Minnesota Session Laws - 1994, Regular Session

                            CHAPTER 579-H.F.No. 2623 
                  An act relating to state lands; authorizing private 
                  sale of certain tax-forfeited land that borders public 
                  water in Itasca county; authorizing conveyance of 
                  state land to the city of Walker and to the Leech Lake 
                  Band of Chippewa Indians; authorizing an exchange of 
                  state land for land owned by the city of Bemidji; 
                  authorizing private sales of certain lands in St. 
                  Louis county; amending Laws 1992, chapter 370, section 
                  2. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  [SALE OF TAX-FORFEITED LAND; ITASCA COUNTY.] 
           (a) Notwithstanding Minnesota Statutes, sections 92.45 and 
        282.018, subdivision 1, and the public sale provisions of 
        Minnesota Statutes, chapter 282, Itasca county may sell by 
        private sale for not less than the appraised value the 
        tax-forfeited land 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. 
           (c) The land that may be conveyed is located in Grattan 
        township in Itasca county, in Section 6, Township 150 North, 
        Range 27, consists of approximately 1.6 acres more or less, and 
        is described as:  
           "Commencing at the northwest corner of said Government Lot 
           6; thence along the west line of said Government Lot 6 on 
           an assigned bearing of south 00 degrees 35 minutes 23 
           seconds west, 917.64 feet to the intersection with the 
           original government meander line of 1882 and the actual 
           point of beginning; thence continuing south 00 degrees 35 
           minutes 23 seconds west, 252.20 feet, thence south 51 
           degrees 52 minutes 43 seconds west 353 feet more or less to 
           the water's edge of Moose Lake; thence northwesterly along 
           said water's edge 200 feet more or less to intersect a line 
           which bears south 51 degrees 52 minutes 43 seconds west 
           from the actual point of beginning; thence north 51 degrees 
           52 minutes 43 seconds east 482 feet more or less to the 
           point of beginning;" 
        subject to the survey and monumentation to be set and the proper 
        execution and recording of a boundary line agreement between the 
        parties to effectuate a settlement. 
           (d) The county has determined that the lands described in 
        paragraph (c) should be returned to private ownership to 
        effectuate the terms of settlement of a boundary line dispute. 
           Sec. 2.  Laws 1992, chapter 370, section 2, is amended to 
        read: 
           Sec. 2.  [LAKE WINNIBOGOSHISH FISH HATCHERY; SALE TO THE 
        UNITED STATES OF AMERICA, IN TRUST FOR THE MINNESOTA LEECH LAKE 
        BAND OF CHIPPEWA TRIBE INDIANS.] 
           (a) Notwithstanding Minnesota Statutes, sections 92.45 and 
        94.09 to 94.16, the commissioner of natural resources may sell, 
        at private sale, land and related improvements located in Cass 
        county and described in this section to the United States of 
        America, in trust for the Minnesota Leech Lake Band of Chippewa 
        Tribe Indians, for use for fish propagation purposes. 
           (b) The conveyance must be in a form approved by the 
        attorney general.  The consideration may be for less than the 
        appraised value of the land and improvements thereon, as 
        determined by the commissioner of natural resources.  The 
        proceeds from the sale must be credited to the game and fish 
        fund.  The state shall reserve minerals and mineral rights in 
        the conveyance.  A conservation easement need not be retained 
        under Minnesota Statutes, section 103F.535. 
           (c) The land, including related improvements, which may be 
        conveyed is land that the state acquired by eminent domain in 
        1949 for fish-rearing ponds, fish hatchery, and related 
        purposes, and that included the former channel of the 
        Mississippi river.  The land and related improvements are no 
        longer used or needed for these purposes.  The land is located 
        in Cass county, in Sections 25 and 36 of Township 146 North, 
        Range 27 West, and is described as: 
           (1) that portion of Section 25, that was formerly the bed 
        of the Mississippi river, described as follows:  
           Beginning at meander corner No. 12 at the intersection of 
           the government meander line on the right bank of the 
           Mississippi river and the South line of said Section 25; 
           thence northwesterly along said government meander line on 
           the right bank of the Mississippi river to the intersection 
           with a line running parallel to and 150 feet southerly of 
           the center line of State Aid Road No. 9; thence 
           northeasterly along last described line to the right bank 
           of the Mississippi river as reconstructed and improved; 
           thence in a southeasterly direction along the right bank of 
           the Mississippi river as reconstructed and improved, to the 
           intersection with the South line of Section 25; thence West 
           along the South line of Section 25 to the point of 
           beginning; containing 15.52 acres, more or less; and 
           (2) that portion of Section 36 that was the former bed of 
        the Mississippi river, more fully described as follows:  
           Beginning at the meander corner on the North line of 
           Section 36 and right bank of the Mississippi river; thence 
           easterly along said section line to the right bank of the 
           Mississippi river, as reconstructed and improved; thence in 
           a southeasterly direction along the right bank of the said 
           Mississippi river as reconstructed and improved, to the 
           intersection with a line which is 2,000 feet South and 
           parallel to the North line of Section 36; thence westerly 
           along last described line to the intersection with the 
           meander line of the right bank of the Mississippi river; 
           thence westerly and northerly along the meander line of the 
           right bank of the Mississippi river to point of beginning; 
           containing 68.02 acres, more or less. 
           Sec. 3.  [SALE OF STATE LAND TO CITY OF WALKER.] 
           (a) Notwithstanding Minnesota Statutes, sections 94.09 to 
        94.16, the commissioner of administration shall convey to the 
        city of Walker for no consideration the land 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 ceases to be used for a public purpose. 
           (c) The land that must be conveyed consists of 
        approximately 1.37 acres in Cass county and is described as: 
           That part of Government Lot 6, Section 2, Township 141 
        North, Range 31 West, Cass County, Minnesota, lying westerly of 
        the following described line:  Commencing at the Northwest 
        corner of said Government Lot 6; thence South 87 degrees 20 
        minutes 26 seconds East, assumed bearing along the north line 
        thereof 1000.04 feet to the point of beginning of the line to be 
        herein described; thence South 3 degrees 11 minutes 22 seconds 
        West 351.14 feet; thence South 41 degrees 13 minutes 44 seconds 
        East 1318.68 feet to a point on the south line of said 
        Government Lot 6, distant 1588.35 feet easterly of the Southwest 
        corner of said Government Lot 6 and said line there terminating. 
           (d) The city wishes to acquire the land for renovation of a 
        sewage treatment pond.  The conveyance would also resolve a 
        problem with encroachment of one of the city's existing sewage 
        treatment ponds on state land. 
           Sec. 4.  [EXCHANGE OF STATE LAND; BEMIDJI STATE UNIVERSITY 
        AND CITY OF BEMIDJI.] 
           (a) Notwithstanding Minnesota Statutes, sections 94.341 to 
        94.349, and subject to the approval of the land exchange board, 
        the state shall exchange the Bemidji state university property 
        described in paragraph (c) for the property of the city of 
        Bemidji described in paragraph (d), without delay.  
           (b) The exchange must be in a form approved by the attorney 
        general after the attorney general has determined, in the manner 
        provided in Minnesota Statutes, section 94.343, subdivision 9, 
        that the title to the land proposed to be conveyed to the state 
        is good and marketable.  The land the state receives must be 
        substantially equal in value to the state land exchanged, as 
        provided in Minnesota Statutes, section 94.343, subdivision 3, 
        and any deficiency in value must be paid to the state. 
           (c) The state property to be exchanged is located in 
        Beltrami county and is described as follows: 
           Parcel B.  That part of Lot 5, Block 1, Omichs Second 
        Addition to Bemidji described as follows: 
           Commencing at the Northwest corner of Lot 5; thence East 
        along the North line of Lot 5 a distance of 63.83 feet to the 
        actual point of beginning; thence continuing East along said 
        North line of Lot 5 a distance of 101.17 feet to a point which 
        is the Northeast corner of the West one-half (1/2) of Lot 5; 
        thence South along the East line of the West one-half (1/2) of 
        Lot 5 a distance of 70.78 feet; thence deflecting Northwesterly 
        to the right 126 degrees on a bearing of North 54 degrees West a 
        distance of 94.15 feet; thence continuing Northwesterly along a 
        curve concave to the left, having a radius of 243 feet and a 
        cord bearing of North 58 degrees 18 minutes 13 seconds West with 
        a cord distance of 29.39 feet, to the point of beginning; 
        containing .14 acres, more or less. 
           (d) The land to be received by the state in the exchange is 
        located in Beltrami county and is described as follows: 
           Parcel A.  That part of Lot 4 and Lot 7, Block 1, Omichs 
        Second Addition to Bemidji described as follows: 
           Commencing at the Southeast corner of Lot 7; thence West 
        along the South line of Lot 7 a distance of 240.00 feet; thence 
        North along a line drawn at right angles to the South line of 
        Lot 7 a distance of 31.08 feet; thence East along a line drawn 
        at right angles to the last described course and parallel with 
        the South line of Lot 7 a distance of 186.02 feet; thence 
        Southeasterly along a curve concave to the right, having a 
        radius of 243.00 feet and a cord bearing of South 75 degrees 12 
        minutes 36 seconds East with a cord distance of 121.75 feet to a 
        point on the South line of Lot 4, thence West along the South 
        line of Lot 4 a distance of 63.83 feet to the point of 
        beginning; 
        containing .19 acres, more or less. 
           (e)  As part of state aid project no. 105-121-01, the city 
        of Bemidji is realigning a portion of municipal street 
        right-of-way designated as 23rd Street NE, and the property 
        described in paragraph (c) is needed to accomplish the 
        relocation.  The city and Bemidji state university have 
        determined that the exchange would be mutually beneficial. 
           Sec. 5.  [PRIVATE SALE OF TAX-FORFEITED LAND TO BOIS FORTE 
        RESERVATION TRIBAL COUNCIL.] 
           (a) Notwithstanding the public sale provisions of Minnesota 
        Statutes, chapter 282, St. Louis county may convey by private 
        sale to the Bois Forte reservation tribal council the 
        tax-forfeited land 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 conveyed is located in St. Louis 
        county and is described as: 
           (1) SW 1/4 of NW 1/4, Section 27, Township 62, Range 16W 
        (387-10-2830), consisting of 40 acres; 
           (2) NE 1/4 of NE 1/4, except two acres at the NE corner, 
        Section 19, Township 65, Range 21W (760-40-470), consisting of 
        38 acres; and 
           (3) beginning at NE corner of the NE 1/4 of NE 1/4, thence 
        running west 490 feet, thence south 178 feet, thence east 490 
        feet, thence north 178 feet to the point of beginning, Section 
        19, Township 65, Range 21W (760-40-480), consisting of 2 acres. 
           (d) The land to be conveyed is located within the Bois 
        Forte reservation.  The Bois Forte reservation tribal council 
        plans to use the land for economic development and for 
        construction of sewage treatment facilities. 
           Sec. 6.  [SALE OF CERTAIN LAND IN ST. LOUIS COUNTY.] 
           Notwithstanding any other law to the contrary, St. Louis 
        county, on behalf of the state, shall convey by private sale the 
        state-owned land described in this section. 
           The land described shall be sold by private sale to Gerald 
        Lawson.  The conveyance must be in a form approved by the 
        attorney general for a consideration equal to the delinquent 
        taxes, penalties, and interest remaining unpaid on the property. 
           The land to be sold is located in St. Louis county, and is 
        described as lots 19, 20, and 21, block 5, of the altered plat 
        of the London Park addition to Duluth. 
           The property was previously owned by Mr. Lawson, having 
        been conveyed to him by his mother.  While Mr. Lawson had 
        entered into a repurchase agreement under Minnesota Statutes, 
        sections 282.241 to 282.324, after the property had forfeited to 
        the state for nonpayment of property taxes, he defaulted on a 
        payment required under that law, and the repurchase was canceled.
           Sec. 7.  [EFFECTIVE DATE.] 
           Sections 1 to 6 are effective the day following final 
        enactment. 
           Presented to the governor May 4, 1994 
           Signed by the governor May 6, 1994, 11:30 a.m.