Minnesota Session Laws - 1995, Regular Session

                            CHAPTER 83-S.F.No. 1023 
                  An act relating to public lands; notice requirements 
                  for sales of tax-forfeited lands; leasing of 
                  tax-forfeited lands; roads used by counties on 
                  tax-forfeited lands; amending Minnesota Statutes 1994, 
                  sections 282.02; and 282.04, subdivision 1, and by 
                  adding a subdivision. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1994, section 282.02, is 
        amended to read: 
           282.02 [LIST OF LANDS FOR SALE; NOTICE.] 
           Immediately after classification and appraisal of the land, 
        and after approval by the commissioner of natural resources when 
        required pursuant to section 282.01, subdivision 3, the county 
        board shall provide and file with the county auditor a list of 
        parcels of land to be offered for sale.  This list shall contain 
        a description of the parcels of land and the appraised value 
        thereof.  The auditor shall publish a notice of the intended 
        public sale of such parcels of land and a copy of the resolution 
        of the county board fixing the terms of the sale, if other than 
        for cash only, by publication once a week for two weeks in the 
        official newspaper of the county, the last publication to be not 
        less than ten days previous to the commencement of the sale.  
           The notice shall include the parcel's description and 
        appraised value.  The notice shall also indicate the amount of 
        any special assessments which may be the subject of a 
        reassessment or new assessment or which may result in the 
        imposition of a fee or charge pursuant to sections 429.071, 
        subdivision 4, 435.23, and 444.076.  The county auditor shall 
        also mail notice to the owners of land adjoining the parcel to 
        be sold and to the owners of platted or unplatted land whose 
        boundaries are within 300 feet of the boundaries of a parcel 
        offered for sale having an appraised value of $1,000 or more.  
        For purposes of this section, "owner" means the taxpayer as 
        listed in the records of the county auditor.  
           If the county board of St. Louis or Koochiching counties 
        determines that the sale shall take place in a county facility 
        other than the courthouse, the notice shall specify the facility 
        and its location. 
           Sec. 2.  Minnesota Statutes 1994, section 282.04, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [TIMBER SALES; LAND LEASES AND USES.] The 
        county auditor may sell timber upon any tract that may be 
        approved by the natural resources commissioner.  Such sale of 
        timber shall be made for cash at not less than the appraised 
        value determined by the county board to the highest bidder after 
        not less than one week's published notice in an official paper 
        within the county.  Any timber offered at such public sale and 
        not sold may thereafter be sold at private sale by the county 
        auditor at not less than the appraised value thereof, until such 
        time as the county board may withdraw such timber from sale.  
        The appraised value of the timber and the forestry practices to 
        be followed in the cutting of said timber shall be approved by 
        the commissioner of natural resources.  Payment of the full sale 
        price of all timber sold on tax-forfeited lands shall be made in 
        cash at the time of the timber sale, except in the case of oral 
        or sealed bid auction sales, the down payment shall be 25 
        percent of the appraised value, and the balance shall be paid 
        prior to entry.  In the case of auction sales that are 
        partitioned and sold as a single sale with predetermined cutting 
        blocks, the down payment shall be 25 percent of the appraised 
        price of the entire timber sale which may be held until the 
        satisfactory completion of the sale or applied in whole or in 
        part to the final cutting block.  The value of each separate 
        block must be paid in full before any cutting may begin in that 
        block.  With the permission of the county administrator the 
        purchaser may enter unpaid blocks and cut necessary timber 
        incidental to developing logging roads as may be needed to log 
        other blocks provided that no timber may be removed from an 
        unpaid block until separately scaled and paid for.  The county 
        board may require final settlement on the basis of a scale of 
        cut products.  Any parcels of land from which timber is to be 
        sold by scale of cut products shall be so designated in the 
        published notice of sale above mentioned, in which case the 
        notice shall contain a description of such parcels, a statement 
        of the estimated quantity of each species of timber thereon and 
        the appraised price of each specie of timber for 1,000 feet, per 
        cord or per piece, as the case may be.  In such cases any bids 
        offered over and above the appraised prices shall be by 
        percentage, the percent bid to be added to the appraised price 
        of each of the different species of timber advertised on the 
        land.  The purchaser of timber from such parcels shall pay in 
        cash at the time of sale at the rate bid for all of the timber 
        shown in the notice of sale as estimated to be standing on the 
        land, and in addition shall pay at the same rate for any 
        additional amounts which the final scale shows to have been cut 
        or was available for cutting on the land at the time of sale 
        under the terms of such sale.  Where the final scale of cut 
        products shows that less timber was cut or was available for 
        cutting under terms of such sale than was originally paid for, 
        the excess payment shall be refunded from the forfeited tax sale 
        fund upon the claim of the purchaser, to be audited and allowed 
        by the county board as in case of other claims against the 
        county.  No timber, except hardwood pulpwood, may be removed 
        from such parcels of land or other designated landings until 
        scaled by a person or persons designated by the county board and 
        approved by the commissioner of natural resources.  Landings 
        other than the parcel of land from which timber is cut may be 
        designated for scaling by the county board by written agreement 
        with the purchaser of the timber.  The county board may, by 
        written agreement with the purchaser and with a consumer 
        designated by the purchaser when the timber is sold by the 
        county auditor, and with the approval of the commissioner of 
        natural resources, accept the consumer's scale of cut products 
        delivered at the consumer's landing.  No timber shall be removed 
        until fully paid for in cash.  Small amounts of timber not 
        exceeding $3,000 in appraised valuation may be sold for not less 
        than the full appraised value at private sale to individual 
        persons without first publishing notice of sale or calling for 
        bids, provided that in case of such sale involving a total 
        appraised value of more than $200 the sale shall be made subject 
        to final settlement on the basis of a scale of cut products in 
        the manner above provided and not more than two such sales, 
        directly or indirectly to any individual shall be in effect at 
        one time. 
           As directed by the county board, the county auditor may 
        lease tax-forfeited land to individuals, corporations or 
        organized subdivisions of the state at public or private vendue, 
        and at such prices and under such terms as the county board may 
        prescribe, for use as cottage and camp sites and for 
        agricultural purposes and for the purpose of taking and removing 
        of hay, stumpage, sand, gravel, clay, rock, marl, and black dirt 
        therefrom, and for garden sites and other temporary uses 
        provided that no leases shall be for a period to exceed ten 
        years; provided, further that any leases involving a 
        consideration of more than $300 $1,500 per year, except to an 
        organized subdivision of the state shall first be offered at 
        public sale in the manner provided herein for sale of timber.  
        Upon the sale of any such leased land, it shall remain subject 
        to the lease for not to exceed one year from the beginning of 
        the term of the lease.  Any rent paid by the lessee for the 
        portion of the term cut off by such cancellation shall be 
        refunded from the forfeited tax sale fund upon the claim of the 
        lessee, to be audited and allowed by the county board as in case 
        of other claims against the county. 
           The county auditor, with the approval of the county board 
        is authorized to grant permits, licenses, and leases to 
        tax-forfeited lands for the depositing of stripping, lean ores, 
        tailings, or waste products from mines or ore milling plants, 
        upon such conditions and for such consideration and for such 
        period of time, not exceeding 15 years, as the county board may 
        determine; said permits, licenses, or leases to be subject to 
        approval by the commissioner of natural resources. 
           Any person who removes any timber from tax-forfeited land 
        before said timber has been scaled and fully paid for as 
        provided in this subdivision is guilty of a misdemeanor. 
           The county auditor may, with the approval of the county 
        board, and without first offering at public sale, grant leases, 
        for a term not exceeding 25 years, for the removal of peat from 
        tax-forfeited lands upon such terms and conditions as the county 
        board may prescribe.  Any lease for the removal of peat from 
        tax-forfeited lands must first be reviewed and approved by the 
        commissioner of natural resources if the lease covers 320 or 
        more acres.  No lease for the removal of peat shall be made by 
        the county auditor pursuant to this section without first 
        holding a public hearing on the auditor's intention to lease.  
        One printed notice in a legal newspaper in the county at least 
        ten days before the hearing, and posted notice in the courthouse 
        at least 20 days before the hearing shall be given of the 
        hearing. 
           Sec. 3.  Minnesota Statutes 1994, section 282.04, is 
        amended by adding a subdivision to read: 
           Subd. 5.  [COUNTY NOT A ROAD AUTHORITY FOR ROADS USED FOR 
        MANAGING CERTAIN TAX-FORFEITED LANDS.] Notwithstanding section 
        160.02, subdivision 9, a county is not a road authority under 
        section 160.05 with respect to a road constructed, acquired, 
        maintained, or administered by the county for the purpose of 
        managing tax-forfeited lands that have been classified as 
        conservation lands under this chapter. 
           Presented to the governor April 20, 1995 
           Signed by the governor April 21, 1995, 2:00 p.m.