Minnesota Session Laws - 1988, Regular Session

  

                         Laws of Minnesota 1988 

                        CHAPTER 492-H.F.No. 2489 
           An act relating to state lands; authorizing the 
          exchange of certain state lands free from reservations 
          of public travel under certain conditions; authorizing 
          sale of certain land in Cook county; appropriating 
          money; amending Minnesota Statutes 1986, section 
          94.342, subdivision 3. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 94.342, 
subdivision 3, is amended to read:  
    Subd. 3.  [CLASS C.] No land specifically designated by law 
as a state park shall be given in exchange hereunder unless 
expressly authorized by the legislature.  No land bordering on 
or adjacent to any meandered or other public waters and 
withdrawn from sale by law shall be given in exchange unless 
expressly authorized by the legislature or unless through the 
same exchange the state acquires land on the same or other 
public waters in the same general vicinity affording at least 
equal opportunity for access to the waters and other riparian 
use by the public; provided, that any exchange with the United 
States or any agency thereof may be made free from this 
limitation upon condition that the state land given in exchange 
bordering on public waters shall be subject to reservations by 
the state for public travel along the shores as provided by 
Minnesota Statutes 1945, section 92.45, unless waived as 
provided in this subdivision, and that there shall be reserved 
by the state such additional rights of public use upon suitable 
portions of of such state land as the commissioner of natural 
resources, with the approval of the land exchange board, may 
deem necessary or desirable for camping, hunting, fishing, 
access to the water, and other public uses.  In regard to Class 
B land that is contained within that portion of the Superior 
National Forest that is designated as the Boundary Waters Canoe 
Area Wilderness and is also located within Cook county, the 
condition that state land given in exchange bordering on public 
waters must be subject to the public travel reservations 
provided in Minnesota Statutes, section 92.45, may be waived by 
the land exchange board upon the recommendation of the county 
board which has the concurrence of the commissioner of natural 
resources.  
    Sec. 2.  [CONVEYANCE OF STATE LAND; COOK COUNTY.] 
    Subdivision 1.  [AUTHORIZATION.] Notwithstanding Minnesota 
Statutes, section 92.45, the commissioner of natural resources 
may offer for sale and sell, in the manner provided for the sale 
of other trust fund lands, the land described in subdivision 3, 
except that the value of the improvements on the land must be 
appraised separately.  The conveyance must be in a form approved 
by the attorney general.  
    Subd. 2.  [CONDITIONS OF SALE.] (a) If at the sale of the 
land Wilbur C. Nemitz, Robert W. Nemitz, and Marlene Kadrie are 
the purchasers, they are not required to pay for the 
improvements on furnishing an affidavit showing that the 
improvements were paid by any or all of them.  
    (b) If a person other than Wilbur C. Nemitz, Robert W. 
Nemitz, and Marlene Kadrie purchases the land, the purchaser 
shall pay in cash to the state at the time of sale, in addition 
to all required payments, the full amount for which improvements 
are appraised.  The amount received by the state for the 
improvements must be paid by the commissioner of natural 
resources, with the approval of the commissioner of finance, to 
Wilbur C. Nemitz, Robert W. Nemitz, and Marlene Kadrie or their 
successors in interest as compensation for the improvements.  
The money required for the payment is appropriated from the fund 
to which the sale proceeds are credited to the commissioner of 
natural resources for this purpose.  
    Subd. 3.  [LAND DESCRIPTION.] The commissioner may offer 
for sale and sell the land described as:  the north 100.00 feet 
of government lot 4 of Section 10, Township 62 North, Range 1 
East, Cook county, Minnesota, lying easterly of the centerline 
of the existing United States Forest Service road.  
    Subd. 4.  [REASON FOR SALE.] A cabin was inadvertently 
built on this state property and has been owned, occupied, and 
improved since it was built.  
    Sec. 3.  [EFFECTIVE DATE.] 
    This act is effective the day following final enactment. 
    Approved April 12, 1988