Key: (1) language to be deleted (2) new language
Laws of Minnesota 1993
CHAPTER 267-S.F.No. 413
An act relating to state lands; authorizing the sale
of certain tax-forfeited lands that border public
water in St. Louis county; authorizing the conveyance
of certain Willmar regional treatment center land to
Kandiyohi county.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. [SALE OF TAX-FORFEITED LAND TO THE CITY OF
BABBITT; ST. LOUIS COUNTY.]
(a) Notwithstanding Minnesota Statutes, sections 92.45 and
282.018, subdivision 1, and the public sale provisions of
Minnesota Statutes, chapter 282, St. Louis county may convey to
the city of Babbitt for no consideration the tax-forfeited land
bordering public water that is described in paragraph (c).
(b) The conveyance must be in a form approved by the
attorney general and must provide that the land reverts to the
state if it is not used for the purpose in paragraph (d).
(c) The land that may be conveyed is located on Hay Lake in
St. Louis county, consists of about 40 acres, and is described
as the South half of the Northwest Quarter, Section 2, Township
60 North, Range 13 West (Tax parcels 105-80-230 and
105-80-240). The commissioner of revenue, pursuant to Minnesota
Statutes, section 282.37, shall grant and convey to the
commissioner of natural resources a permanent easement to Hay
Lake for public access and for fisheries and wildlife management
across the western 100 feet of the SW 1/4 of the NW 1/4 of
Section 2.
(d) The county has determined that the land is needed for a
water treatment plant for Babbitt.
Sec. 2. [PUBLIC SALE OF TAX-FORFEITED LAND BORDERING ON
PUBLIC WATERS; ST. LOUIS COUNTY.]
Subdivision 1. [SALE REQUIREMENTS.] (a) Notwithstanding
Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
St. Louis county may sell the tax-forfeited lands bordering
public water that are described in subdivision 2, under the
remaining provisions of Minnesota Statutes, chapter 282.
(b) The conveyance must be in a form approved by the
attorney general.
(c) The county has determined that the county's land
management interests would best be served if the lands were
returned to private ownership.
(d) When a parcel of land is sold under this section, and
where the description in subdivision 2 includes a requirement
for a fisheries management easement, the commissioner of
revenue, pursuant to Minnesota Statutes, section 282.37, shall
grant and convey to the commissioner of natural resources a
permanent fisheries easement over and across each parcel of
tax-forfeited land that is sold for the purposes of providing
public access to and improvements of fisheries habitat along and
within the water located on the land. These easements must
include the bed of the water and, if the water body is a stream,
a strip of land no wider than will be enclosed between the top
edge of the stream bank and a line parallel to the top edge and
66 feet distant from the top edge, on each side of the stream,
except that employees of the state shall be permitted to
approach the stream at any point over the property described in
the parcel, compatible with current use, using established
routes whenever feasible. If the water body is a lake, the
easement must include the bed of the lake and a strip of land no
wider than will be enclosed between the ordinary low water level
and a line parallel to the low water level and 66 feet distant
from the low water level, except that employees of the state
shall be permitted to approach the water body at any point
described in the parcel, compatible with current use, using
established routes whenever feasible.
Subd. 2. [DESCRIPTIONS.] The parcels of land that may be
conveyed are located in St. Louis county and, as set forth in
each of the following clauses, are designated by the
tax-forfeited land parcel number contained within the
parentheses, are legally described as specified, and are located
on the water body named.
(1) (530-10-1510) SW 1/4 of SW 1/4, Sec. 8, Twp. 50 N.,
Rge. 16 W. Located on White Pine River. Fisheries management
easement required;
(2) (365-10-4040) NW 1/4 of NE 1/4 except 11-18/100ths
acres and subject to flowage rights, Sec. 23, Twp. 52 N., Rge.
15 W. Located on Island Lake;
(3) (290-10-1440) SE 1/4 of NE 1/4, Sec. 9, Twp. 57 N.,
Rge. 19 W. Located on an unnamed ditch;
(4) (759-50-190 and 759-50-220) NE 1/4 of NW 1/4 and SE 1/4
of NW 1/4, Sec. 22, Twp. 64 N., Rge. 21 W. Located on Prairie
Creek;
(5) (10-1750-250 and 10-1750-260) Lots 25 and 26, Fond du
Lac Water Street, Duluth. Located on St. Louis River.
Fisheries management easement required;
(6) (10-1840-1400) Glen Avon Second Division of Duluth, Lot
5 including vacated Waverly Ave. except that part North of
Tischer Creek, Blk. 35. Located on Tischer Creek. Fisheries
management easement required;
(7) (139-20-4043) S 1/2 of N 1/2 of N 1/2 of SW 1/4 of NW
1/4, Sec. 29, Twp. 57 N., Rge. 20 W. Located on a tributary of
East Swan River. Fisheries management easement required;
(8) (175-71-5070) North 495 feet of SW 1/4 of NW 1/4, Sec.
34, Twp. 58 N., Rge. 18 W. Located on East Two Rivers River.
Fisheries management easement required;
(9) (395-10-4300 and 395-10-4310) E 1/2 of NE 1/4 of SW 1/4
and W 1/2 of NE 1/4 of SW 1/4, Sec. 15, Twp. 50 N., Rge. 15 W.
Located on a feeder stream for the Rocky Run Creek. Fisheries
management easement required;
(10) (450-10-3760) Part of NW 1/4 of SW 1/4, Sec. 21, Twp.
49 N., Rge. 15 W. Located on Stewart Creek. Fisheries
management easement required;
(11) (485-10-4240, 485-10-4245, 485-10-4250, 485-10-4260,
485-10-4330, 485-10-4390, and 485-10-4400) W 1/2 of NW 1/4 of NE
1/4 except West 100 feet of North 412 feet and except the East
50 feet; West 100 feet of North 412 feet of NW 1/4 of NE 1/4;
North 15 acres of W 1/2 of SW 1/4 of NE 1/4; S 1/2 of SW 1/4 of
SW 1/4 of NE 1/4; NE 1/4 of SW 1/4; NW 1/4 of SE 1/4; SW 1/4 of
SE 1/4; Sec. 26, Twp. 52 N., Rge. 13 W. Located on a feeder
stream for the French River. Fisheries management easement
required;
(12) (415-10-4730, 415-10-4790, 415-10-4830, 415-10-4870,
and 415-10-4880) NE 1/4 of SW 1/4, E 1/2 of SW 1/4 of SW 1/4 and
W 1/2 of SE 1/4 of SW 1/4, E 1/2 of SE 1/4 of SW 1/4, NW 1/4 of
SE 1/4, SW 1/4 of SE 1/4, Sec. 18, Twp. 51 N., Rge. 13 W.
Located on a feeder creek for the Lester River. Fisheries
management easement required;
(13) (315-10-1900) E 1/2 of NE 1/4 of NW 1/4 except
railroad and highway right-of-way, Sec. 17, Twp. 51 N., Rge. 12
W. Located on Schmidt Creek. Fisheries management easement
required;
(14) (415-10-4280) W. 10 acres of the NE 1/4 of NE 1/4, N.
of Lester River, except Northerly 5 acres, Sec. 17, Twp. 51 N.,
Rge. 13 W., 3.9 acres. Located on Lester River. Fisheries
management easement required;
(15) (415-10-4290) NW 1/4 of NE 1/4 except N 1/2, Sec. 17,
Twp. 51 N., Rge. 13 W. Located on Lester River. Fisheries
management easement required;
(16) (415-10-4285) W. 10 acres of NE 1/4 of NE 1/4, lying
S. of Lester River, Sec. 17, Twp. 51 N., Rge. 13 W. Located on
Lester River. Fisheries management easement required;
(17) (520-11-990) Part of SW 1/4 of SE 1/4, Sec. 7, Twp. 51
N., Rge. 14 W. Located on the outlet stream from West Rice Lake.
Fisheries management easement required;
(18) (520-16-1770) S 1/2 of S 1/2 of S 1/2 of NW 1/4 of NW
1/4, Sec. 24, Twp. 51 N., Rge. 14 W. Located on the East Branch
of Amity Creek. Fisheries management easement required;
(19) (520-16-2030) S 1/2 of S 1/2 of SE 1/4 of SW 1/4, Sec.
24, Twp. 51 N., Rge. 14 W. Located on the East Branch of Amity
Creek. Fisheries management easement required;
(20) (520-16-2280) W 1/2 of NW 1/4 of NE 1/4 of NW 1/4,
Sec. 25, Twp. 51 N., Rge. 14 W. Located on the East Branch of
Amity Creek. Fisheries management easement required;
(21) (520-16-3460) E 1/2 of SE 1/4 of SE 1/4 of NW 1/4,
Sec. 27, Twp. 51 N., Rge. 14 W. Located on Amity Creek.
Fisheries management easement required;
(22) (520-16-3500) E 1/2 of NW 1/4 of SE 1/4 of NW 1/4
except Westerly 25 feet, Sec. 27, Twp. 51 N., Rge. 14 W.
Located on Amity Creek. Fisheries management easement required;
(23) (520-16-3960) S 1/2 of SW 1/4 of NE 1/4 of SE 1/4,
Sec. 27, Twp. 51 N., Rge. 14 W. Located on Amity Creek.
Fisheries management easement required;
(24) (375-10-4990) W 1/2 of NW 1/4, west of Hwy., Sec. 26,
Twp. 52 N., Rge. 14 W. Located on Lester River. Fisheries
management easement required;
(25) (375-10-6160) S 1/2 of SW 1/4 of SW 1/4, except the
Westerly 15 acres, Sec. 31, Twp. 52 N., Rge. 14 W. Located on
an outlet stream from Fish Lake Reservoir. Fisheries management
easement required;
(26) (285-10-3900) NE 1/4 of NW 1/4, except that part West
of road, Sec. 25, Twp. 53 N., Rge. 21 W. Located on Juola Creek.
Fisheries management easement required;
(27) (105-80-230 and 105-80-240) SW 1/4 of NW 1/4 and SE
1/4 of NW 1/4, Sec. 2, Twp. 60 N., Rge. 13 W. Located on Hay
Lake. Fisheries management easement required;
(28) (141-10-930) SW 1/4 of SE 1/4 except railroad
right-of-way of the West 1-55/100ths acres, Sec. 5, Twp. 56 N.,
Rge. 20 W. Located on Little Swan River. Fisheries management
easement required;
(29) (141-10-850) Government Lot 10 (SW 1/4 of NW 1/4),
Sec. 5, Twp. 56 N., Rge. 20 W. Located on Little Swan River.
Fisheries management easement required;
(30) (141-10-4540) NW 1/4 of NW 1/4, Sec. 26, Twp. 56 N.,
Rge. 20 W. Located on Little Swan River. Fisheries management
easement required;
(31) (141-30-380) E 1/2 of SE 1/4 of SE 1/4, except the
abandoned railroad right-of-way, Sec. 34, Twp. 58 N., Rge. 20
W. Located on Swan River. Fisheries management easement
required;
(32) (141-10-4390) SE 1/4 of NW 1/4, Sec. 25, Twp. 56 N.,
Rge. 20 W. Located on Swan River. Fisheries management
easement required;
(33) (290-30-180) Lot 4, Block 4, of Rearrangement of
McQuade Lake Summer Homesites Plat, Sec. 17, Twp. 57 N., Rge. 19
W. Located on McQuade Lake. Fisheries management easement
required; and
(34) (570-12-4420) NW 1/4 of SW 1/4, Sec. 32, Twp. 57 N.,
Rge. 15 W. Located on Mud Hen Creek. Fisheries management
easement required.
Sec. 3. [WILLMAR REGIONAL TREATMENT CENTER; LAND
CONVEYANCE.]
(a) The commissioner of administration may convey, by quit
claim deed in a form approved by the attorney general, to the
county of Kandiyohi, those certain tracts of land owned by the
state in connection with the ownership and operation of the
Willmar regional treatment center. The conveyance must provide
that the land reverts to the state if it is not used for the
purpose set forth in paragraph (c).
(b) Tracts to be conveyed are located in Kandiyohi county
and are described as:
(1) Tract A: The Northeast Quarter of the Northwest
Quarter and the Southeast Quarter of the Northwest Quarter
all in Section 1, Township 119, Range 35, lying Westerly of
U.S.T.H. No. 71 and S.T.H. No. 23 Bypass, and Easterly of
U.S.T.H. No. 71 & S.T.H. No. 23, and Northeasterly of
S.T.H. No. 294, EXCEPT the South 200.00 feet of the
Southeast Quarter of the Northwest Quarter thereof.
(2) Tract B: The South 200.00 feet of the Southeast
Quarter of the Northwest Quarter, and the North 760.00 feet
of Government Lot 2, and the North 760.00 feet of the
Northwest Quarter of the Southeast Quarter, all in Section
1, Township 119, Range 35, lying Westerly of U.S.T.H. No.
71 & S.T.H. No. 23 Bypass, and Easterly of S.T.H. No. 294.
(c) The described tracts are not required by the state for
operation of the Willmar regional treatment center and are
desired by Kandiyohi county for construction of a human services
building and a future law enforcement center. Construction of
the county facilities in close proximity to existing treatment
center facilities would enable state and county sharing of
services such as maintenance, food services, and central
heating, resulting in efficiencies of operation and financial
savings to both the state and the county.
Sec. 4. [EFFECTIVE DATE.]
Sections 1 to 3 are effective the day following final
enactment.
Presented to the governor May 15, 1993
Signed by the governor May 19, 1993, 8:28 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes