Minnesota Session Laws - 1988, Regular Session

  

                         Laws of Minnesota 1988 

                        CHAPTER 508-H.F.No. 2629 
           An act relating to minerals; authorizing the 
          commissioner of natural resources to lease certain 
          severed mineral interests; amending Minnesota Statutes 
          1986, section 93.55, subdivisions 1, 3, and by adding 
          a subdivision. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 93.55, 
subdivision 1, is amended to read:  
    Subdivision 1.  If the owner of a mineral interest fails to 
file the verified statement required by section 93.52, before 
January 1, 1975, as to any interests owned on or before December 
31, 1973, or within one year after acquiring such interests as 
to interests acquired after December 31, 1973, and not 
previously filed under section 93.52, the mineral interest shall 
forfeit to the state after notice and opportunity for hearing as 
provided in this section.  However, before completing the 
procedures set forth in subdivision 2, the commissioner of 
natural resources may lease the severed mineral interest as 
provided in subdivisions 1a and 3. 
    Sec. 2.  Minnesota Statutes 1986, section 93.55, is amended 
by adding a subdivision to read: 
    Subd. 1a.  If the owner of a severed mineral interest fails 
to file the verified statement required by section 93.52 before 
the dates specified in subdivision 1, the commissioner of 
natural resources may lease the mineral interest as provided in 
this subdivision and subdivision 3 before completing the 
procedures set forth in subdivision 2.  In any lease issued 
under this subdivision, the commissioner shall cite, as 
authority for issuing the lease, this subdivision, subdivision 
3, and the United States Supreme Court decision in Texaco, Inc., 
et al. v. Short, et al., 454 U.S. 516 (1982), where the Supreme 
Court determined, under Amendment XIV to the Constitution of the 
United States, that enactment of a state law requiring an owner 
of severed mineral interests to timely file a statement of claim 
to the mineral interests was constitutional, without individual 
advance notice of operation of the law, before the owner loses 
the mineral interests for failing to timely file the statement 
of claim.  A lessee holding a lease issued under this 
subdivision may not mine under the lease until the commissioner 
completes the procedures set forth in subdivision 2 and a court 
has adjudged the forfeiture of the mineral interest to be 
absolute.  "Mine" for the purposes of this subdivision is 
defined to exclude exploration activities, exploratory boring, 
trenching, test pitting, test shafts and drifts, and related 
activities. 
    Sec. 3.  Minnesota Statutes 1986, section 93.55, 
subdivision 3, is amended to read:  
    Subd. 3.  After the forfeiture of the mineral interest is 
adjudged to be absolute, the mineral interest may be leased The 
commissioner may lease severed mineral interests described in 
subdivision 1 in the same manner as provided in section 93.335, 
for the lease of minerals and mineral rights becoming the 
absolute property of the state under the tax laws, except that 
no permit or lease issued pursuant to this section shall afford 
the permittee or lessee any of the rights of condemnation 
provided in section 93.05, as to overlying surface interests.  
     Sec. 4.  [EFFECTIVE DATE.] 
     This act is effective the day following final enactment. 
    Approved April 13, 1988