and the North Half of the 
Southwest Quarter of Section 19, Township 113 North, Range 25 
West.  
     The following area is added to Blakeley Wayside of the 
Minnesota Valley Trail:  
     The Southeast Quarter of the Southwest Quarter; the 
Southwest Quarter of the Southwest Quarter, excepting therefrom 
the right-of-way of the Chicago, St. Paul, Minneapolis, and 
Omaha Railroad; and also that part of Government Lot No. Two, 
also known as the Northwest Quarter of the Southwest Quarter, 
lying East of a line drawn parallel with and One Hundred feet 
easterly of the center line of the main track of the Chicago, 
St. Paul, Minneapolis, and Omaha Railroad, all lying and being 
in Section Thirty, Township One Hunderd Thirteen North, of Range 
Twenty-five West; and the Northeast Quarter of the Southwest 
Quarter of Section 30; the Northeast Quarter of the Northwest 
Quarter and the Northwest Quarter of the Northwest Quarter lying 
East of the County Road; and the Northwest Quarter of the 
Northeast Quarter and the Southwest Quarter of the Northeast 
Quarter; all in Section 31, Township 113 North, Range 25 West.  
    Sec. 3.  [85.013] [Subd. 10.] [FLOOD BAY STATE WAYSIDE.] 
    The following areas are deleted from the Flood Bay State 
Wayside:  
    (a) That part of Government Lot 2, Section 32, Township 53 
North, Range 10 West of the fourth principal meridian, lying 
southeasterly of the southeasterly right-of-way line of U.S. 
Highway 61 and northeasterly of a line described as follows: 
beginning at the Northwest Corner of said Government Lot 2, run 
southeasterly at an angle of 59 degrees with the West Line of 
said Government Lot 2 to the low water mark of Lake Superior, 
and said line there terminating, except a strip of land one 
hundred twenty-five feet in width lying northwesterly of the low 
water mark of Lake Superior.  
    (b) That part of Government Lot 1, Section 32, Township 53 
North, Range 10 West of the fourth principal meridian, lying 
southeasterly of the southeasterly right-of-way line of U.S. 
Highway 61 and southwesterly of a line described as follows: 
commencing at the intersection of the West Line of said Section 
32 with the centerline of said U.S. Highway 61, thence 
northeasterly along said centerline a distance of nine hundred 
thirty feet to the beginning of the line to be described; thence 
deflect 90 degrees 00 minutes to the right in a southeasterly 
direction to the low water mark of Lake Superior and said line 
there terminating, except a strip of land one hundred 
twenty-five feet in width lying northwesterly of the low water 
mark of Lake Superior.  
    These deletions are effective only if:  (1) the 
commissioner of natural resources determines that the deletions 
and the proposed subsequent developments are in the public 
interest and consistent with the continued operation and 
preservation of the remainder of the wayside, considering the 
environmental impacts as described by an environmental impact 
statement found to be adequate by the environmental quality 
board under section 116D.04, any proposed mitigation measures 
and the economic and engineering feasibility of the project; and 
(2) the senate agriculture and natural resources committee and 
the house environment and natural resources committee review and 
approve the commissioner's determination.  If these committees 
do not approve his determination, the commissioner shall submit 
it as a recommendation to the 1985 legislature.  If the 
deletions become effective, notwithstanding any limitations 
contained in Minnesota Statutes, sections 92.45, 94.342, or 
94.343 restricting the sale or exchange of state park land or 
land devoted to a specific public use, or of land bordering 
public waters, the commissioner may sell or exchange the deleted 
portions of Flood Bay State Wayside in the manner otherwise 
provided by law.  The commissioner shall include in any deed 
issued for the area a condition requiring that this area be 
developed and operated in a manner consistent with the continued 
operation and preservation of the remaining portions of Flood 
Bay State Wayside.  
    Sec. 4.  [85.013] [Subd. 21a.] [RICE LAKE STATE WAYSIDE.] 
    Notwithstanding any limitation contained in Minnesota 
Statutes, sections 94.342 to 94.345, restricting the exchange of 
state park lands or land devoted to a specific public use, the 
commissioner of natural resources may exchange state land 
located in Rice Lake State Wayside for land of substantially 
equal value owned by the United States located within Banning 
State Park.  
    Sec. 5.  Minnesota Statutes 1982, section 86A.05, is 
amended by adding a subdivision to read: 
    Subd. 13.  [ADDITIONAL PARKS; ADMINISTRATION.] All other 
state parks which, though not meeting the resource and site 
qualifications contained in subdivisions 2 and 3, were in 
existence on January 1, 1984, shall be administered by the 
commissioner of natural resources as units of the outdoor 
recreation system.  
    Sec. 6.  [LAKE COUNTY LAND EXCHANGE.] 
    Notwithstanding section 282.018, Lake County may exchange 
ten 40-acre parcels of tax-forfeited land for land of equal 
value within the city of Silver Bay, provided that the 
commissioner of revenue pursuant to section 282.37 grants a 
permanent 50-foot wide public easement on each side of public 
waters involved.  The parcels to be exchanged are described as 
follows:  
    The Northeast Quarter of the Northeast Quarter of Section 
1, Township 55, Range 9; the Southeast Quarter of the Northeast 
Quarter of Section 1, Township 55, Range 9; the Southeast 
Quarter of the Southwest Quarter of Section 1, Township 55, 
Range 9; the Northeast Quarter of the Southeast Quarter of 
Section 1, Township 55, Range 9; the Northwest Quarter of the 
Southeast Quarter of Section 1, Township 55, Range 9; the 
Southwest Quarter of the Southeast Quarter of Section 1, 
Township 55, Range 9; the Southeast Quarter of the Southeast 
Quarter of Section 1, Township 55, Range 9; the Northeast 
Quarter of the Northeast Quarter of Section 2, Township 55, 
Range 9; the Northwest Quarter of the Northeast Quarter of 
Section 2, Township 55, Range 9; the Southeast Quarter of the 
Northeast Quarter of Section 2, Township 55, Range 9.  
     Sec. 7.  [PROPERTY.] 
     Notwithstanding any law to the contrary, the commissioner 
of natural resources may convey to the city of Melrose the 
following real property:  Part of the North Half of the 
Southwest Quarter of Section Thirty-five (35), Township One 
Hundred and Twenty-six (126), Range Thirty-three (33), Stearns 
County, containing 26.5 acres more or less as shown on the plat 
attached to lease agreeement No. 144-15-256 executed June 30, 
1983, on form BL-192 (7-75), between the commissioner of natural 
resources, on behalf of the state of Minnesota, and the city of 
Melrose. 
     Upon payment by the city of the commissioner's appraised 
value, the commissioner of natural resources shall deliver to 
the city quitclaim deeds conveying all of the state's interest 
in that land subject to a reservation of any minerals or mineral 
rights in the state of Minnesota.  
    Sec. 8.  [EFFECTIVE DATE.] 
    This act is effective the day following final enactment. 
    Approved April 26, 1984