Minnesota Session Laws - 1992, Regular Session

  

                         Laws of Minnesota 1992 

                        CHAPTER 561-H.F.No. 2280 
           An act relating to state lands; changing provisions 
          relating to withdrawal of certain lands from sale or 
          exchange; authorizing the private sale of 
          tax-forfeited lands in St. Louis, Hubbard, Itasca, and 
          Chisago counties; amending Minnesota Statutes 1991 
          Supplement, section 103F.535, subdivision 1; repealing 
          Minnesota Statutes 1990, section 103F.535, 
          subdivisions 2, 3, and 4. 
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wetlands are withdrawn from sale by the state or exchange unless 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.  [SALE OF TAX-FORFEITED LAND; BIWABIK.] 
    (a) Notwithstanding Minnesota Statutes, section 282.018, 
subdivision 1, and the public sale provisions of Minnesota 
Statutes, chapter 282, St. Louis county may convey the 
tax-forfeited land described in paragraph (c) to the city of 
Biwabik.  The land is located in the city of Biwabik in St. 
Louis county. 
    (b) The land described in paragraph (c) may be conveyed by 
quitclaim deed in a form approved by the attorney general.  The 
consideration for the conveyance must be the appraised value of 
the land plus the cost of appraisal. 
    (c) The land that may be conveyed is the land described as 
follows, except for any state highway right-of-way: 
    the NW 1/4 of the SW 1/4 of section 1; 
    the NE 1/4 of the SE 1/4 of section 2; and 
    the SW 1/4 of the SE 1/4 of section 2, 
    all in Township 58 North of Range 16 West. 
    Sec. 3.  [SALE OF TAX-FORFEITED LANDS; LEECH LAKE BAND OF 
CHIPPEWA INDIANS.] 
    (a) Notwithstanding the public sale provisions of Minnesota 
Statutes, chapter 282, Hubbard county may convey by private sale 
the tax-forfeited land described in paragraph (c). 
    (b) The land described in paragraph (c) may be conveyed by 
private sale to the Leech Lake Band of Chippewa Indians for not 
less than the appraised value.  The conveyance must be in a form 
approved by the attorney general. 
    (c) The land that may be conveyed is located in Hubbard 
county and is described as:  the south half of the northwest 
quarter of the southeast quarter, Section 13, Township 145 
North, Range 32 West of the Fifth Principal Meridian, Hubbard 
county, Minnesota, containing 20 acres, more or less. 
    (d) The land is contiguous to the Leech Lake landfill and 
there has been some inadvertent encroachment of the landfill 
onto the land.  The land is needed to provide cover materials 
for closing the landfill. 
    Sec. 4.  [SALE OF TAX-FORFEITED LAND IN ITASCA COUNTY.] 
    (a) Notwithstanding Minnesota Statutes, section 282.018, 
subdivision 1, and the public sale provisions of Minnesota 
Statutes, chapter 282, Itasca county may convey by private sale 
the tax-forfeited land bordering public waters described in 
paragraph (c). 
    (b) The land described in paragraph (c) may be sold by 
private sale to the owners of units in Pokegama Commons 
condominium in Itasca county, or their assigns.  The conveyance 
must be in a form approved by the attorney general. 
    (c) The land that may be conveyed is described as: 
The COMMON ELEMENTS as shown on CONDOMINIUM NO. 4 POKEGAMA 
COMMONS, A CONDOMINIUM, according to the recorded condominium 
thereof, Itasca County, Minnesota being that part of the 
Northwest Quarter of the Northeast Quarter of Section 26, 
Township 54, Range 26, Itasca County, Minnesota, lying North of 
County Road Number 17, and that part of Government Lot 5, 
Section 23, Township 54, Range 26, Itasca County, Minnesota, 
lying South of the South line of THE PLAT OF SHERRY'S ARM, 
according to the plat thereof on file and of record in the 
office of the County Recorder, Itasca County, Minnesota, as now 
monumented and laid out, excepting therefrom the following 
described tracts. 
Commencing at the Southwest corner of said Government Lot 5; 
thence on an assumed bearing of North 2 degrees 32 minutes 59 
seconds West along the West line of said Government Lot 5, a 
distance of 141.11 feet to the point of beginning of the land to 
be described; thence North 47 degrees 04 minutes 41 seconds East 
a distance of 322.40 feet; thence North 42 degrees 55 minutes 19 
seconds West, a distance of 122.09 feet; thence North 47 degrees 
04 minutes 41 seconds East, a distance of 200.09 feet; thence 
South 42 degrees 55 minutes 19 seconds East, a distance of 
268.53 feet; thence Northerly, a distance of 47.64 feet, along a 
nontangential curve concave to the Northwest, having a radius of 
315.84 feet and a central angle of 8 degrees 38 minutes 34 
seconds, the chord of said curve bearing North 16 degrees 50 
minutes 55 seconds East; thence North 12 degrees 31 minutes 37 
seconds East, tangent to the last described curve, a distance of 
498.59 feet; thence North 77 degrees 28 minutes 23 seconds West, 
a distance of 255.00 feet; thence South 12 degrees 31 minutes 37 
seconds West a distance of 266.96 feet; thence West to the West 
line of said Government Lot 5; thence southerly along said West 
line of Government Lot 5 to the point of beginning. 
AND 
Commencing at the Southwest corner of said Government Lot 5; 
thence on an assumed bearing of North 2 degrees 32 minutes 59 
seconds West along the West line of said Government Lot 5, a 
distance of 141.11 feet; thence North 47 degrees 04 minutes 41 
seconds East a distance of 322.40 feet; thence North 42 degrees 
55 minutes 19 seconds West, a distance of 122.09 feet; thence 
North 47 degrees 04 minutes 41 seconds East a distance of 200.09 
feet; thence South 42 degrees 55 minutes 19 seconds East a 
distance of 323.25 feet to the point of beginning of the land to 
be described; thence continuing South 42 degrees 55 minutes 19 
seconds East a distance of 220.00 feet; thence North 47 degrees 
04 minutes 19 seconds East, a distance of 190.00 feet; thence 
North 42 degrees 55 minutes 19 seconds West a distance of 340.49 
feet; thence South 12 degrees 31 minutes 37 seconds West a 
distance of 146.33 feet; thence Southerly a distance of 79.11 
feet along a tangential curve concave to the Northwest, having a 
radius of 365.84 feet and a central angle of 12 degrees 23 
minutes 24 seconds to the point of beginning. 
AND EXCEPT 
Condominium Units 1 through 16 inclusive said CONDOMINIUM NO. 4, 
POKEGAMA COMMONS A CONDOMINIUM. 
    (d) The land is common area for the Pokegama Commons 
condominium development on Pokegama Lake in Itasca county.  To 
make the condominium units usable and return the property to the 
tax rolls, the common area and the units must be brought back 
into common ownership. 
    Sec. 5.  [PRIVATE SALE OF STATE-OWNED LAND; ST. LOUIS 
COUNTY.] 
    (a) Notwithstanding other law to the contrary, St. Louis 
county, on behalf of the state, shall convey by private sale the 
state-owned land described in paragraph (c). 
    (b) The land described in paragraph (c) shall be sold by 
private sale to Mr. Edward William Jenkins of St. Louis county, 
Minnesota.  The conveyance must be in a form approved by the 
attorney general for a consideration of its fair market value.  
The attorney general shall provide an accurate legal description 
of the property conveyed. 
    (c) The land to be conveyed is located in St. Louis county, 
consists of about five acres, and is generally described as: 
five acres bordering land owned by Edward William Jenkins in the 
Northeast Quarter of the Southwest Quarter of Section 7, 
Township 63 North, Range 20 West of the Fourth Principal 
Meridian, all in St. Louis county. 
    Sec. 6.  [PRIVATE SALE OF TAX-FORFEITED LAND; SCARLETT.] 
    (a) Notwithstanding Minnesota Statutes, section 282.018, 
the public sale provisions of Minnesota Statutes, chapter 282, 
St. Louis county may convey by private sale the tax-forfeited 
land described in paragraph (c). 
    (b) The land described in paragraph (c) may be sold by 
private sale to Raymond Scarlett of 2015 Woodland Avenue, 
Duluth, Minnesota.  The conveyance must be in a form approved by 
the attorney general for a consideration equal to the aggregate 
of delinquent taxes and assessments computed under Minnesota 
Statutes, section 282.251, together with any penalties, 
interest, and costs that accrued or would have accrued if the 
property had not forfeited to the state. 
    (c) The land that may be conveyed is located in St. Louis 
county, is designated as tax parcel 10-1830-330, and consists of 
Lot 7, Block 19, Glen Avon First Division, in the city of 
Duluth, Minnesota. 
    (d) Mr. Scarlett, by mistake, failed to pay the taxes.  The 
county has determined that the property would be put to better 
use if returned to the former owner. 
    Sec. 7.  [SALE OF TAX-FORFEITED LAND IN CHISAGO COUNTY.] 
    (a) Notwithstanding Minnesota Statutes, section 282.018, 
subdivision 1, Chisago county may sell the tax-forfeited land 
bordering public water 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. 
    (c) The land that may be sold is located in the city of 
Lindstrom, Chisago county, and described as Lot 3, Sundbergs 
Beach. 
    (d) The county has determined that the county's land 
management interests would best be served if the land were sold 
as provided under this section. 
    Sec. 8.  [PRIVATE SALE OF TAX-FORFEITED LAND; ST. LOUIS 
COUNTY.] 
    (a) Notwithstanding the public sale provisions of Minnesota 
Statutes, chapter 282, St. Louis county may sell and convey to 
Tom Schlotec by private sale the tax-forfeited land described in 
paragraph (c).  
    (b) The conveyance must be in a form approved by the 
attorney general for a consideration equal to the fair market 
value of the property.  
    (c) The property to be sold consists of approximately 100 
acres, and is described as: 
    (1) the SE 1/4 of the SW 1/4 and the SW 1/4 of the SE 1/4 
of section 2; 
    (2) the N 1/2 of the N 1/2 of the NE 1/4 of the NW 1/4 of 
section 11; and 
    (3) the N 1/2 of the N 1/2 of the NW 1/4 of the NE 1/4 of 
section 11; 
all located in township 52 N of range 17 W in St. Louis county. 
    (d) The county finds that the property is suitable for use 
as an industrial demolition landfill and recycling center and 
that the property would be put to better use if returned to 
private ownership. 
    Sec. 9.  [RELEASE AND ALTERATION OF CONSERVATION 
EASEMENTS.] 
    Conservation easements existing under Minnesota Statutes, 
section 103F.535, as of the effective date of this act may be 
altered, released, or terminated by the board of water and soil 
resources after consultation with the commissioners of 
agriculture and natural resources.  The board may alter, 
release, or terminate a conservation easement only if the board 
determines that the public interest and general welfare are 
better served by the alteration, release, or termination. 
    Sec. 10.  [REPEALER.] 
    Minnesota Statutes 1990, section 103F.535, subdivisions 2, 
3, and 4, are repealed. 
    Sec. 11.  [EFFECTIVE DATE.] 
    Sections 1 to 10 are effective the day following final 
enactment. 
    Presented to the governor April 17, 1992 
    Signed by the governor April 29, 1992, 8:12 a.m.