Minnesota Session Laws - 1991, Regular Session

  

                         Laws of Minnesota 1991 

                        CHAPTER 159-H.F.No. 914 
           An act relating to state lands; authorizing Otter Tail 
          county to return donated state land to the donor's 
          heir; providing for disposition of certain 
          tax-forfeited lands; amending Minnesota Statutes 1990, 
          section 282.018, subdivision 1. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [PRIVATE SALE OF STATE LAND; MOEN; OTTER TAIL 
COUNTY.] 
    (a) Notwithstanding Minnesota Statutes, sections 92.45 and 
94.09 to 94.16, the commissioner of natural resources may convey 
the land in Otter Tail county described in this section by 
private conveyance to Sybil Rossmiller Moen and Orville Moen of 
Cambridge, Minnesota. 
    (b) The conveyance must be in a form approved by the 
attorney general.  This land transfer will be at no cost to the 
Moens. 
    (c) The land to be conveyed is located in Otter Tail county 
and described as:  that part of Government Lot 1, Section 30, 
Township 137 North, Range 40 West, Otter Tail county, Minnesota, 
described as follows: 
Commencing at the northeast corner of said Section 30; 
thence North 88 degrees, 27 minutes, 00 seconds West on an 
assumed bearing along the north line of said Section 30 a 
distance of 1,297.50 feet; thence South 37 degrees, 38 
minutes East 407.00 feet; thence South 69 degrees, 53 
minutes East 105.00 feet to the point of beginning; thence 
North 69 degrees, 53 minutes West 105.00 feet; thence North 
37 degrees, 38 minutes West 135.00 feet; thence North 76 
degrees, 19 minutes, 18 seconds East 151.25 feet; thence 
South 27 degrees, 11 minutes, 13 seconds East 222.76 feet; 
thence South 00 degrees, 51 minutes, 31 seconds West 69.68 
feet; thence South 33 degrees, 15 minutes, 28 seconds West 
59 feet, more or less, to the water's edge of Long Lake; 
thence Northwesterly along said water's edge 100 feet, more 
or less, to a point which bears South 28 degrees, 26 
minutes West from the point of beginning; thence North 28 
degrees, 26 minutes East 121 feet, more or less, to the 
point of beginning. 
Including all riparian rights to the contained 0.8 acres, 
more or less. 
    (d) This land was originally donated by Bryan Rossmiller to 
the state of Minnesota in 1972 to serve as a public access to 
Long Lake.  In 1982, Mr. Rossmiller deeded an adjacent lot to 
his daughter, Sybil Rossmiller Moen, which is a nonbuildable lot 
according to present shoreline zoning regulations.  Based upon 
the fact that shoreland zoning regulations were in place at the 
time the donation occurred and that it would not be likely that 
her father would desire to leave her with less than a buildable 
lot, the state should deed back a tract of land adequate in size 
to make property owned by the Moens an approved lot that would 
meet zoning requirements. 
     Sec. 2.  Minnesota Statutes 1990, section 282.018, 
subdivision 1, is amended to read: 
    Subdivision 1.  [PROPERTY ON OR ADJACENT TO PUBLIC 
WATERS.] (a) All land which is the property of the state as a 
result of forfeiture to the state for nonpayment of taxes, 
regardless of whether the land is held in trust for taxing 
districts, and which borders on or is adjacent to meandered 
lakes and other public waters and watercourses, and the live 
timber growing or being thereon, is hereby withdrawn from sale 
except as hereinafter provided.  The authority having 
jurisdiction over the timber on any such lands may sell the 
timber as otherwise provided by law for cutting and removal 
under such conditions as the authority may prescribe in 
accordance with approved, sustained yield forestry practices.  
The authority having jurisdiction over the timber shall reserve 
such timber and impose such conditions as the authority deems 
necessary for the protection of watersheds, wildlife habitat, 
shorelines, and scenic features.  Within the area in Cook, Lake, 
and St. Louis counties described in the Act of Congress approved 
July 10, 1930 (46 Stat. 1020), the timber on tax-forfeited lands 
shall be subject to like restrictions as are now imposed by that 
act on federal lands.  
    (b) Of all tax-forfeited land bordering on or adjacent to 
meandered lakes and other public waters and watercourses and so 
withdrawn from sale, a strip two rods in width, the ordinary 
high-water mark being the waterside boundary thereof, and the 
land side boundary thereof being a line drawn parallel to the 
ordinary high-water mark and two rods distant landward 
therefrom, hereby is reserved for public travel thereon, and 
whatever the conformation of the shore line or conditions 
require, the authority having jurisdiction over such lands shall 
reserve a wider strip for such purposes.  
    (c) Any tract or parcel of land which has 50 feet or less 
of waterfront may be sold by the authority having jurisdiction 
over the land, in the manner otherwise provided by law for the 
sale of such lands, if the authority determines that it is in 
the public interest to do so.  If the authority having 
jurisdiction over the land is not the commissioner of natural 
resources, the land may not be offered for sale without the 
prior approval of the commissioner of natural resources. 
    (d) Where the authority having jurisdiction over lands 
withdrawn from sale under this section is not the commissioner 
of natural resources, the authority may submit proposals for 
disposition of the lands to the commissioner.  The commissioner 
of natural resources shall evaluate the lands and their public 
benefits and make recommendations on the proposed dispositions 
to the committees of the legislature with jurisdiction over 
natural resources.  The commissioner shall include any 
recommendations of the commissioner for disposition of lands 
withdrawn from sale under this section over which the 
commissioner has jurisdiction.  The commissioner's 
recommendations may include a public sale, sale to a private 
party, acquisition by the department of natural resources for 
public purposes, or a cooperative management agreement with, or 
transfer to, another unit of government. 
    Presented to the governor May 20, 1991 
    Signed by the governor May 23, 1991, 7:11 p.m.