Minnesota Session Laws - 1992, Regular Session

  

                         Laws of Minnesota 1992 

                        CHAPTER 502-S.F.No. 1787 
           An act relating to state lands; changing provisions 
          relating to withdrawal of certain lands from sale or 
          exchange; authorizing the sale of surplus land 
          bordering public waters for public use; authorizing 
          public sale of certain tax-forfeited lands that border 
          public water in Fillmore county; authorizing a private 
          sale of lands in Washington county; prescribing 
          conditions; amending Minnesota Statutes 1991 
          Supplement, section 103F.535, subdivision 1; repealing 
          Minnesota Statutes 1990, section 103F.535, 
          subdivisions 2 and 3. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1991 Supplement, section 
103F.535, subdivision 1, is amended to read: 
    Subdivision 1.  [RESERVATION OF MARGINAL LAND AND 
WETLANDS.] (a) Notwithstanding any other law, Marginal land and 
wetlands are withdrawn from sale by the state or exchange unless 
use of the marginal land or wetland is restricted by a 
conservation easement as provided in this section: 
    (1) notice of the existence of the nonforested marginal 
land or wetlands, in a form prescribed by the board of water and 
soil resources, is provided to prospective purchasers; and 
    (2) the deed contains a restrictive covenant, in a form 
prescribed by the board of water and soil resources, that 
precludes enrollment of the land in a state-funded program 
providing compensation for conservation of marginal land or 
wetlands. 
    (b) This section does not apply to transfers of land by the 
board of water and soil resources to correct errors in legal 
descriptions under section 103F.515, subdivision 8, or to 
transfers by the commissioner of natural resources for:  
    (1) land that is currently in nonagricultural commercial 
use if a conservation easement restrictive covenant would 
interfere with the commercial use; 
    (2) land in platted subdivisions; 
    (3) conveyances of land to correct errors in legal 
descriptions under section 84.0273; 
    (4) exchanges of nonagricultural land with the federal 
government, or exchanges of Class A, Class B, and Class C 
nonagricultural land with local units of government under 
sections 94.342, 94.343, 94.344, and 94.349; 
    (5) land transferred to political subdivisions for public 
purposes under sections 84.027, subdivision 10, and 94.10; and 
     (6) land not needed for trail purposes that is sold to 
adjacent property owners and lease holders under section 85.015, 
subdivision 1, paragraph (b).  
    (c) This section does not apply to transfers of land by the 
commissioner of administration or transportation or by the 
Minnesota housing finance agency, or to transfers of 
tax-forfeited land under chapter 282 if:  
    (1) the land is in platted subdivisions; or 
    (2) the conveyance is a transfer to correct errors in legal 
descriptions. 
    (d) This section does not apply to transfers of land by the 
commissioner of administration or by the Minnesota housing 
finance agency for: 
    (1) land that is currently in nonagricultural commercial 
use if a conservation easement restrictive covenant would 
interfere with the commercial use; or 
    (2) land transferred to political subdivisions for public 
purposes under sections 84.027, subdivision 10, and 94.10. 
    Sec. 2.  [CITY OF MOUNTAIN LAKE; SURPLUS LAND FOR PUBLIC 
USE.] 
    (a) Notwithstanding Minnesota Statutes, section 92.45, the 
commissioner of natural resources may sell the land described in 
paragraph (b) to the city of Mountain Lake in the manner 
prescribed by Minnesota Statutes, section 84.027, subdivision 10.
    (b) The land that may be sold is located in Cottonwood 
county and described as: 
    A parcel of land in the southeast quarter of the southeast 
quarter (SE 1/4 SE 1/4), Section 29, Township 106 North, Range 
34 West, in Cottonwood county, Minnesota, more particularly 
described as follows:  Beginning at the southeast corner of said 
Section 29; thence West along the South line of said Section 29 
to the southwest corner of said southeast quarter of the 
southeast quarter (SE 1/4 SE 1/4); thence northerly along the 
West line of said southeast quarter of the southeast quarter (SE 
1/4 SE 1/4), 556 feet, more or less, to the 105 foot contour 
line as established from a Bench Mark (Elevation 100.00 Assumed 
Datum), being the top of the Concrete Abutment at its junction 
with the wing wall at the northwest corner of the Highway Bridge 
over Spring Creek in the southwest corner of the northwest 
quarter of the southwest quarter (NW 1/4 SW 1/4), Section 28, 
Township 106 North, Range 34 west, Cottonwood county, Minnesota, 
said contour line being shown on Sheet No. 2 of the 
Topographical Map of the Mountain Lake Dam, Park and Lake 
Project of the Emergency Relief Administration of the State of 
Minnesota, dated June 4th, 1985, which map is attached hereto, 
made a part hereof and marked "Exhibit A"; thence northeasterly 
along said 105 foot contour line to its intersection with the 
North line of said southeast quarter of the southeast quarter 
(SE 1/4 SE 1/4); thence east along said North line 240 feet, 
more or less, to the northeast corner of said southeast quarter 
of the southwest quarter (SE 1/4 SW 1/4); thence South along the 
east line of said Section 29, a distance of 1342 feet, more or 
less, to the point of beginning; containing 55.49 acres, more or 
less. 
    (c) The land described in paragraph (b) consists of an 
island and surrounding submerged lands.  The city wishes to 
improve an existing access to the island and add the island to 
the city park system for use as a natural area.  The land is not 
needed for resource management and has been declared surplus.  
It will best serve the public interest if this property is sold 
and the proceeds used for acquisition of other land. 
    (d) If the submerged lands included in the legal 
description in paragraph (b) are held in custody by the state 
executive council, the council may authorize the commissioner of 
natural resources to convey the lands. 
    Sec. 3.  [SALE OF TAX-FORFEITED LAND; FILLMORE COUNTY.] 
    (a) Notwithstanding Minnesota Statutes, sections 92.45 and 
282.018, subdivision 1, Fillmore county may sell the 
tax-forfeited lands bordering public water that is described in 
paragraph (c), under the remaining provisions of Minnesota 
Statutes, chapter 282. 
    (b) The conveyance must be in a form approved by the 
attorney general and provide for reservation of an easement two 
rods in width, measured from the ordinary high water mark of the 
Root River. 
    (c) The land that may be conveyed is located in the city of 
Preston in Fillmore county and is listed in the auditor's 
description as the following 3 parcels of Barbara Kaerchers 
Addition: 
    (1) Lot 3, Block 2; 
    (2) Lot 3 and E 2 FT of N 60 FT of Lot 2, Block 1; and 
    (3) PT SE1/4 of NW1/4 S of Lot 3, Block 1. 
    (d) The county has determined that the county's land 
management interests would best be served if the lands were 
returned to private ownership. 
    Sec. 4.  [PRIVATE SALE OF STATE LAND; WASHINGTON COUNTY.] 
    Notwithstanding the public sale provisions of Minnesota 
Statutes, sections 94.09 to 94.16 or any other law to the 
contrary, the commissioner of natural resources may sell land in 
Washington county described in this section by private sale to 
the purchaser.  The conveyance shall be in a form approved by 
the attorney general.  The consideration received for the 
conveyance shall be the market value of the land of $1,160,000 
as established by a state appraisal certified by the 
commissioner on January 27, 1992, plus an additional 18 percent 
of an amount equal to the market value less any environmental 
cleanup funds provided by the purchaser prior to the conveyance, 
as described in section 5.  The consideration and 18 percent 
additional payment shall be deposited in the state treasury and 
credited to the wildlife land acquisition account.  The basic 
purchase consideration is appropriated to the commissioner for 
acquisition of replacement wildlife management area lands in 
Anoka, Carver, Dakota, Hennepin, Scott, or Washington counties.  
The 18 percent additional payment is appropriated to the 
commissioner to cover the commissioner's professional service 
costs to acquire the replacement lands and the cost of 
appraisals for the state lands sold to the purchaser.  The 
commissioner shall return any portion of the 18 percent 
additional payment remaining after acquisition of replacement 
lands to the purchaser. 
    The land that may be sold is in the Bayport state wildlife 
management area and is described as follows:  
 All that part of Sections 10 and 15, in Township 29 North, 
Range 20 West, described as follows:  Commencing at the 
southeast corner of said Section 10; thence west along the 
south line of said Section 10 a distance of 270 feet to the 
point of beginning; thence north parallel with and 270 feet 
westerly from the east line of said Section 10 a distance 
of 1,296 feet; thence west a distance of 360 feet; thence 
north parallel with the east line of said Section 10 a 
distance of 740 feet; thence west 160 feet; thence north 
parallel with the east line of said Section 10 a distance 
of 580 feet; thence west 140 feet; thence north along the 
west line and the same extended southerly of Block 80, in 
South Stillwater, (Bayport), according to the recorded plat 
thereof in the office of the County Recorder for Washington 
county, 360 feet to the northwest corner of said Block 80; 
thence west on a continuation of the north line of said 
Block 80 a distance of 185 feet; thence south and parallel 
with the west line of Block 81 of said South Stillwater 
(Bayport) 100 feet; thence west and parallel with the north 
line of said Block 81 to the west line of said Block 81 a 
distance of 175 feet; thence north along the west line of 
said Block 81 to the northwest corner of said Block 81 a 
distance of 100 feet; thence west on a continuation of the 
north line of said Block 81 a distance of 30 feet to the 
west line of the Southeast Quarter of the Northeast Quarter 
of said Section 10; thence north along said west line of 
the Southeast Quarter of the Northeast Quarter to the south 
line of the North 900 feet of the Southwest Quarter of the 
Northeast Quarter of said Section 10; thence west along the 
south line of the North 900 feet of the Southwest Quarter 
of the Northeast Quarter of said Section 10 to the west 
line of the Southwest Quarter of the Northeast Quarter of 
said Section 10; thence north along said west line to the 
north line of the South 30 acres of the Southeast Quarter 
of the Northwest Quarter of said Section 10; thence West 
along the north line of the South 30 acres of the Southeast 
Quarter of the Northwest Quarter of said Section 10 to the 
Northwest corner of the South 30 acres of the Southeast 
Quarter of the Northwest Quarter of said section; thence 
south along the west line of the Southeast Quarter of the 
Northwest Quarter of said Section 10 to the center line of 
the Stillwater and Point Douglas Road (aka County State Aid 
Highway 21); thence southeasterly along said center line of 
said Stillwater and Point Douglas Road (aka County State 
Aid Highway 21) to a point on a line drawn parallel and 11 
chains and 92 links southerly from the north line of said 
Section 15; thence east parallel with the north line of the 
Northwest Quarter of said Section 15 to the west line of 
the Northwest Quarter of the Northeast Quarter of said 
Section 15; thence east parallel with the north line of the 
Northwest Quarter of the Northeast Quarter of said Section 
15 a distance of 202.76 feet; thence north parallel with 
the west line of said Northwest Quarter of the Northeast 
Quarter to the south line of said Section 10; thence east 
along said south line to the point of beginning.  Excepting 
from the land within the above described boundaries, the 
right-of-way of the Chicago and North Western Railway 
across said parts of Sections 10 and 15.  And also all that 
part of the Southwest Quarter of the Northwest Quarter of 
Section 10, Township 29 North, Range 20 West, lying east of 
Stillwater and Point Douglas Road (aka County State Aid 
Highway 21), excepting that part thereof heretofore deeded 
by Frank L. Barrett and wife to John Zabel, by deed dated 
9th day of December, 1893, and recorded 16th day of 
December, 1893, in the office of the County Recorder for 
said Washington county, in Book 40 of Deeds, Page 133.  
Said lands containing 244.81 acres, more or less. 
    The commissioner may reserve to the state an easement 
across the above described property for ingress and egress to 
lands to be retained by the commissioner in Section 15, Township 
29 North, Range 20 West. 
    Sec. 5.  [ENVIRONMENTAL CLEANUP COSTS.] 
    The commissioner of natural resources may accept, prior to 
the conveyance, funds from the purchaser for the commissioner to 
conduct an environmental cleanup of a former disposal site on 
the land described in section 4.  The funds shall be deposited 
in the state treasury and are appropriated to the commissioner 
of natural resources for purposes of the environmental cleanup.  
The amount of funds provided by the purchaser and expended by 
the commissioner to accomplish the cleanup, up to a maximum of 
$600,000, shall be deducted from the consideration to be paid by 
the purchaser. 
    Sec. 6.  [MARGINAL LANDS.] 
    Notwithstanding Minnesota Statutes, section 103F.535, the 
commissioner of natural resources shall not be required to 
include in the determination and delineation of marginal lands 
to be reserved and restricted by a conservation easement any 
marginal lands located on the parcel described in section 4 
which the board of water and soil resources determines may be 
altered after the conveyance without adversely affecting the 
public interests and general welfare.  This provision shall 
apply only to those marginal lands for which a written 
alteration plan has been approved by the board prior to the 
conveyance.  The deed to the purchaser must contain a 
restrictive covenant providing that no alteration of marginal 
lands shall be permitted except in accordance with the approved 
plan.  Alteration of any wetlands on the parcel is not 
authorized by this section. 
     Sec. 7.  [REPEALER.] 
    Minnesota Statutes 1990, section 103F.535, subdivisions 2 
and 3, are repealed. 
    Sec. 8.  [EFFECTIVE DATE.] 
    This act is effective the day following final enactment. 
    Presented to the governor April 17, 1992 
    Signed by the governor April 23, 1992, 11:52 a.m.