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 FLOWAGEEASEMENTS.] (a) Notwithstanding section 92.45, the commissioner of natural resources may, in the name of the state, release a flowageall or part of an easement acquired by the state toupon application of a landowner whose property is burdened with the flowageeasement if the flowageeasement is not needed for state purposes. (b) The entire, or a portion of a, flowageAll or part of an easement may be released by payment of consideration in an amountof not less than $500, to be determined by the commissioner. The conveyancerelease must be by quitclaim deedin a form approved by the attorney general. (c) Money received for release of the flowageeasement shall be deposited inmust be credited to the account from which money was expended for purchase of the flowageeasement. 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 549.09of 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 lawa 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 recordon 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 549.0992.06, 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. Eachappraiser 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 countyat 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 first1 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 boardcredited 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.