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Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

  

                         Laws of Minnesota 1985 

                        CHAPTER 108-H.F.No. 446 
           An act relating to real estate; providing conditions 
          for certain transportation department land sales; 
          providing conditions for certain county land sales; 
          amending Minnesota Statutes 1984, sections 161.23, 
          subdivision 2, and by adding subdivisions; and 373.01, 
          subdivision 1. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1984, section 161.23, 
subdivision 2, is amended to read: 
    Subd. 2.  [CONVEYANCE OF EXCESS.] If the commissioner of 
transportation acquires real estate in excess of what is needed 
for trunk highway purposes as authorized in subdivision 1, he 
shall, within one year after the completion of the construction, 
reconstruction, or improvement of the highway for which a 
portion of the real estate was needed and required, convey and 
quitclaim the excess real estate to the highest responsible 
bidder, after receipt of sealed bids following mailed notice to 
adjacent landowners and published notice of the sale for three 
successive weeks in a newspaper or trade journal of general 
circulation in the territory from which bids are likely to be 
received.  All bids may be rejected and new bids received upon 
like advertisement.  The deed may contain restrictive clauses 
limiting the use of such real estate in the interests of safety 
and convenient public travel when the commissioner finds that 
the restrictions are reasonably necessary. 
    Sec. 2.  Minnesota Statutes 1984, section 161.23, is 
amended by adding a subdivision to read: 
    Subd. 2a.  [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 for sales of $10,000 or 
more.  The broker's fee must be paid to the broker from the 
proceeds of the sale. 
    Sec. 3.  Minnesota Statutes 1984, section 161.23, is 
amended by adding a subdivision to read: 
    Subd. 5.  [RECEIPTS PAID INTO TRUNK HIGHWAY FUND.] Money 
received from the sale of such lands and properties less any fee 
paid under subdivision 2a must be paid into the trunk highway 
fund. 
    Sec. 4.  Minnesota Statutes 1984, section 373.01, 
subdivision 1, is amended to read: 
    Subdivision 1.  Each county is a body politic and corporate 
and may: 
    (1) Sue and be sued;. 
    (2) Acquire and hold real and personal property for the use 
of the county, and lands sold for taxes as provided by law;. 
    (3) Purchase and hold for the benefit of the county real 
estate sold by virtue of judicial proceedings, to which the 
county is a party;. 
    (4) Sell, lease, and convey real or personal estate owned 
by the county, and give contracts or options to sell, lease or 
convey it, and make orders respecting it as deemed conducive to 
the interests of the county's inhabitants.  
    No sale, lease or conveyance of real estate owned by the 
county, nor any contract or option for it, shall be valid, 
without first advertising for bids or proposals in the official 
newspaper of the county for three consecutive weeks and once in 
a newspaper of general circulation in the area where the 
property is located.  The notice shall state the time and place 
of considering the proposals, contain a legal description of any 
real estate, and a brief description of any personal property.  
All proposals shall be considered at that time, and the one most 
favorable to the county accepted, but the county board may, in 
the interest of the county, reject any or all proposals.  Sales 
of personal property the value of which is estimated to exceed 
$500 be $15,000 or more shall be made only after advertising for 
bids or proposals as provided for real estate.  Sales of 
personal property the value of which is estimated to be less 
than $500 $15,000 may be made either on competitive bids or in 
the open market, in the discretion of the county board.  
    If real estate or personal property remains unsold after 
advertising for and consideration of bids or proposals the 
county may employ a broker to sell the property.  The broker may 
sell the property for not less than 90 percent of its appraised 
market value as determined by the county.  The broker's fee 
shall be set by agreement with the county but may not exceed ten 
percent of the sale price and must be paid from the proceeds of 
the sale. 
     In no case shall lands be disposed of without there being 
reserved to the county all iron ore and other valuable minerals 
in and upon the lands, with right to explore for, mine and 
remove the iron ore and other valuable minerals, nor shall the 
minerals and mineral rights be disposed of, either before or 
after disposition of the surface rights, otherwise than by 
mining lease, in similar general form to that provided by 
section 93.20 for mining leases affecting state lands.  The 
lease shall be for a term not exceeding 50 years, and be issued 
on a royalty basis, the royalty to be not less than 25 cents per 
ton of 2,240 pounds, and fix a minimum amount of royalty payable 
during each year, whether mineral is removed or not.  
Prospecting options for mining leases may be granted for periods 
not exceeding one year.  The options shall require, among other 
things, periodical showings to the county board of the results 
of exploration work done;.  
    (5) Make all contracts and do all other acts in relation to 
the property and concerns of the county necessary to the 
exercise of its corporate powers. 
    Sec. 5.  [EFFECTIVE DATE.] 
    This act is effective the day following final enactment. 
    Approved May 10, 1985