Key: (1) language to be deleted (2) new language
Laws of Minnesota 1993
CHAPTER 285-S.F.No. 1074
An act relating to natural resources; management of
state-owned lands by the department of natural
resources; deletion of land from Moose Lake state
recreation area; private use of state trails; use of
proceeds from private sale of state land in Washington
county; transfer of shoreland lots in Otter Tail
county; reporting and planning by commissioner of
natural resources; appropriating money; amending
Minnesota Statutes 1992, sections 84.0273; 84.632;
85.015, by adding a subdivision; 86A.05, subdivision
14; 92.06, subdivision 1; 92.14, subdivision 2; 92.19;
92.29; 92.67, subdivision 5; 94.10; 94.11; 94.13;
94.343, subdivision 3; 94.348, subdivision 2; and
97A.135, subdivision 2, and by adding a subdivision;
Laws 1992, chapter 502, section 4.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1992, section 84.0273, is
amended to read:
84.0273 [CORRECTION OF BOUNDARY LINES RELATING TO CERTAIN
STATE LANDHOLDINGS.]
In order to correct errors in legal descriptions affecting
the ownership interests of the state and adjacent landowners,
the commissioner of natural resources may, in the name of the
state, with the approval of the state executive council, convey,
without monetary consideration, by quitclaim deed in such form
as the attorney general approves, such rights, titles, and
interests of the state in state lands for such rights, titles
and interests in adjacent lands as are necessary for the purpose
of correcting legal descriptions of boundaries. The
commissioner's recommendations to the executive council shall
include the commissioner's determination of the value, if any,
of the rights, titles, and interests involved. A notice of the
proposed conveyance and a brief statement of the reason therefor
shall be published once in the State Register by the
commissioner between 15 and 30 days prior to conveyance. The
provisions of this section are not intended to replace or
supersede laws relating to land exchange or disposal of surplus
state property.
Sec. 2. Minnesota Statutes 1992, section 84.632, is
amended to read:
84.632 [CONVEYANCE OF UNNEEDED STATE FLOWAGE EASEMENTS.]
(a) Notwithstanding section 92.45, the commissioner of
natural resources may, in the name of the state, release a
flowage all or part of an easement acquired by the state to upon
application of a landowner whose property is burdened with
the flowage easement if the flowage easement is not needed for
state purposes.
(b) The entire, or a portion of a, flowage All or part of
an easement may be released by payment of consideration in an
amount of not less than $500, to be determined by the
commissioner. The conveyance release must be by quitclaim deed
in a form approved by the attorney general.
(c) Money received for release of the flowage easement
shall be deposited in must be credited to the account from which
money was expended for purchase of the flowage easement. If
there is no specific account, the money must be credited to the
land acquisition account established in section 94.165.
Sec. 3. [85.013] [Subd. 18a] MOOSE LAKE STATE RECREATION
AREA, CARLTON COUNTY. The following area is deleted from Moose
Lake state recreation area: The Southeast Quarter of the
Southwest Quarter and the Southwest Quarter of the Southeast
Quarter of Section 22.
Sec. 4. Minnesota Statutes 1992, section 85.015, is
amended by adding a subdivision to read:
Subd. 1a. [PRIVATE SUBSURFACE USE OF
TRAILS.] Notwithstanding section 272.68, subdivision 3, the
commissioner may issue a permit, without a fee, to allow a
person who owns land adjacent to a trail established under this
section on land owned by the state in fee to continue a
subsurface use of the trail right-of-way, if:
(1) the person was carrying on the use when the state
acquired the land for the trail; and
(2) the use does not interfere with the public's use of the
trail.
Sec. 5. Minnesota Statutes 1992, section 86A.05,
subdivision 14, is amended to read:
Subd. 14. [AQUATIC MANAGEMENT AREAS.] (a) Aquatic
management areas may be established to protect, develop, and
manage lakes, rivers, streams, and adjacent wetlands and lands
that are critical for fish and other aquatic life, for water
quality, and for their intrinsic biological value, public
fishing, or other compatible outdoor recreational uses.
(b) Aquatic management areas may be established to protect
wetland areas under ten acres that are donated to the department
of natural resources.
(c) No unit may be authorized unless it meets one or more
of the following criteria:
(1) provides angler or management access;
(2) protects fish spawning, rearing, or other unique
habitat;
(3) protects aquatic wildlife feeding and nesting areas;
(4) protects critical shoreline habitat; or
(5) provides a site for research on natural history.
(c) (d) Aquatic management areas must be administered by
the commissioner of natural resources in a manner consistent
with the purposes of this subdivision to perpetuate and, if
necessary, reestablish high quality aquatic habitat for
production of fish, wildlife, and other aquatic species. Public
fishing and other uses shall be consistent with the limitations
of the resource, including the need to preserve adequate
populations and prevent long-term habitat injury or excessive
fish population reduction or increase. Public access to aquatic
management areas may be closed during certain time periods.
Sec. 6. Minnesota Statutes 1992, section 92.06,
subdivision 1, is amended to read:
Subdivision 1. [TERMS.] (a) The terms of payment on the
sale of state public lands must be as follows: The purchaser
shall pay in cash at the time of sale the appraised value of all
timber. At least 15 percent of the purchase price of the land
exclusive of timber must be paid in cash at the time of sale.
The balance must be paid in no more than 20 equal annual
installments. Payments must be made by June 1 each year
following the year in which the purchase was made, with interest
at the rate in effect at the time under section 549.09 of sale,
calculated under this subdivision, on the unpaid balances. Any
installment of principal or interest may be paid in advance, but
part payment of an installment will not be accepted. For the
purpose of computing interest, any installment of principal not
paid on June 1 shall be credited on the following June 1.
(b) Interest on unpaid balances must be computed as annual
simple interest. The rate of interest must be based on average
effective interest rates on mortgage loans as provided in
paragraph (c).
(c) On or before December 31 of each year the commissioner
of natural resources shall determine the rate from the average
effective interest rate on loans closed using the office of
thrift supervision series, formerly the federal home loan bank
board series, or its successor agency, for the most recent
calendar month, reported on a monthly basis in the latest
statistical release of the board of governors of the federal
reserve system. This yield, rounded to the nearest quarter of
one percent, is the annual interest rate for sales of state land
during the succeeding calendar year.
(d) For state land sales in calendar year 1993 after July
1, 1993, the rate is eight percent, which is the September 1992
average from the office of thrift supervision series, rounded to
the nearest quarter of one percent.
Sec. 7. Minnesota Statutes 1992, section 92.14,
subdivision 2, is amended to read:
Subd. 2. [CONTENTS.] The notice must contain the following
information:
(1) the time and place for the holding of the sales;
(2) the limitations and requirements provided by law for
purchasers of the lands;
(3) the terms and conditions of payments required by law a
general statement of the terms of sale; and
(4) (3) the place where lists of lands to be offered for
sale may be obtained.
Sec. 8. Minnesota Statutes 1992, section 92.19, is amended
to read:
92.19 [ASSIGNMENT; EXTENSIONS OF PAYMENT.]
When a certificate or partial interest in a certificate is
assigned, the assignment must be made by deed or instrument of
assignment of an equitable interest of record on a form
prescribed by the commissioner, executed by the assignor and
assignee, and consented to by the commissioner. An assignment
of a partial interest shall recite that payment in full has been
made to the commissioner.
When the assignee satisfies the terms of the assignment and
corresponding terms of the certificate, the commissioner shall
issue a deed or patent to the assignee. When an extension of
time of payment is agreed upon, the agreement must be in
writing, executed like a deed, and recorded in the office of the
commissioner.
Sec. 9. Minnesota Statutes 1992, section 92.29, is amended
to read:
92.29 [LAND PATENTS.]
The commissioner of natural resources shall sign and issue
in the name of the state and under the seal of the state a
patent for the land described in any certificate of sale when
the principal and interest specified in the certificate of sale
and all delinquent taxes due on the land have been paid. The
patent shall be issued to the purchaser named in the certificate
of sale, or the purchaser's successor in interest by execution,
judicial, mortgage or tax sale, or the assignee, vendee, heir or
devisee of the purchaser, as shown by a properly certified
abstract of title or other evidence if the purchaser's successor
is a person other than the purchaser named in the certificate of
sale. If the certificate of sale has become lost or destroyed,
an affidavit stating that fact or a certified copy of the
certificate must be submitted by the applicant for a patent.
Sec. 10. Minnesota Statutes 1992, section 92.67,
subdivision 5, is amended to read:
Subd. 5. [TERMS OF SALE.] For the sale of the public lands
under this section, the purchaser shall pay the state ten
percent of the purchase price at the time of the sale. The
balance must be paid in no more than 20 equal annual
installments. The interest rate on the remaining balance shall
be at the rate in effect at the time of the sale under section
549.09 92.06, subdivision 1.
Sec. 11. Minnesota Statutes 1992, section 94.10, is
amended to read:
94.10 [SURVEYS, APPRAISALS AND SALE.]
Subdivision 1. Before offering any surplus state owned
lands for sale, the commissioner of administration may survey
such lands, and if the value thereof is estimated to be
$20,000 $40,000 or less, may have such lands appraised. The
commissioner shall have the lands appraised if the estimated
value is in excess of $20,000 $40,000. The appraisal shall be
made by not less than three appraisers, at least two of whom
shall be residents of the county in which the lands are
situated. Each appraiser shall before entering upon the duties
of the office take and subscribe an oath that the appraiser will
faithfully and impartially discharge the duties as appraiser
according to the best of the appraiser's ability and that the
appraiser is not interested directly or indirectly in any of the
lands to be appraised or the timber or improvements thereon or
in the purchase thereof and has entered into no agreement or
combination to purchase the same or any part thereof, which oath
shall be attached to the report of such appraisal. Before
offering such surplus state owned lands for public sale, such
lands shall first be offered to the city, county, town, school
district, or other public body corporate or politic in which the
lands are situated for public purposes and they may be sold for
such public purposes for not less than the appraised value
thereof. To determine whether a public body desires to purchase
the surplus land, the commissioner of administration shall give
a written notice to the governing body of each political
subdivision whose jurisdictional boundaries include or are
adjacent to the surplus land. If a public body desires to
purchase the surplus land it shall submit a written offer to the
commissioner not later than two weeks after receipt of notice
setting forth in detail its reasons for desiring to acquire and
its intended use of the land. In the event that more than one
public body tenders an offer, the commissioner shall determine
which party shall receive the property, and shall submit written
findings regarding the decision. If lands are offered for sale
for such public purposes, and if a public body notifies the
commissioner of administration of its desire to acquire such
lands, the public body may have not to exceed two years from the
date of the accepted offer to commence payment for the lands in
the manner provided by law.
Subd. 2. (a) Lands certified as surplus by the head of a
department or agency other than the department of natural
resources shall be offered for public sale by the commissioner
of administration as provided in this paragraph. After
complying with subdivision 1 and before any public sale of
surplus state owned land is made, the commissioner of
administration shall publish a notice thereof at least once in
each week for four successive weeks in a legal newspaper and
also in a newspaper of general distribution in the city or
county in which the real property to be sold is situated, which
notice shall specify the time and place in the county at which
the sale will commence, a general description of the lots or
tracts to be offered, and a general statement of the terms of
sale. Each tract or lot shall be sold separately and shall be
sold for not less than the appraised value thereof. Parcels
remaining unsold after the offering may be sold to anyone
agreeing to pay the appraised value thereof. The sale shall
continue until all parcels are sold or until the commissioner
orders a reappraisal or withdraws the remaining parcels from
sale.
(b) Lands certified as surplus by the commissioner of
natural resources shall be offered for public sale by the
commissioner of natural resources in the manner provided in
paragraph (a) for sales by the commissioner of administration.
(c) The cost of any survey or appraisal as provided in
subdivision 1 shall be added to and made a part of the appraised
value of the lands to be sold, whether to any political
subdivision of the state or to a private purchaser as provided
in this subdivision.
Sec. 12. Minnesota Statutes 1992, section 94.11, is
amended to read:
94.11 [TERMS OF PAYMENT.]
Not less than ten percent of the purchase price shall be
paid at the time of sale with the balance payable as follows:
If the purchase price of any lot or parcel is $5,000 or less,
the balance shall be paid within 90 days of the date of sale.
If the purchase price of any lot or parcel is in excess of
$5,000, the balance shall be paid in equal annual installments
for not more than five years, at the option of the purchaser,
with principal and interest payable annually in advance at a
rate equal to the rate in effect at the time under section
549.09 on the unpaid balance, payable to the state treasury on
or before June first 1 each year. Any installment of principal
or interest may be prepaid. Terms of payment for lands sold by
the commissioner of natural resources are the same as those
provided for state public lands by section 92.06, subdivision 1.
Sec. 13. Minnesota Statutes 1992, section 94.13, is
amended to read:
94.13 [RECORD OF CONTRACTS FOR DEED AND ASSIGNMENTS;
EFFECT.]
(a) A contract for deed issued pursuant to sections 94.09
to 94.16, or any assignment thereof, executed and acknowledged
as provided by law for the execution and acknowledgment of deeds
may be recorded in the office of the county recorder of any
county in the state in the same manner and with like effect as
deeds are therein recorded. This contract for deed shall
entitle the purchaser thereof, or the heirs and assigns of the
purchaser, to the exclusive possession of the land therein
described, provided its terms have been in all respects complied
with, and the contract for deed and the record thereof shall be
conclusive evidence of title in the purchaser, or the heirs and
assigns of the purchaser, for all purposes and against all
persons, except the state of Minnesota in case of forfeiture.
(b) When a contract for deed or partial interest in a
contract for deed is assigned, the assignment must be made on a
form provided by the commissioner, executed by the assignor and
assignee, and consented to by the commissioner. An assignment
of a partial interest must state that payment to date has been
made to the commissioner.
(c) When the assignee satisfies the terms of the assignment
and corresponding terms of the contract for deed, the
commissioner shall issue a deed to the assignee.
Sec. 14. Minnesota Statutes 1992, section 94.343,
subdivision 3, is amended to read:
Subd. 3. (a) Except as otherwise herein provided, Class A
land shall be exchanged only for land of at least substantially
equal value to the state, as determined by the commissioner,
with the approval of the board. For the purposes of such
determination, the commissioner shall cause the state land and
the land proposed to be exchanged therefor to be examined and
appraised by qualified state appraisers as provided in section
84.0272; provided, that in exchanges with the United States or
any agency thereof the examination and appraisal may be made in
such manner as the land exchange board may direct. The
appraisers shall determine the fair market value of the lands
involved, disregarding any minimum value fixed for state land by
the state constitution or by law, and shall make a report
thereof, together with such other pertinent information
respecting the use and value of the lands to the state as they
deem pertinent or as the commissioner or the board may require.
Such reports shall be filed and preserved in the same manner as
other reports of appraisal of state lands. The appraised values
shall not be conclusive, but shall be taken into consideration
by the commissioner and the board, together with such other
matters as they deem material, in determining the values for the
purposes of exchange.
(b) For the purposes of this subdivision, "substantially
equal value" means:
(1) where the lands being exchanged are both over 100
acres, their values do not differ by more than ten percent; and
(2) in other cases, the values of the exchanged lands do
not differ by more than 20 percent.
Sec. 15. Minnesota Statutes 1992, section 94.348,
subdivision 2, is amended to read:
Subd. 2. [APPRAISAL AND SURVEY FEE.] (a) Except as
provided in paragraph (b), the appraisal and survey fee shall be
retained by the board credited to the account from which the
expenses of appraisal and survey were paid and is appropriated
for expenditure in the same manner as other money in the account.
(b) The appraisal and survey fee shall be refunded if:
(1) the land exchange offer is withdrawn by a private land
owner or a governmental unit before money is spent for the
appraisal and survey; or
(2) the board refuses to accept the land exchange offer.
Sec. 16. Minnesota Statutes 1992, section 97A.135,
subdivision 2, is amended to read:
Subd. 2. [DISPOSAL OF UNSUITABLE HUNTING AREAS.] The
commissioner shall sell or exchange land acquired for public
hunting that is unnecessary or unsuitable. The land may not be
sold for less than its purchase price. The land may be
exchanged for land of equal value that adds to existing public
hunting areas. The sales and exchanges must be approved by the
executive council. This subdivision does not apply to land in a
wildlife management area.
Sec. 17. Minnesota Statutes 1992, section 97A.135, is
amended by adding a subdivision to read:
Subd. 2a. [DISPOSAL OF LAND IN WILDLIFE MANAGEMENT
AREAS.] (a) The commissioner may sell or exchange land in a
wildlife management area authorized by designation under section
86A.07, subdivision 3, or 97A.145 if the commissioner vacates
the designation before the sale or exchange in accordance with
this subdivision. The designation may be vacated only if the
commissioner finds, after a public hearing, that the disposal of
the land is in the public interest.
(b) A sale under this subdivision is subject to sections
94.09 to 94.16. An exchange under this subdivision is subject
to sections 94.341 to 94.348.
(c) Revenue received from a sale authorized under paragraph
(a) is appropriated to the commissioner for acquisition of
replacement wildlife management lands.
(d) Land acquired by the commissioner under this
subdivision must meet the criteria in section 86A.05,
subdivision 8, and as soon as possible after the acquisition
must be designated as a wildlife management area under section
86A.07, subdivision 3, or 97A.145.
(e) In acquiring land under this subdivision, the
commissioner must give priority to land within the same
geographic region of the state as the land conveyed.
Sec. 18. Laws 1992, chapter 502, section 4, is amended to
read:
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 and for cleanup of contamination on wildlife management
area lands adjacent to the land conveyed. Of this
appropriation, at least $560,000 must be used for acquisition of
replacement wildlife management area lands. 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. 19. [SHORELAND LOT TRANSFER.]
(a) Notwithstanding Minnesota Rules, part 6120.3300,
subpart 2, item D, adopted under Minnesota Statutes 1992,
sections 103F.201 to 103F.221, Otter Tail county may allow the
sale or transfer, as a separate parcel, of a lot within
shoreland, as defined in Minnesota Statutes, section 103F.205,
subdivision 4, that:
(1) is one of a group of two or more contiguous lots that
have been under the same common ownership since February 4,
1992; and
(2) does not meet the requirements of Minnesota Rules, part
6120.3300, subpart 2, items A to E, and subparts 2a and 2b.
(b) Before a contiguous lot is sold under the authority
granted in this section, the seller shall inform the buyer in
writing of the extent to which the lot does not meet the
requirements of Minnesota Rules, part 6120.3300, subpart 2,
items A to E, and subparts 2a and 2b.
(c) This section is repealed effective July 1, 1994.
Sec. 20. [REPORTS.]
Subdivision 1. [PRIVATE FOREST MANAGEMENT ASSISTANCE
PROGRAM.] The commissioner of natural resources shall track the
financial effects of changes occurring in department policy on
the private forest management assistance program. The
commissioner shall review any regional differences, and the cost
and types of services provided by the division of forestry
timber appraisers. The commissioner shall report by February
15, 1994, and February 15, 1995, to the house environment and
natural resources finance committee and the senate environment
and natural resources finance division.
Subd. 2. [NATIVE PLANTINGS ON PUBLIC LANDS; REPORT.] The
commissioner of natural resources shall, in cooperation with
other state agencies and interested persons, propose a plan to
increase the amount of native plantings on public lands. The
commissioner shall submit the plan to the environment and
natural resources committees of the legislature by February 15,
1994.
Sec. 21. [EFFECTIVE DATE.]
This act is effective the day following final enactment,
except that sections 16 and 17 are effective August 1, 1993, and
do not apply to purchase agreements executed before that date.
Presented to the governor May 15, 1993
Signed by the governor May 19, 1993, 10:37 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes