Office of the Revisor of Statutes
Minnesota Session Laws - 2001, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 206-H.F.No. 1497
An act relating to natural resources; exempting
certain charges from legislative approval; modifying
certain provisions for taking small game; modifying
terms for certain lakeshore land exchanges to include
leased farmed wild rice lands; authorizing public and
private sales of certain state lands in Lake county;
authorizing conveyance of certain surplus state land
in Mower county; adding to a state forest; adding to
and creating wildlife management areas; authorizing
the private conveyance of consolidated conservation
land in Aitkin county; authorizing a land transfer for
North Hennepin community college; providing for an
exchange of land by the city of Bird Island; amending
Minnesota Statutes 2000, sections 16A.1283; 97B.603;
97B.901; Laws 1998, chapter 389, article 16, section
31, subdivision 2, as amended.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 2000, section 16A.1283, is
amended to read:
16A.1283 [LEGISLATIVE APPROVAL REQUIRED.]
(a) Notwithstanding any law to the contrary, an executive
branch state agency may not impose a new fee or increase an
existing fee unless the new fee or increase is approved by law.
For purposes of this section, a fee is any charge for goods,
services, regulation, or licensure, and, notwithstanding
paragraph (b), clause (3), includes charges for admission to or
for use of public facilities owned by the state.
(b) This section does not apply to:
(1) charges billed within or between state agencies, or
billed to federal agencies;
(2) the Minnesota state colleges and universities system;
or
(3) charges for goods and services provided for the direct
and primary use of a private individual, business, or other
entity; or
(4) charges that authorize use of state-owned lands and
minerals administered by the commissioner of natural resources
by the issuance of leases, easements, cooperative farming
agreements, and land and water crossing licenses and charges for
sales of state-owned lands administered by the commissioner of
natural resources.
(c) An executive branch agency may reduce a fee that was
set by rule before the effective date of this section without
legislative approval. Chapter 14 does not apply to fee
reductions under this paragraph.
Sec. 2. Minnesota Statutes 2000, section 97B.603, is
amended to read:
97B.603 [TAKING SMALL GAME AS A PARTY HUNTING.]
While two or more persons are hunting taking small game as
a party and maintaining unaided visual and vocal contact, a
member of the party may take and possess more than one limit of
small game, but the total number of small game taken and
possessed by the party may not exceed the limit of the number of
persons in the party that may take and possess small game. This
section does not apply to the hunting of migratory game birds or
turkeys, except that a licensed turkey hunter may assist another
licensed turkey hunter for the same zone and time period as long
as the hunter does not shoot or tag a turkey for the other
hunter.
Sec. 3. Minnesota Statutes 2000, section 97B.901, is
amended to read:
97B.901 [COMMISSIONER MAY REQUIRE TAGS ON REGISTRATION AND
TAGGING OF FUR-BEARING ANIMALS.]
(a) The commissioner may, by rule, require persons taking,
possessing, and transporting fur-bearing animals to tag the
animals. The commissioner shall prescribe the manner of
issuance and the type of tag, which must show the year of
issuance. The commissioner shall issue the tag, without a fee,
upon request.
(b) The pelt of each bobcat, fisher, pine marten, and otter
must be presented, by the person taking it, to a state wildlife
manager designee for registration before the pelt is sold and
before the pelt is transported out of the state, but in no event
more than 48 hours after the season closes for the species.
Until March 1, 2003, a possession or site tag is not required
prior to registration of the fisher, pine marten, or otter.
Sec. 4. Laws 1998, chapter 389, article 16, section 31,
subdivision 2, as amended by Laws 1999, chapter 180, section 1,
and Laws 2000, chapter 488, article 3, section 31, is amended to
read:
Subd. 2. [EXCHANGE OF COUNTY LAKESHORE LAND FOR LEASED
LAKESHORE LOTS; EXCHANGE OF COUNTY LAND FOR LEASED FARMED WILD
RICE LAND.] (a) For the purposes of this section:
(1) "county land" includes, but is not limited to,
tax-forfeited land administered by any county;
(2) "leased lakeshore lots" means lands leased by the
state, including lots for which leases have been canceled,
pursuant to Minnesota Statutes, section 92.46, subdivision 1;
and
(3) "plan for exchange" means a listing of parcels proposed
for exchange with legal descriptions, county estimates of
values, and maps and acreage for each parcel. By July 1, 1999,
counties shall include exchange plans for all lakeshore lease
lots that are in substantial compliance with official controls.
The plan shall also include a timeline that provides for the
completion of the exchange of all remaining lakeshore lease lots
by December 31, 2000.
(b) By July 1, 1999, a county board with leased lakeshore
lots must petition the land exchange board with a plan for an
exchange of county land for leased lakeshore lots in the county
that are not listed by the commissioner pursuant to subdivision
1. Notwithstanding Minnesota Statutes, section 94.342, the land
proposed for the exchange must be land bordering on or adjacent
to meandered or other public waters. A county board proposing
an exchange under this section may include tax-forfeited land
administered by another county in the proposal with the consent
of that county board.
(c) In determining the value of the leased lakeshore lots
for purposes of the exchange, the land exchange board must
review an appraisal of each lot prepared by an appraiser
licensed by the commissioner of commerce. The selection of the
appraiser must be agreed to by the commissioner of natural
resources and the county board of the county containing the
leased lakeshore lot. The commissioner of natural resources
must pay the costs of appraisal and may recover these costs as
provided in this section. The commissioner must submit
appraisals under this paragraph to the land exchange board by
June 1, 1999.
(d) The land exchange board must determine whether the land
offered for exchange by a county under this section is lakeshore
of substantially equal value to the leased lakeshore lots
included in the county's petition. In making this
determination, the land exchange board must review an appraisal
of the land offered for exchange prepared by an appraiser
licensed by the commissioner of commerce. The selection of the
appraiser must be agreed to by the commissioner of natural
resources and the county board of the county containing the
leased lakeshore lots. The county must pay the costs of this
appraisal and may recover those costs as provided in this
section.
(e) Before the proposed exchange may be submitted to the
land exchange board, the commissioner of natural resources must
ensure that, whenever possible, state lands are added to the
leased lakeshore lots when necessary to provide conformance with
zoning official controls. The lands added to the leased
lakeshore lots must be included in the appraised value of the
lots. If the commissioner is unable to add the necessary land
to a lot, the lot shall be treated as if purchased at the time
the state first leased the site, for the purposes of local
zoning and other ordinances at the time of sale of the lot by
the county.
(f) Additional state or county lands, including state
riparian land leased for a commercial use, may be added to the
exchanges if mutually agreed upon by the commissioner and the
affected county board to meet county zoning standards or other
regulatory needs for the lots, for use of the land by the county
or state, or to avoid leaving unmanageable parcels of land in
state or county ownership after an exchange, or to dispose of
state commercial riparian leases. The additional county land
may include nonriparian land, if the land is adjacent to county
land exchanged under this section and is beneficial to or
enhances the value of the school trust land. Notwithstanding
Minnesota Statutes, chapter 282, or any other law to the
contrary, a county board may sell all or part of any additional
land to an owner of a lakeshore lot sold by the county under
this section, or sold by the state at a lakeshore lot sale, or
to the lessee of a commercial lease.
(g) In the event that commercial leased state land or
state-owned land leased for farming wild rice is proposed for
exchange, the state and county must submit to the land exchange
board prior to exchanges, without regard to the dates provided
in this section, the reports, appraisals, and plan for exchange
required by this section. For the appraisal of the wild rice
farming leases, no improvements paid for by the lessee shall be
added to the value of the land. The county is not required to
sell the commercially leased lands or wild rice farming leased
lands it receives from the state within the times stated in this
section. For wild rice farming leased lands, the commissioner
of natural resources may enter into an agreement with the county
to pay the costs of appraisal and survey of the lands offered
for exchange by the county, with the commissioner reimbursed
from the proceeds of the sale for the costs of said appraisal
and survey. Proceeds from the sale of wild rice farming leased
lands are not subject to subdivision 4.
(h) The land exchange board must determine whether the lots
are of substantially equal value and may approve the exchange,
notwithstanding the requirements of Minnesota Statutes, sections
94.342 to 94.347, relating to the approval process. If the
board approves the exchange, the commissioner must exchange the
leased lakeshore lots for the county lands, together with any
additional state land provided for under this section, subject
to the requirements of the Minnesota Constitution, article XI,
section 10, relating to the reservation of mineral and water
power rights.
(i) The deeds between the state and counties for land
exchanges under this section are exempt from the deed tax
imposed by Minnesota Statutes, section 287.21.
(j) The deeds issued by the state and counties for the land
exchanges and sales to a lessee made pursuant to this section
are exempt from the requirements imposed for well disclosure by
Minnesota Statutes, section 103I.235, well sealing by Minnesota
Statutes, section 103I.311, and individual sewage treatment
system disclosure by Minnesota Statutes, section 115.55,
subdivision 6.
Sec. 5. [PUBLIC SALE OF TRUST FUND LAND BORDERING PUBLIC
WATER; LAKE COUNTY.]
(a) Notwithstanding Minnesota Statutes, section 92.45, the
commissioner of natural resources may sell by public sale the
school trust land bordering public water that is described in
paragraph (c) under the remaining provisions of Minnesota
Statutes, chapter 92.
(b) The conveyance must be in a form approved by the
attorney general for consideration no less than the appraised
value of the land. The attorney general may make necessary
changes to the legal description to correct errors and ensure
accuracy.
(c) The land to be sold is located in Lake county and is
three subdivided lots bordering White Iron lake, located in
Government Lot 7, Section 6, Township 62 North, Range 11 West.
The property is being surveyed by the department of natural
resources for legal subdivision.
(d) The commissioner has determined that the land is no
longer needed for any natural resource purpose and that the
state's land management interests would best be served if the
land was sold.
Sec. 6. [PUBLIC SALE OF SURPLUS STATE LAND; LAKE COUNTY.]
(a) The commissioner of natural resources may sell by
public sale the surplus land that is described in paragraph (c)
under the provisions of Minnesota Statutes, chapter 94, except
that the commissioner need not comply with the requirements of
Minnesota Statutes, sections 94.09, subdivision 3, and 94.10,
subdivision 1, that the land first be offered for transfer of
custodial control to state departments and agencies and the
University of Minnesota, or sale to the city, county, town,
school district, or the public entity where the lands are
located.
(b) The conveyance must be in a form approved by the
attorney general for consideration no less than the appraised
value of the land. The attorney general may make necessary
changes to the legal descriptions to correct errors and ensure
accuracy.
(c) The land to be sold is located in Lake county and is
described as:
that part of the Northwest Quarter of the Southeast Quarter
of Section 14, Township 54 North, Range 9 West, lying South of a
line drawn from the northwest corner thereof to a point on the
east line thereof distant 893 feet South of the northeast corner
of said Northwest Quarter of the Southeast Quarter, and westerly
of the following described line: Commencing at the point of
termination of the above described line; thence northwesterly
along said above described line a distance of 495 feet to the
point of beginning of the line to be described; thence
southwesterly deflecting to the left at an angle of 77 degrees
27 minutes 32 seconds for a distance of 380 feet; thence
southeasterly deflecting to the left an angle of 90 degrees for
a distance of 460 feet to the center line of Minnesota trunk
highway No. 61; thence southwesterly along said center line to
the south line of said Northwest Quarter of the Southeast
Quarter and there terminating. Subject to the easement for the
right-of-way of Minnesota trunk highway No. 61.
(d) The commissioner has determined that the land is no
longer needed for any natural resource purpose and that the
state's land management interests would best be served if the
land was returned to private ownership.
Sec. 7. [PRIVATE SALE OF SURPLUS STATE LAND; LAKE COUNTY.]
(a) Notwithstanding Minnesota Statutes, sections 94.09 and
94.10, the commissioner of natural resources may sell to Lake
county by private sale the surplus land, and buildings located
thereon, that is described in paragraph (c) under the remaining
provisions of Minnesota Statutes, chapter 94.
(b) The conveyance must be in a form approved by the
attorney general. The attorney general may make necessary
changes to the legal description to correct errors and ensure
accuracy. Notwithstanding Minnesota Statutes, section 94.10,
subdivision 1, consideration may be for less than the appraised
value of the land and the land need not be used for a public
purpose.
(c) The land to be sold is located in Lake county and is
described as the westerly 235 feet of the northerly 82 feet of
the southerly 662 feet of the Southwest Quarter of the Southwest
Quarter of Southwest Quarter, Section 36, Township 53 North,
Range 11 West.
(d) The commissioner has determined that the land is no
longer needed for any natural resource purpose and that the
state's land management interests would best be served if the
land was sold to Lake county.
Sec. 8. [CONVEYANCE OF SURPLUS STATE LAND; MOWER COUNTY.]
(a) Notwithstanding Minnesota Statutes, sections 94.09 to
94.16, the commissioner of natural resources may convey to the
holders of the life estate for no consideration the surplus
state land, including improvements, that is described in
paragraph (c).
(b) The conveyance must be in a form approved by the
attorney general.
(c) The land to be conveyed is located in Mower county in
the Mentel wildlife management area and is described as: the
West 270.00 feet of the South 460.00 feet of the SW 1/4 of the
NW 1/4 of Section 5, Township 102 North, Range 17 West, subject
to highway easement on the south side thereof. The described
tract contains 2.85 acres, more or less.
(d) The commissioner has determined that the land is no
longer needed for any state natural resource purpose and that
the state's land management interests would best be served if
the land was conveyed to the holders of the life estate. The
holders of the life estate donated over 110 acres of land to the
Mentel wildlife management area, including the land described in
paragraph (c). The holders of the life estate have requested
that the building site be returned to them. The conveyance
gives the holders of the life estate full title free of state
interest.
Sec. 9. [HILL LAKE WILDLIFE MANAGEMENT AREA.]
Subdivision 1. [97A.133] [Subd. 29a.] [HILL LAKE WILDLIFE
MANAGEMENT AREA.] Hill Lake wildlife management area is
established in Aitkin county.
Subd. 2. [BOUNDARIES.] The following described land is
located within the boundaries of Hill Lake wildlife management
area: Lot 1, the unplatted portion, and Lot 2, the South 25
rods East of highway except the North 14 rods of West 23 rods of
South 25 rods, of Section 23, Township 52 North, Range 26 West.
Sec. 10. [ADDITION TO STATE FOREST.]
[89.021] [Subd. 24.] [HILL RIVER STATE FOREST.] The
following area is added to the Hill River state forest:
NW1/4-SE1/4 and S1/2-SE1/4 of Section 22; NW1/4-SW1/4 of Section
23; S1/2-NW1/4, NE1/4-SW1/4, and S1/2-SW1/4 of Section 26; all
in Township 52 North, Range 26 West.
Sec. 11. [ADDITION TO STATE WILDLIFE MANAGEMENT AREA.]
[97A.133] [Subd. 5.] [AITKIN WILDLIFE MANAGEMENT AREA,
AITKIN COUNTY.] The following area is added to the Aitkin
wildlife management area: SW1/4 of Section 3, Township 47
North, Range 26 West.
Sec. 12. [PRIVATE CONVEYANCE OF CONSOLIDATED CONSERVATION
LAND; AITKIN COUNTY.]
(a) Notwithstanding the classification and public sale
provisions of Minnesota Statutes, chapters 84A and 282, or other
law to the contrary, Aitkin county may sell to the city of Hill
City the consolidated conservation land that is described in
paragraph (c) under the remaining provisions of Minnesota
Statutes, chapters 84A and 282.
(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 public purposes. The consideration
for the conveyance must not be less than the appraised value of
the timber. Proceeds shall be disposed of according to
Minnesota Statutes, chapter 84A.
(c) The land that may be sold is located in Aitkin county
and is described as: SE1/4-NE1/4 and NE1/4-SE1/4 of Section 22,
Township 52 North, Range 26 West.
Sec. 13. [NORTH HENNEPIN COMMUNITY COLLEGE LAND TRANSFER.]
Notwithstanding Minnesota Statutes, sections 94.09 to
94.16, the board of trustees of the Minnesota state colleges and
universities may transfer fee title to approximately 11 acres of
state-owned real estate north of 85th Avenue in Brooklyn Park
and operated by North Hennepin community college in exchange for
fee title to approximately 11 acres of land contiguous with land
currently owned by North Hennepin community college. Before
completing the exchange, the board shall consult with and obtain
the advisory recommendations of the chairs of the house higher
education finance committee and the senate higher education
budget division.
Sec. 14. [EXEMPT ACREAGE IN LAND EXCHANGE.]
The city of Bird Island may exchange a parcel of land owned
by it or acquired for it by a qualified intermediary, for a
parcel of agricultural real estate that is owned by an
individual exempt under Minnesota Statutes, section 500.221,
based on ownership being lawfully acquired prior to June 1,
1981. Since there is no exception for exchanged property under
Minnesota Statutes, section 500.221, the exchange of the city's
parcel would result in the loss of exemption for the exchanged
property. Accordingly, this act provides that the agricultural
land being exchanged for the parcel that is currently exempt
shall also be exempt under Minnesota Statutes, section 500.221,
as if it had been purchased by the owner prior to June 1, 1981.
Such exchanged parcel shall have exactly the same rights under
the statute as the parcel to be exchanged and the deeds used to
effectuate the transaction may so state.
Presented to the governor May 25, 2001
Signed by the governor May 29, 2001, 11:27 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes