Minnesota Session Laws - 1986, Regular Session

  

                         Laws of Minnesota 1986 

                        CHAPTER 449-H.F.No. 2169 
           An act relating to public lands; providing for maximum 
          lease rates; providing for an endowment fund and the 
          disposition of proceeds of the land acquisition 
          account; permitting Winona county to convey certain 
          real estate to a county agricultural society; amending 
          Minnesota Statutes 1985 Supplement, section 92.46, 
          subdivision 1; proposing coding for new law in 
          Minnesota Statutes, chapter 92.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1985 Supplement, section 
92.46, subdivision 1, is amended to read: 
    Subdivision 1.  [PUBLIC CAMP GROUNDS.] (a) The director may 
designate suitable portions of the state lands withdrawn from 
sale and not reserved, as provided in section 92.45, as 
permanent state public camp grounds.  The director may have the 
land surveyed and platted into lots of convenient size, and 
lease them for cottage and camp purposes under terms and 
conditions he or she prescribes, subject to the provisions of 
this section.  
    (b) A lease may not be made for a term more than 20 years.  
The lease may allow renewal, from time to time, for additional 
terms of no longer than 20 years each.  The lease may be 
canceled by the commissioner 90 days after giving the person 
leasing the land written notice of violation of lease 
conditions.  The lease rate shall be based on the appraised 
value of leased land as determined by the commissioner of 
natural resources.  The appraised value shall be the value of 
the leased land without any private improvements and must be 
comparable to similar land without any improvements within the 
same county.  
    (c) By July 1, 1986, the commissioner of natural resources 
shall adopt rules under chapter 14 to establish procedures for 
leasing land under this section.  The rules shall be subject to 
review and approval by the commissioners of revenue and 
administration prior to the initial publication pursuant to 
chapter 14 and prior to their final adoption.  The rules must 
address at least the following: 
    (1) method of appraising the property; 
    (2) determination of lease rates; and 
    (3) an appeal procedure for both the appraised values and 
lease rates. 
    (d) All money received from these leases must be credited 
to the fund to which the proceeds of the land belong.  
    Notwithstanding section 16A.125 or any other law to the 
contrary, 50 percent of the money received from the lease of 
permanent school fund lands leased pursuant to this subdivision 
shall be deposited into the permanent school trust 
fund.  However, in fiscal years 1986, 1987, 1988, and 1989 up to 
50 percent of the money received from the lease of permanent 
school fund lands that would otherwise be deposited into the 
permanent school trust fund may be used to survey lots as 
required in section 2, subdivision 3.  Any money that is not 
needed to survey lots shall be deposited in the permanent school 
trust fund. 
    Sec. 2.  [92.67] [SALE PROCEDURE.] 
    Subdivision 1.  [SALE REQUIREMENT.] Notwithstanding section 
92.45, at the request of a lessee the commissioner of natural 
resources shall sell state property bordering public waters that 
is leased for the purpose of a private cabin under section 92.46 
and recommended to be sold under the inventory prepared pursuant 
to Laws 1985, First Special Session chapter 14, article 17, 
section 4.  Requests for sale must be made prior to July 1, 
1991, and the commissioner shall complete all requested sales by 
July 1, 1992.  The lessee making the request may designate the 
lesser of $500 or the lease payment in the year the request is 
made to be used as part of the down payment.  The sale shall be 
made in accordance with laws providing for the sale of trust 
fund land except as modified by the provisions of this section. 
    Subd. 2.  [APPRAISAL.] An appraisal shall be made in 
accordance with section 92.12, except as modified by this 
section.  The improvements that are owned by the lessee shall be 
appraised separately. 
    Subd. 3.  [APPOINTMENT OF APPRAISERS; ALLOCATION OF 
APPRAISAL AND SURVEY COSTS.] (a) The commissioner of natural 
resources shall provide the lessee requesting the sale with a 
list of all appraisers approved by the commissioner of 
administration for the appraisal of property for the state.  The 
lessee requesting the sale may select a person from the list to 
appraise the property to be sold.  If more than one lessee of a 
cabin site lot leased by the commissioner under section 92.46 
within a platted area requests the sale of a leased lot, all 
requesting lessees may jointly agree upon an appraiser from the 
list.  If the lessee or lessees do not select an appraiser, the 
commissioner of natural resources shall select the appraiser.  
    (b) The costs of appraisal shall be allocated by the 
commissioner to the lots offered for sale and the successful 
bidder on each lot shall reimburse the commissioner for the 
appraisal costs allocated to the lot bid upon.  If there are no 
successful bidders on a lot, the commissioner is responsible for 
the appraisal cost allocated to that lot.  
    (c) The commissioner shall survey a lot prior to offering 
it for sale.  The commissioner is responsible for the survey 
cost. 
    (d) The lessee may stop the sale process after the 
appraisal but before the sale.  The lessee must reimburse the 
commissioner for the cost of the appraisal if the sale is 
stopped. 
    Subd. 4.  [TIMING OF SALES.] (a) The commissioner shall 
offer lakeshore cabin site lots for sale pursuant to written 
request and in accordance with the following schedule:  
    (1) as to requests received before January 1, 1987, the 
sale shall be held in June, July, or August 1987; 
    (2) as to requests received each calendar year after 
December 31, 1986, the sale shall be held in June, July, or 
August of the year after the request is received.  
    (b) The last sales shall be held in 1992.  Lots not sold 
the first year offered may be reoffered in a succeeding year, 
following reappraisal if it is determined necessary by the 
commissioner.  
    (c) If a person other than the lessee purchases the leased 
lakeshore cabin site, the purchaser must make payment in full to 
the lessee at the time of the sale for the appraised value of 
any improvements.  Failure of a successful bidder to comply with 
this provision voids the sale and the property must be rebid, if 
possible, at the same sale. 
    Subd. 5.  [TERMS OF SALE.] For the sale of the public lands 
under this section, the purchaser shall pay the state ten 
percent of the purchase price at the time of the sale.  The 
balance must be paid in no more than 20 equal annual 
installments.  The interest rate on the remaining balance shall 
be eight percent per year. 
    Subd. 6.  [SALE PROCEEDS.] After deducting the costs of the 
sale, excluding survey costs, from the purchase price, the 
balance shall be invested as provided by the Minnesota 
Constitution, article XI, section 8. 
    Sec. 3.  [92.68] [MISCELLANEOUS.] 
    Subdivision 1.  [SHORELINE INCLUDED.] Notwithstanding 
section 92.45, the shoreline of leased sites sold under section 
2 is not reserved for public travel. 
    Subd. 2.  [LOCAL ZONING.] For the purpose of local zoning 
ordinances, land sold under section 2 shall be treated as if 
purchased at the time the state first leased the sites. 
    Subd. 3.  [ROAD ACCESS.] Rights of access across state 
property to the lots offered for sale that are in existence at 
the time of sale, and not included in the sale, may not be 
terminated by the commissioner without the consent of the 
purchasers of the lots or their successors in interest.  The 
commissioner may impose a fee for the access rights in the same 
manner as for other similar accesses except that the 
commissioner may not impose a fee for access rights where no fee 
is now being charged. 
    Sec. 4.  [92.69] [ENDOWMENT ACCOUNT.] 
    Subdivision 1.  [PROCEEDS OF LAND ACQUISITION ACCOUNT.] To 
ensure educational opportunities provided by Minnesota 
scientific and natural areas as described in section 86A.05, 
subdivision 5, are adequately available for present and future 
generations, the proceeds received under sections 1 to 3 that 
are credited to the land acquisition account under section 
94.165 must be spent on scientific and natural areas.  
    Subd. 2.  [ACCOUNT.] (a) A natural areas legacy endowment 
account is established in the state treasury.  The commissioner 
of natural resources shall accept private contributions for 
educational opportunities provided by scientific and natural 
areas and deposit the contributions in the account.  The 
principal deposited in the account shall be retained in the 
endowment account. 
    (b) The interest from the principal may be spent by the 
commissioner of natural resources for the protection, 
management, and inventory of lands with rare and endangered 
species or undisturbed plant communities that qualify as state 
scientific and natural areas under section 86A.05, subdivision 5.
    Sec. 5.  [WINONA COUNTY LAND SALE.] 
    Subdivision 1.  [AUTHORITY.] Notwithstanding any contrary 
provision of Minnesota Statutes, section 373.01 or other law, 
Winona county may sell and convey the real estate described in 
this section for a nominal consideration to a county 
agricultural society that owns adjoining property and conducts a 
county fair on it. 
    Subd. 2.  [DESCRIPTION.] That part of the South Half of the 
Northwest Quarter and the North Half of the Southwest Quarter, 
of Section 19, Township 106 North, Range 10 West of the Fifth 
Principal Meridian, bounded and described as follows:  
Commencing at a point on the West line of Lot 65 in Ives and 
Fox's Addition to St. Charles, distant 200 feet Northeasterly, 
measured at right angles, from the center line of the main track 
of the Winona and South Western Railway Company (later the 
Wisconsin Minnesota and Pacific Rail Road Company, the Chicago 
Great Western Railway Company, now the Chicago and North Western 
Transportation Company), as said main track center line was 
originally located and established across said Section 19; 
thence Northwesterly parallel with said original main track 
center line a distance of 550 feet to the point of beginning of 
the parcel of land herein described; thence continuing 
Northwesterly parallel with said original main track center line 
to a point on the East and West Quarter line of said Section 19; 
thence Northwesterly along a straight line to a point of 
tangency with a line parallel with and distant 50 feet 
Northerly, measured radially, from said original main track 
center line; thence Westerly parallel with said original main 
track center line to a point distant 50 feet Northeasterly, 
measured radially, from the center line of the main track of the 
Chicago and North Western Transportation Company (formerly the 
Winona and St. Peter Railroad Company), as said main track is 
now located; thence Southeasterly parallel with said last 
described main track center line to a point distant 10 feet 
Northerly, measured radially, from the center line of the most 
Northerly side track of said Transportation Company, as said 
side track is now located; thence Easterly parallel with said 
side track center line to a point on a line drawn at right 
angles to said original (Winona and South Western Railway 
Company) main track center line through the point of beginning; 
thence Northwesterly along said last described right angle line 
to the point of beginning. 
    Sec. 6.  [REPEALER.] 
    Sections 2 and 3 of this act are repealed on July 1, 1992. 
    Sec. 7.  [EFFECTIVE DATE.] 
    Sections 1 to 4 and 6 are effective the day following final 
enactment.  Section 5 is effective the day after compliance with 
Minnesota Statutes, section 645.021, subdivision 3, by the 
governing body of Winona county. 
    Approved March 24, 1986