1997 Minnesota Statutes

CHAPTER 94. Lands, state forests

  94.01 Repealed, 1949 c 454 s 1 

  94.02 Repealed, 1949 c 454 s 1 

  94.03 Repealed, 1949 c 454 s 1 

  94.04 Repealed, 1949 c 454 s 1 

  94.05 Renumbered 92.12 subd 3 

  94.06 Inoperative 

  94.07 Inoperative 

  94.08 Inoperative 

     94.09 Sale and disposition of surplus state-owned land. 

    Subdivision 1.  All tracts or lots of real property 
 belonging to the state of Minnesota or that may hereafter accrue 
 to the state, including tracts or lots which have escheated to 
 the state, may be disposed of in accordance with sections 94.09 
 to 94.16; provided, sections 94.09 to 94.16 shall not apply to 
 school or other trust fund lands, belonging to the state, or 
 that may hereafter accrue to the state, under and by virtue of 
 any act of Congress or to any other state-owned lands the sale 
 or disposition of which is otherwise provided for by law.  

    Subd. 2.  On or before July 1 of each year the head of each 
 department or agency having control and supervision over any 
 state-owned land the sale or disposition of which is not 
 otherwise provided for by law, shall certify in writing to the 
 commissioner of administration whether or not there is any 
 state-owned land under control and supervision of that 
 department or agency which is no longer needed.  If the 
 certification discloses lands no longer needed for a department 
 or agency, the head thereof shall include in such certification 
 a description of the lands, and the reasons why such lands are 
 no longer needed.  If the certification is by the commissioner 
 of natural resources, the duties prescribed for the commissioner 
 of administration by this section and sections 94.10 to 94.16 
 shall be performed by the commissioner of natural resources. 

    Subd. 3.  On or before October 1 of each year, the 
 commissioner of administration shall review the certifications 
 of heads of each department or agency provided for in this 
 section.  The commissioner shall send written notice to all 
 state departments, agencies and the university of Minnesota 
 describing any lands or tracts which may be declared surplus.  
 If a department or agency or the university of Minnesota desires 
 custody of the lands or tracts, it shall submit a written 
 request to the commissioner, no later than four calendar weeks 
 after mailing of the notice, setting forth in detail its reasons 
 for desiring to acquire, and its intended use of, the land or 
 tract.  The commissioner of administration shall then determine 
 whether any of the lands described in the certifications of the 
 heads of the departments or agencies should be declared surplus 
 and offered for sale or otherwise disposed of by transferring 
 custodial control to other requesting state departments or 
 agencies or to the board of regents of the university of 
 Minnesota for educational purposes, provided however that 
 transfer to the board of regents shall not be determinative of 
 tax exemption or immunity.  If the commissioner determines that 
 any of such lands are no longer needed for state purposes, the 
 commissioner shall make findings of fact, describe the lands, 
 declare such lands to be surplus state land, state the reasons 
 for the sale or disposition thereof, and notify the state 
 executive council of such determination.  

    Subd. 4.  Within 60 days after the receipt of the 
 notification from the commissioner of administration, the 
 executive council shall approve or disapprove the commissioner's 
 determinations.  If the determinations are approved, the lands 
 shall be offered for sale or otherwise disposed of as provided 
 for in sections 94.09 to 94.16.  If the executive council 
 disapproves the determinations, the same determinations in 
 regard thereto may not be resubmitted to the executive council 
 until at least six months from the date of the disapproval have 
 elapsed.  

    Subd. 5.  On or before November 15 of each even numbered 
 year the commissioner of administration shall report to the 
 governor and the legislature for the two-year period immediately 
 preceding the following: 

    (a) The lands which state departments and agencies have 
 certified as no longer needed.  

    (b) The lands which have been determined to be no longer 
 needed for state purposes, regarding which the executive council 
 has been formally notified.  

    (c) The lands which have been publicly sold.  

    (d) The trail lands which have been privately sold to 
 adjoining property owners and leaseholders under section 85.015, 
 subdivision 1, paragraph (b). 

    Subd. 6.  The state department or agency holding custodial 
 control shall maintain such state-owned lands until the land is 
 sold or otherwise disposed of as provided for in sections 94.09 
 to 94.16.  

    HIST: (6442) 1909 c 452 s 1; 1957 c 861 s 3; 1969 c 897 s 1; 
 1974 c 260 s 4; 1974 c 406 s 62; 1975 c 81 s 5; 1986 c 444; 1989 
 c 335 art 1 s 81; 1994 c 632 art 2 s 22 

     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 $40,000 
 or less, may have such lands appraised.  The commissioner shall 
 have the lands appraised if the estimated value is in excess of 
 $40,000.  The appraiser 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 at 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) Except as provided in section 94.11, 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.  

    HIST: (6443) 1909 c 452 s 2; 1957 c 861 s 4; 1969 c 897 s 2; 
 1971 c 911 s 1; 1973 c 123 art 5 s 7; 1974 c 184 s 7; 1975 c 81 
 s 6; 1980 c 614 s 79; 1984 c 543 s 4; 1984 c 601 s 1; 1986 c 
 444; 1993 c 285 s 11; 1997 c 216 s 75 

     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 1 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. 

    HIST: (6444) 1909 c 452 s 3; 1969 c 897 s 3; 1982 c 531 s 2; 
 1993 c 285 s 12 

     94.12 Contract for deed and quitclaim deed. 

    In the event a purchaser elects to purchase surplus real 
 property on an installment basis, the commissioner of 
 administration shall enter into a contract for deed with the 
 purchaser thereof in which shall be set forth the description of 
 the real property sold and the price thereof, the consideration 
 paid and to be paid therefor, the rate of interest, and time and 
 terms of payment.  This contract for deed shall be made 
 assignable and shall further set forth that in case of the 
 nonpayment of the annual principal or interest payment due by 
 the purchaser, or any person claiming under the purchaser, then 
 the contract for deed, from the time of such failure, will be 
 entirely void and of no effect and the state may be repossessed 
 of the lot or tract and may resell the same as provided in 
 sections 94.09 to 94.16.  In the event the terms and conditions 
 of a contract for deed are completely fulfilled or if a 
 purchaser makes a lump sum payment for the subject property in 
 lieu of entering into a contract for deed, the commissioner of 
 administration, shall sign and cause to be issued a quitclaim 
 deed on behalf of the state.  Said quitclaim deed shall be in a 
 form prescribed by the attorney general and shall vest in 
 purchaser all of the state's interest in the subject property 
 except as provided in section 94.14.  

    HIST: (6445) 1909 c 452 s 4; 1957 c 861 s 5; 1969 c 897 s 4; 
 1974 c 260 s 5; 1986 c 444; 1988 c 613 s 19 

     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.  

    HIST: (6446) 1909 c 452 s 5; 1974 c 260 s 6; 1976 c 181 s 2; 
 1986 c 444; 1993 c 285 s 13 

     94.14 Reservation of minerals.  

    The state hereby reserves for its own use all the iron, 
 coal, copper, and other valuable minerals in or upon all lands 
 which may be sold under the provisions of sections 94.09 to 
 94.16 and any contract for deed or quitclaim deed shall contain 
 a clause reserving all such minerals for the use of the state.  

    HIST: (6447) 1909 c 452 s 6; 1974 c 260 s 7 

  94.15 Repealed, 1974 c 260 s 9 

     94.16 Disposition of proceeds from surplus state-owned 
  land. 

    Subdivision 1.    Payment of expenses.  Money received 
 from the sale of surplus state-owned land shall be credited to 
 the general fund except as provided in this section.  

    Subd. 2.    Payment of expenses.  A portion of the 
 proceeds from the sale equal in amount to the survey, appraisal, 
 legal, advertising, and other expenses incurred by the 
 commissioner of administration or other state official in 
 rendering the property salable shall be remitted to the account 
 from which the expenses were paid, and are appropriated and 
 immediately available for expenditure in the same manner as 
 other money in the account. 

    Subd. 3.    Proceeds from natural resources land.  The 
 remainder of the proceeds from the sale of lands that were under 
 the control and supervision of the commissioner of natural 
 resources shall be credited to the land acquisition account in 
 the natural resources fund. 

    HIST: (6449) 1909 c 452 s 8; 1957 c 861 s 7; 1969 c 399 s 1; 
 1980 c 614 s 80; 1984 c 654 art 2 s 90; 1989 c 335 art 4 s 106; 
 1996 c 407 s 39 

     94.165 Land acquisition account. 

    There is created in the state treasury a land acquisition 
 account.  Money in the account is appropriated to the 
 commissioner of natural resources for the acquisition of natural 
 resource lands or interests in lands within the outdoor 
 recreation system established in chapter 86A.  The commissioner 
 must file a report to the house ways and means and the senate 
 finance committees and the environment and natural resources 
 committees of the senate and house of representatives by October 
 1 of each year indicating all purchases and sales from this 
 account.  

    HIST: 1984 c 654 art 2 s 91; 1993 c 172 s 49 

     94.17 Gifts to state for capitol or institution; 
  acceptance.  

    When any real property or rights or estates therein may be 
 or may have been granted or conveyed or assigned or turned over 
 as a gift by any person or municipality to the state of 
 Minnesota to be owned, held, occupied, or used by the state in 
 connection with the capitol, or any state institution, or the 
 grounds of the same or any of them, the governor shall issue in 
 duplicate under the great seal of the state a certificate of 
 acceptance and cause all the conditions of the gift to be 
 performed and the property so given to be improved, maintained, 
 and ornamented in the method and so far as the legislature may 
 appropriate money therefor.  

    HIST: (6450) 1909 c 464 s 1 

     94.18 Lands obtained by condemnation.  

    When any corporation, municipal or otherwise, shall convey, 
 assign, or turn over to the state any rights it may have 
 obtained by condemnation, the use of the land in which these 
 rights were obtained by the state in any of the ways or for any 
 of the purposes mentioned in section 94.17 shall not be deemed 
 an abandonment of nor work a forfeiture of the rights obtained 
 by condemnation, but shall be considered a use incidental to and 
 within the purposes of the condemnation.  

    HIST: (6451) 1909 c 464 s 2 

     94.19 Certificate of acceptance; record. 

    The certificate of acceptance shall be executed in 
 duplicate and one filed in the office of the secretary of state 
 and the other filed for record in the office of the county 
 recorder of the county in which the land is situated; and, after 
 being recorded, kept with the records of the institution in 
 connection with which the land is used.  Upon the certificates 
 of acceptance being so filed, the conveyance and transfer of the 
 rights, interests, and estates involved shall be deemed complete.

    HIST: (6452) 1909 c 464 s 3; 1976 c 181 s 2 

     94.31 Counties may assume bonds of towns or school 
  districts in reforestation area.  

    Any county wherein a state reforestation or flood control 
 project or other public state purposes, as created by sections 
 84A.20 to 84A.30, is located may voluntarily assume the 
 obligation to pay the same ratio or proportion of the principal 
 and interest of bonds now outstanding issued before the approval 
 and acceptance of the project by any school district or town 
 situated in the county lying wholly or partly within the project 
 as the last assessed valuation prior to the acceptance of the 
 project of lands acquired by the state pursuant to sections 
 84A.20 to 84A.30 on July 1, 1936, bears to the total assessed 
 valuation for the same year of the school district or town, this 
 assumption to be evidenced by the adoption of a resolution by 
 the county board of the county authorizing the issuance of bonds 
 for such purpose or otherwise providing for the payment of the 
 principal and interest of the school or town bonds assumed.  

    HIST: (6452-14) Ex1936 c 47 s 1 

     94.32 Issuance of county bonds; adjustment of debt.  

    The county board of any such county may by resolution 
 provide for the issuance of bonds for the purpose of assuming 
 the principal and interest of the school district or town bonds, 
 whether matured or not matured, in the manner provided by Laws 
 1935, chapter 119, and the county board is authorized to effect 
 agreements for the adjustment of the debt so assumed and the 
 exchange of such county bonds for the bonds so assumed.  Prior 
 to July 1, 1936, such bonds may be issued in an amount not in 
 excess of 50 percent of the estimated amount of the principal 
 and interest of the school district or town bonds which are to 
 be assumed by the county, the balance of such bonds to be issued 
 after July 1, 1936.  

    HIST: (6452-15) Ex1936 c 47 s 2 

     94.33 Failure to assume and pay; withholding funds.  

    In the event any such county shall fail or neglect to 
 assume that portion of the school district or town bonds as 
 provided in sections 94.31 and 94.32 and any such bonds remain 
 unpaid at maturity, upon demand of the governing body of the 
 school district or town or the holder of any such bonds, the 
 commissioner of finance shall withhold from the payments to be 
 made to the county under the provisions of section 84A.23 the 
 sum necessary to pay such portion and pay the same to the 
 treasurer of the school district or town.  All money received by 
 any school district or town pursuant to sections 94.31 and 94.32 
 shall be applied solely to the payment of past due bonds and 
 interest.  

    HIST: (6452-17) Ex1936 c 47 s 4; 1973 c 492 s 14 

  94.34 Renumbered 92.461 subdivision 1 

     94.341 Minnesota land exchange board. 

    The board created by the constitution of the state of 
 Minnesota, article XI, section 10, consisting of the governor, 
 the attorney general, and the state auditor, shall be known as 
 the Minnesota land exchange board.  The term "board" as used in 
 sections 94.341 to 94.347 refers to such board.  The governor 
 shall be chair of the board.  The state auditor shall be 
 secretary of the board and keep a record of its proceedings.  
 Approvals of land exchanges and other official acts of the board 
 may be evidenced by the certificate of the state auditor as 
 secretary, under official seal of the auditor.  When a land 
 exchange has been approved by the board it shall be presumed 
 that all other pertinent requirements of the law have been 
 complied with, and no exchange shall be invalidated by reason of 
 any defect or omission in respect of any such other requirement. 

    HIST: 1941 c 393 s 1; 1965 c 51 s 15; 1975 c 271 s 6; 1976 c 2 
 s 172; 1986 c 444 

     94.342 Classes of land. 

    Subdivision 1.    Class A.  All land owned by the state 
 and controlled or administered by the commissioner or by any 
 division or agency of the department of natural resources shall 
 be known as Class A land for the purposes of sections 94.341 to 
 94.347.  Class A land shall include school, swamp, internal 
 improvement, and other land granted to the state by acts of 
 Congress, state forest land, tax-forfeited land held by the 
 state free from any trust in favor of taxing districts, and 
 other land acquired by the state in any manner and controlled or 
 administered as aforesaid; but this enumeration shall not be 
 deemed exclusive.  

    Subd. 2.    Class B.  All lands heretofore or hereafter 
 acquired by the state through tax-forfeiture, held subject to a 
 trust in favor of taxing districts, and under the control of 
 county authorities for classification, appraisal, and sale shall 
 be known as Class B land for the purposes of sections 94.341 to 
 94.347.  

    Subd. 3.    Class C.  Land bordering on or adjacent to 
 any meandered or other public waters and withdrawn from sale by 
 law is Class C land.  Class C land may not be given in exchange 
 unless expressly authorized by the legislature or unless through 
 the same exchange the state acquires land on the same or other 
 public waters in the same general vicinity affording at least 
 equal opportunity for access to the waters and other riparian 
 use by the public; provided, that any exchange with the United 
 States or any agency thereof may be made free from this 
 limitation upon condition that the state land given in exchange 
 bordering on public waters shall be subject to reservations by 
 the state for public travel along the shores as provided by 
 section 92.45, unless waived as provided in this subdivision, 
 and that there shall be reserved by the state such additional 
 rights of public use upon suitable portions of such state land 
 as the commissioner of natural resources, with the approval of 
 the land exchange board, may deem necessary or desirable for 
 camping, hunting, fishing, access to the water, and other public 
 uses.  In regard to Class B or Class C land that is contained 
 within that portion of the Superior National Forest that is 
 designated as the Boundary Waters Canoe Area Wilderness, the 
 condition that state land given in exchange bordering on public 
 waters must be subject to the public travel reservations 
 provided in section 92.45, may be waived by the land exchange 
 board upon the recommendation of the commissioner of natural 
 resources and, if the land is Class B land, the additional 
 recommendation of the county board in which the land is located. 

    Subd. 4.    State park land.  Land specifically 
 designated by law as a state park may not be given in exchange 
 unless the land is school trust land that is exchanged for Class 
 A or Class C land located outside a state park. 

    Subd. 5.    School trust land.  School trust land may be 
 exchanged with other state land only if the permanent school 
 fund advisory committee is appointed as temporary trustee of the 
 school trust land for purposes of the exchange.  The committee 
 shall provide independent legal counsel to review the exchanges. 

    Subd. 6.    Reuniting and severing of surface and mineral 
 interests.  (a) When making a land exchange, a goal of the 
 land exchange board shall be to reunite the surface interest 
 with the mineral interest whenever possible. 

    (b) If mineral interests are severed in an exchange, the 
 land exchange board must consider the impact of severed mineral 
 interests on minerals management. 

    HIST: 1941 c 393 s 2; 1949 c 373 s 1; 1969 c 1129 art 10 s 2; 
 1975 c 271 s 6; 1988 c 492 s 1; 1988 c 628 s 13-16; 1989 c 335 
 art 1 s 82 

     94.343 Class A land exchanged; conditions. 

    Subdivision 1.  Except as otherwise herein provided, any 
 Class A land may, with the unanimous approval of the board, be 
 exchanged for any publicly held or privately owned land in the 
 manner and subject to the conditions herein prescribed.  The 
 commissioner, with the approval of the board, shall formulate 
 general programs of exchange of Class A land designed to serve 
 the best interests of the state in the acquisition, development, 
 and use of lands for purposes within the province of the 
 department of natural resources. 

    Subd. 2.  Except as herein expressly prohibited, Class A 
 land may be exchanged, though devoted to a specific public use, 
 if the use is discretionary and the authority in charge thereof 
 shall approve the exchange, or if the commissioner, with the 
 approval of the board, shall determine that the exchange will 
 not materially curtail the activity or project for which the 
 land is used; provided, that exchanges of land belonging to any 
 state forest, game preserve, conservation area, or other 
 territory designated by law for particular purposes shall be 
 made so as to consolidate or fill out the state's holdings of 
 land therein, and not materially to reduce the same. 

    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. 

    Subd. 4.  There shall be reserved to the state in all Class 
 A land conveyed in exchange all mineral and water power rights 
 and such other rights and easements as the commissioner, with 
 the approval of the board, shall direct.  All Class A land which 
 at the time of exchange is subject to the provisions of section 
 103G.545 shall remain subject thereto as a condition of the 
 exchange, and all land received by the state in exchange for 
 Class A land within the area to which those provisions apply 
 shall become subject thereto.  Land may be received in exchange 
 subject to any mineral reservations or other reservations 
 thereon.  All such reservations and conditions shall be taken 
 into consideration in determining the value of the lands 
 exchanged.  

    Subd. 5.  Class A land may be exchanged for land of greater 
 value if the other party to the exchange shall waive payment for 
 the difference or if there is an appropriation available for the 
 acquisition of such land from which the difference may be paid.  

    Subd. 6.  Class A land may be exchanged for land of less 
 value in any case where disposal of the state land is not 
 limited by the state constitution to public sale, provided the 
 other party to the exchange shall pay to the state the amount of 
 the difference in value either upon consummation of the exchange 
 or by deferred payment, as the commissioner, with the approval 
 of the board, may direct.  In case of deferred payment, a 
 certificate of sale of the state land shall be issued to the 
 other party as in case of sale of state public land, crediting 
 the value of the land received by the state in exchange as an 
 initial payment, and providing for payment of the balance upon 
 like terms and subject to like conditions as in case of such 
 sale; provided, that the commissioner, with the approval of the 
 board, may require a further initial cash payment and may 
 shorten the time for payment of the balance.  Money received in 
 such cases shall be credited to the same fund as in case of sale 
 of the land, if such fund exists, otherwise to the special fund, 
 if any, from which the cost of the land was paid, otherwise to 
 the general fund.  

    Subd. 7.  Before giving final approval to any exchange of 
 Class A land, the board shall hold a public hearing thereon at 
 the capital city or at some place which it may designate in the 
 general area where the lands involved are situated; provided, 
 that the board may direct such hearing to be held in its behalf 
 by any of its members or by the commissioner or by a referee 
 appointed by the board.  The commissioner shall furnish to the 
 auditor of each county affected a notice of the hearing signed 
 by the state auditor as secretary of the board, together with a 
 list of all the lands proposed to be exchanged and situated in 
 the county, and the county auditor shall post the same in the 
 auditor's office at least two weeks before the hearing.  The 
 county auditor shall also cause a copy of the notice, referring 
 to the list of lands posted, to be published at least two weeks 
 before the hearing in a legal newspaper published in the 
 county.  The cost of publication of the notice shall be paid by 
 the state out of any moneys appropriated for the expenses of the 
 board. 

    Subd. 8.  The commissioner, with the approval of the board, 
 may submit a proposal for exchange of Class A land to any land 
 owner concerned.  Any land owner may submit to the commissioner 
 and the board a proposal for exchange in such form as the 
 commissioner, with the approval of the board, may prescribe. 

    Subd. 9.  No exchange of Class A land shall be consummated 
 unless the attorney general shall have given an opinion in 
 writing that the title to the land proposed to be conveyed to 
 the state is good and marketable, free from all liens and 
 encumbrances except reservations herein authorized.  If required 
 by the attorney general, the land owner shall submit an abstract 
 of title and make and file with the commissioner an affidavit as 
 to possession of the land, improvements, liens, and encumbrances 
 thereon, and other matters affecting the title.  

    Subd. 10.  Conveyance of Class A land given in exchange 
 shall be made by deed executed by the commissioner in the name 
 of the state, with a certificate of unanimous approval by the 
 board appended.  All such deeds received by the state shall be 
 recorded or registered in the county in which the lands lie, and 
 all recorded deeds and certificates of registered title shall be 
 filed in the office having custody of the state public land 
 records in the department of natural resources.  

    Subd. 11.  Land received in exchange for Class A land shall 
 be subject to the same trust, if any, and shall otherwise have 
 the same status as the state land given in exchange.  The 
 commissioner, with the approval of the board, shall determine 
 accordingly the status of each tract of such land received in 
 exchange, and shall make and file a certificate thereof in the 
 office having custody of the state public land records in the 
 department of natural resources. 

    Subd. 12.  When an exchange of Class A tax-forfeited land, 
 which is subject to sale by county authorities is under 
 consideration, the commissioner may notify the county auditor to 
 withdraw the land from sale.  Thereupon the land shall be 
 withdrawn from sale until the proposed exchange is consummated 
 or rejected, of which the commissioner shall notify the county 
 auditor. 

    HIST: 1941 c 393 s 3; 1949 c 373 s 2; 1961 c 326 s 1; 1969 c 
 399 s 1; 1969 c 522 s 1; 1969 c 1129 art 10 s 2; 1975 c 271 s 6; 
 1984 c 643 s 3; 1986 c 444; 1988 c 628 s 17; 1989 c 335 art 1 s 
 83; 1990 c 391 art 8 s 20; 1993 c 285 s 14 

     94.344 Class B land exchanged; conditions. 

    Subdivision 1.  Except as otherwise provided, Class B land, 
 by resolution of the county board of the county where the land 
 is located and with the unanimous approval of the land exchange 
 board, may be exchanged for any publicly held or privately owned 
 land in the same county. 

    Subd. 2.  No Class B land which is not classified for sale, 
 and no Class B land, however classified, lying within any zone 
 or district which is restricted against any use for which the 
 land may be suitable shall be given in exchange for any 
 privately owned land.  

    Subd. 3.  (a) Except as otherwise provided, Class B land 
 may be exchanged only for land of substantially equal value or 
 greater value to the state, as determined by the county board, 
 with the approval of the commissioner and the land exchange 
 board.  For an exchange involving Class B land for Class A or 
 Class C land, the value of the lands shall be determined by the 
 commissioner, with approval of the land exchange board.  For 
 purposes of the determination, the commissioner shall appraise 
 the state and tax-forfeited land proposed to be exchanged in the 
 same manner as Class A land.  For all other purposes, the county 
 board shall appraise the state land and the land in the proposed 
 exchange in the same manner as tax-forfeited land to be offered 
 for sale.  The appraised values shall not be conclusive, but 
 shall be taken into consideration, together with such other 
 matters as may be deemed 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.  

    Subd. 4.  There shall be reserved to the state in all Class 
 B land conveyed in exchange the same rights and easements as may 
 be required by law in case of sale of tax-forfeited land and 
 such other rights and easements as the county board, with the 
 approval of the commissioner and the board, shall direct.  Land 
 may be received in exchange subject to any mineral reservations 
 or other reservations thereon.  All such reservations and 
 conditions shall be taken into consideration in determining the 
 value of the lands exchanged.  

    Subd. 5.  Class B land may be exchanged for land of greater 
 value only in case the other party to the exchange shall waive 
 payment for the difference.  

    Subd. 6.  Class B land may be exchanged for land of less 
 value, provided the other party to the exchange shall pay the 
 amount of the difference to the county treasurer either upon 
 consummation of the exchange or by deferred payment, as the 
 county board may direct.  In case of deferred payment, a 
 certificate of sale of the state land shall be issued to the 
 other party in like manner as in the case of sale of 
 tax-forfeited land, crediting the value of the land received by 
 the state in exchange as an initial payment, and providing for 
 payment of the balance upon like terms and subject to like 
 conditions as in case of such sale; provided, that the county 
 board may require a further initial cash payment and may shorten 
 the time for payment of the balance.  Money received in such 
 cases shall be disposed of in like manner as the proceeds of 
 sale of tax-forfeited land.  

    Subd. 7.  (a) Except for land described in paragraph (b), 
 before giving final approval to any exchange of Class B land, 
 the county board shall hold a public hearing thereon.  At least 
 two weeks before the hearing the county auditor shall post in 
 the auditor's office a notice thereof, containing a description 
 of the lands affected.  

    (b) In an exchange of Class B land for Class A or Class C 
 land, the commissioner is responsible for holding the public 
 hearing. 

    Subd. 8.  By direction of the county board the county 
 auditor may submit a proposal for exchange of Class B land to 
 any land owner concerned.  Any land owner may file with the 
 county auditor a proposal for exchange for consideration by the 
 county board.  Forms for such proposals shall be prescribed by 
 the commissioner.  

    Subd. 9.  No exchange of Class B land shall be consummated 
 unless the title to the land proposed to be exchanged therefor 
 shall first be approved by the county attorney in like manner as 
 provided for approval by the attorney general in case of Class A 
 land.  The county attorney's opinion on the title shall be 
 subject to approval by the attorney general.  

    Subd. 10.  After approval by the county board, every 
 proposal for the exchange of Class B land shall be transmitted 
 to the commissioner in such form and with such information as 
 the commissioner may prescribe for consideration by the 
 commissioner and by the board.  The county attorney's opinion on 
 the title, with the abstract and other evidence of title, if 
 any, shall accompany the proposal.  If the proposal be approved 
 by the commissioner and the board and the title be approved by 
 the attorney general, the same shall be certified to the 
 commissioner of revenue, who shall execute a deed in the name of 
 the state conveying the land given in exchange, with a 
 certificate of unanimous approval by the board appended, and 
 transmit the deed to the county auditor to be delivered upon 
 receipt of a deed conveying to the state the land received in 
 exchange, approved by the county attorney; provided, that if any 
 amount is due the state under the terms of the exchange, the 
 deed from the state shall not be executed or delivered until 
 such amount is paid in full and a certificate thereof by the 
 county auditor is filed with the commissioner of revenue.  The 
 county auditor shall cause all deeds received by the state in 
 such exchanges to be recorded or registered, and thereafter 
 shall file the deeds or the certificates of registered title in 
 the auditor's office.  If the land received by the county in the 
 exchange is either Class A or Class C land, the commissioner of 
 revenue shall deliver the deed for the Class B land to the 
 commissioner of natural resources and following the recording of 
 this deed, the commissioner of natural resources shall deliver 
 to the county auditor a deed conveying the Class A or Class C 
 land to the county auditor to be recorded or registered, and 
 afterwards file the deeds or the certificate of registered title 
 in the auditor's office.  

    Subd. 11.  Forthwith after the consummation of any land 
 exchange the county board shall determine the amount to be paid, 
 if any, to the governmental subdivision wherein the Class B 
 lands were located as full compensation for the trusts said 
 governmental subdivision held in such land, and the amount so 
 determined shall be transferred by the county auditor from the 
 tax-forfeited funds accruing to the governmental subdivision 
 wherein the privately owned lands were situated to the 
 governmental subdivision wherein the Class B lands lay.  The 
 lands received shall thereupon become subject to trust in favor 
 of the governmental subdivision wherein they lie and to all laws 
 relating to tax-forfeited lands.  

    The county board may also make a determination of payment 
 to be made as to land exchanges heretofore made and direct the 
 county auditor to make such transfer; and when such transfer has 
 been made, such lands shall become subject to trust in favor of 
 the governmental subdivision in which they lie. 

    The maximum which may be fixed as payment for the equity 
 held by any governmental subdivision shall in no case exceed the 
 amount said governmental subdivision would have received if the 
 lands had been sold for the appraised value as determined for 
 the purpose of the exchange. 

    HIST: 1941 c 393 s 4; 1949 c 437 s 1; 1973 c 582 s 3; 1975 c 
 271 s 6; 1984 c 543 s 5; 1986 c 444; 1988 c 628 s 18-21; 1989 c 
 335 art 1 s 84; 1992 c 405 s 3 

     94.345 Forms prescribed by attorney general.  

    The attorney general shall prescribe or approve the forms 
 for all deeds, certificates, and other instruments required in 
 these proceedings, and the procedure for delivery thereof.  

    HIST: 1941 c 393 s 5 

     94.346 Titles.  

    Subdivision 1.    State may quiet.  The state may bring 
 and maintain an action to quiet or register the title to any 
 land or interest in land which it owns or claims in any capacity 
 and to determine all adverse claims thereto under any law 
 pertaining to such proceedings, whether or not the land is 
 actually in possession of or occupied by the state or any other 
 person or corporation.  

    Subd. 2.    Attorney general may perfect.  The attorney 
 general, at the request or with the approval of the board, may 
 commence and carry on any necessary or proper actions to perfect 
 the titles to lands owned by the state and subject to exchange 
 under sections 94.341 to 94.347, and may authorize any county 
 attorney or other attorney to assist in conducting any such 
 action.  The expenses of these actions, including such 
 attorneys' fees as the attorney general may allow to county 
 attorneys or other attorneys representing the state, shall be 
 payable out of any appropriations available for the purposes of 
 sections 94.341 to 94.347.  Any county attorney performing such 
 service shall be entitled to the fees allowed therefor in 
 addition to regular compensation unless the salary is fixed on a 
 full time basis. 

    In case an action is necessary to perfect the title to any 
 privately owned land involved in an exchange hereunder, and the 
 owner of the land is unable to bear the expense thereof, the 
 land exchange board may authorize the attorney general to 
 conduct such action and pay the expenses thereof as in case of 
 actions to perfect the title to state lands.  The expenses of 
 the action, including attorney's fees, shall be deducted from 
 the value of the land for the purpose of exchange, subject to 
 payment by the owner for any difference in value as herein 
 provided, or shall be repaid by the owner otherwise upon such 
 terms as the board may direct.  All money received on account of 
 such expenses shall be remitted to the state treasurer and 
 credited to the fund from which the expenses were paid. 

    HIST: 1941 c 393 s 6,7; 1975 c 271 s 6; 1986 c 444 

     94.347 Certain land subjected to like trusts.  

    The lands acquired by the state under Laws 1939, Chapter 
 343, shall be subject to like trusts as the state lands involved 
 in the actions for damages mentioned therein.  The commissioner 
 shall determine to what trusts the several tracts of land so 
 acquired shall be subject according to their location, 
 character, and value, making due allowance for the relative 
 proportions of the different trusts to which the damaged lands 
 were subject, and make and file a certificate thereof in the 
 office having custody of the records of such lands in the 
 department.  The determination of the commissioner so certified 
 shall be deemed conclusive as to the trust status of the lands 
 affected unless thereafter changed by act of the legislature.  

    HIST: 1941 c 393 s 8 

     94.348 Exchanges of state-owned land, appraisal fee. 

    Subdivision 1.  Whenever a private land owner or 
 governmental unit, except the state, presents to the Minnesota 
 land exchange board an offer to exchange private or publicly 
 held land for Class A state-owned land as defined in section 
 94.342, the private land owner or governmental unit shall pay to 
 the board an appraisal and survey fee of not less than $25 nor 
 more than one-half of the cost of appraisal and survey 
 determined by the commissioner. 

    Subd. 2.    Appraisal and survey fee.  (a) Except as 
 provided in paragraph (b), the appraisal and survey fee shall be 
 credited 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. 

    HIST: 1957 c 586 s 1,2; 1975 c 271 s 6; 1986 c 444; 1988 c 628 
 s 22; 1993 c 285 s 15 

     94.349 Transfers of title involving the state and 
  governmental subdivisions of the state. 

    Subdivision 1.  For the purpose of consolidating ownership 
 or for any other public purpose, the state, acting through the 
 commissioner of natural resources, or a local unit of government 
 of the state may submit a proposal involving transfer of titles 
 of land of the state and the local unit of government to the 
 land exchange board, for review and recommendation of the board. 

    Subd. 2.  The procedures relating to appraisal, title 
 examination, and hearings set forth in sections 94.341 to 94.348 
 for land exchanges shall be followed, insofar as applicable, in 
 matters relating to transfers of land titles under this section, 
 subject to such further limitations as may be provided in this 
 section. 

    Subd. 3.  The classes of state land which may be involved 
 in a transfer of title are the same as those which may be 
 exchanged under land exchange laws and are subject to the same 
 limitations as are applied to state lands under land exchange 
 laws.  

    Subd. 4.  For the purposes of this section, lands acquired 
 through tax-forfeiture, held subject to a trust in favor of 
 taxing districts, and under the control of county authorities 
 for classification, appraisal and sale may be considered as land 
 of a local unit of government for the purposes of this section.  
 This land is subject to the same limitations as are applied to 
 the same lands under land exchange laws. 

    Subd. 5.  The land exchange board shall recommend such 
 legislation as may be necessary to complete the transfer of 
 titles under this section. 

    Subd. 6.  Upon satisfaction of the requirements of this 
 section, and upon the unanimous approval of the land exchange 
 board, the commissioner of natural resources, as to the state 
 land involved in the transfer of titles, and the governing body 
 of the local unit of government, as to the local government land 
 involved in the transfer of titles, shall execute deeds in the 
 name of the respective government involved in the transfer, 
 which deeds shall be executed and recorded in the same manner as 
 deeds in land exchanges. 

    Subd. 7.  The commissioner of natural resources, with the 
 approval of the board, shall determine the status of each tract 
 of land received by the state in the transfer of titles.  The 
 county board, in a situation where the land given in a transfer 
 is that type of land described in subdivision 4, shall proceed 
 as required in section 94.344, subdivision 11. 

    Subd. 8.  State land involved in a transfer of title shall 
 be subject to the provisions of section 94.343, subdivision 4.  
 Tax-forfeited land under the control of a county involved in a 
 title transfer shall be subject to the provisions of section 
 94.344, subdivision 4. 

    Subd. 9.  The provisions of this section shall be 
 supplementary to other laws relating to transfer of title of 
 land or interests in land involving the state and local units of 
 government. 

    HIST: 1979 c 142 s 1; 1984 c 643 s 4 

  94.35 Renumbered 92.461 subd 2 

     94.351 Escheat subject to encumbrance.  

    When any land has become the property of the state by 
 escheat and is subject to any encumbrance arising from taxes, 
 assessments, or otherwise the commissioner of finance, with the 
 approval of the governor and the attorney general and for a 
 consideration to be determined by them, may execute in the name 
 of the state a deed of the land to the holder of the encumbrance.

    HIST: (6329) RL s 2441; 1973 c 492 s 14 

  94.36 Repealed, 1975 c 61 s 26 

  94.37 Repealed, 1975 c 61 s 26 

  94.38 Repealed, 1975 c 61 s 26 

  94.39 Repealed, 1975 c 61 s 26 

  94.40 Repealed, 1975 c 61 s 26 

     94.41 Relinquishment of lands to United States.  

    When any land has been erroneously certified or conveyed to 
 the state by the United States, the governor may execute, under 
 the seal of the state, a relinquishment or reconveyance thereof. 

    HIST: (6528) RL s 2516 

     94.44 Grant by municipal corporation.  

    When the United States shall desire land for any purpose of 
 the government which is owned by any city, town, county, or 
 other municipal or quasi-municipal corporation or in which such 
 corporation has any right it shall be lawful for the governing 
 body of such corporation to grant and convey the same to the 
 United States.  

    HIST: (6529) RL s 2517 

     94.45 United States survey; damages.  

    Any person employed pursuant to the laws of the United 
 States in the execution of a survey may enter upon any land in 
 the state for the purpose of doing any act which may be 
 necessary thereto, and may establish permanent station marks, 
 and erect the necessary signals and temporary observatories.  If 
 the parties interested cannot agree upon the amount to be paid 
 for damages caused thereby either may petition the district 
 court for the county in which the land is situated to assess the 
 damages.  The court shall appoint a time for a hearing as soon 
 as may be, and order at least 20 days' notice thereof to be 
 given to all parties interested, and shall, with or without view 
 of the premises, as the court may determine, hear the parties 
 and assess the damages.  The person so entering upon the land 
 may tender to the injured party damages and if, in case of a 
 petition, the damages assessed do not exceed the amount 
 tendered, the person entering shall recover costs; otherwise the 
 other party shall recover costs.  

    HIST: (6530) RL s 2518 

     94.46 Injury to signal.  

    Whoever willfully defaces, injures, or removes any signal, 
 monument, building, or other property of the United States 
 erected or used in the coast and geodetic survey, pursuant to 
 the laws of the United States, shall forfeit not exceeding $50 
 for each offense, and shall be liable to the United States for 
 all damages sustained by it in consequence thereof, to be 
 recovered in a civil action.  

    HIST: (6531) RL s 2519 

     94.47 Commissioner may purchase lands from United States 
  government.  

    The commissioner is hereby authorized to purchase, to 
 accept by gift or lease, or by tenure title, any lands owned by 
 the United States government, including timber thereon, within 
 the townships in which state forests, or state parks or game 
 refuges or public shooting grounds have been set apart, or will 
 hereafter be set apart by the legislature.  These tracts when 
 the title thereto has become vested in the state shall become 
 and be a part of the state forests, or state parks, or game 
 refuges, or public shooting grounds subject to all laws and 
 rules relating to state forests, or state parks, or game 
 refuges, or public shooting grounds.  

    HIST: (6536-1) 1935 c 333 s 1; 1985 c 248 s 70 

     94.48 May expend money on leased land.  

    When lands are obtained by lease from the United States 
 government under sections 94.47 to 94.51 the commissioner shall 
 be authorized to make expenditures from any funds not otherwise 
 obligated for the management, development, and utilization of 
 such areas; to sell or otherwise dispose of products from such 
 lands and make necessary rules to carry out the purposes of 
 sections 94.47 to 94.51.  Unless otherwise provided all incomes 
 derived from such leased lands shall be paid into the state 
 treasury and credited to the state forest fund, and the same is 
 hereby annually reappropriated for the use of the commissioner 
 in the acquisition, management, development, and use of such 
 leased lands until all obligations incurred have been paid in 
 full.  Thereafter all revenues received therefrom shall be 
 distributed in accordance with Laws 1933, chapter 313.  

    HIST: (6536-2) 1935 c 333 s 2; 1985 c 248 s 70 

     94.49 Not to create debt.  

    Obligations for the acquisition of lands by lease incurred 
 under the authority of sections 94.47 to 94.51 shall be paid 
 solely and exclusively from revenues derived from such lands and 
 shall not impose any liability under the general credit and 
 taxing power of the state.  

    HIST: (6536-3) 1935 c 333 s 3 

     94.50 May sell and exchange lands.  

    The commissioner, with the approval of the executive 
 council, shall have full power and authority to sell, exchange, 
 or lease lands under jurisdiction of the commissioner when it is 
 deemed advantageous to the state in the interests of the highest 
 development, utilization, and management of state forests.  Such 
 sale, lease, or exchange of lands shall not be contrary to the 
 terms of any contract which has been entered into and shall not 
 apply to state trust fund lands.  

    HIST: (6536-4) 1935 c 333 s 4; 1986 c 444 

     94.51 Commissioner to make rules. 

    The commissioner is hereby authorized to make such rules as 
 may be necessary to carry out the purposes of sections 94.47 to 
 94.51 and is hereby authorized to enter into cooperative 
 agreements with appropriative officials of the United States for 
 and on behalf of the state of Minnesota in order to secure the 
 full benefits to this state of the provisions of an act of 
 Congress introduced March 21, 1935, as H.R. 6914, and all other 
 acts of Congress which have been or may be passed providing for 
 ways and means of authorizing cooperation with the states for 
 the purpose of stimulating the acquisition, development, and 
 management of state lands and coordinating federal and state 
 activities in carrying out a national program of land use and 
 management, and for other similar purposes; that sections 94.47 
 to 94.51 and all other acts and amendments thereto and all rules 
 and agreements made hereunder shall be liberally construed for 
 the purpose of making possible the complete cooperation of the 
 agencies of this state with the agencies of the federal 
 government.  

    HIST: (6536-5) 1935 c 333 s 5; 1985 c 248 s 70 

     94.52 Expenditure of state's percentage of proceeds of 
  sale of land to the United States.  

    Subdivision 1.  All sums heretofore or that may hereafter 
 be received from the United States government, on account of an 
 act of Congress approved May 23, 1908 (35 Stat. 260), or any 
 amendments thereof hereafter enacted shall be expended as 
 follows: 

    One-half for public schools and the remainder for public 
 roads in the counties in which the national forests are 
 situated; provided, that any county coming within the provisions 
 of said act of Congress is hereby authorized to borrow money 
 from the federal government or any of its agencies and to use 
 moneys received pursuant to the provisions of said act of 
 Congress or amendments thereto for the purpose of repaying any 
 loan or loans made to such county by the federal government or 
 any of its agencies.  In the case of the Superior National 
 Forest, the counties of Cook, Lake, Koochiching, and St. Louis 
 shall share in the distribution of the sum received from that 
 source in the same proportion that the federally owned lands in 
 each county which are within the boundaries of said forest bear 
 to the total number of acres of federally owned lands in said 
 forest area.  In the case of the Chippewa National Forest, the 
 counties of Cass, Itasca, and Beltrami shall share in the 
 distribution of the sum received from that source in the same 
 proportion that the federally owned lands in each county, which 
 are within the boundaries of said forest bear to the total 
 number of acres of federally owned lands in said forest area.  

    Subd. 2.  Any distribution made by the state of moneys 
 received from the United States government on account of said 
 act of Congress is hereby legalized and made valid and effective 
 to the same extent as though the method of distribution used was 
 provided for by the legislative enactment prior to the 
 distribution thereof.  

    There is hereby appropriated from such moneys in the state 
 treasury not otherwise appropriated to the public schools or the 
 counties as provided by this section, an amount sufficient to 
 make the necessary payments as are provided herein.  

    HIST: (6536-11) 1913 c 58 s 1; Ex1936 c 80 s 1; 1943 c 569 s 
 1; 1959 c 158 s 12 

     94.521 Distribution of federal aid.  

    Subdivision 1.  All sums of money heretofore or which may 
 hereafter be received from the United States government on 
 account of the act of Congress approved June 28, 1934 (Statutes 
 at Large, volume 48, page 1273), amended by act approved June 
 26, 1936 (Statutes at Large, volume 49, page 1978), and the act 
 approved June 28, 1938 (Statutes at Large, volume 52, page 
 1221), or any amendments thereof heretofore or hereafter enacted 
 shall be expended as follows: 

    One-half for public schools and the remainder for public 
 roads in the counties in which the land producing such money is 
 situated.  

    Subd. 2.  There is hereby appropriated to the public 
 schools or counties entitled to such payment, from such money in 
 the state treasury not otherwise appropriated, an amount 
 sufficient to make the payments as provided herein.  

    HIST: 1947 c 336 s 1; 1959 c 158 s 13 

     94.522 Transmission of warrants to county treasurers; 
  use of proceeds.  

    It shall be the duty of the commissioner of finance to 
 transmit warrants on the state treasury to the county treasurer 
 of the respective counties for the sums that may be due in 
 accordance with section 94.521, which sums are hereby 
 appropriated out of the state treasury from the amounts received 
 from the United States government pursuant to the aforesaid acts 
 of Congress, and such money shall be used by the counties 
 receiving the same for the purposes and in the proportions 
 herein provided.  

    HIST: 1947 c 336 s 2; 1973 c 492 s 14 

     94.53 Warrant to county treasurers; federal loans to 
  counties.  

    It shall be the duty of the commissioner of finance to 
 transmit warrants on the state treasury to the county treasurers 
 of the respective counties for the sum that may be due in 
 accordance with sections 94.52 to 94.54, which sum or sums are 
 hereby appropriated out of the state treasury from the amounts 
 received from the United States government pursuant to the 
 aforesaid act of Congress.  The commissioner of finance, upon 
 being notified by the federal government or any agencies thereof 
 that a loan has been made to any such county the repayment of 
 which is to be made from such fund, is authorized to transmit a 
 warrant or warrants on the state treasurer to the federal 
 government or any agency thereof sufficient to repay such loan 
 out of any money apportioned or due to such county under the 
 provisions of such act of Congress, approved May 23, 1908 
 (Statutes at Large, volume 35, page 260).  

    HIST: (6536-12) 1913 c 58 s 2; Ex1936 c 80 s 2; 1973 c 492 s 
 14; 1986 c 444 

     94.54 Schools and roads near national forests. 

    It shall be the duty of the county board of each county 
 receiving such money to use the portion allotted to public 
 schools to aid in maintaining those school districts that may be 
 situated within or near the national forest, and the portion 
 allotted for public roads shall be used, as far as practicable, 
 in the construction and repair of roads within or near the 
 national forests.  This section shall not apply to any such sums 
 of money which may have been allotted or set aside for the 
 purpose of paying loans which may have been made by any county 
 pursuant to the provisions of sections 94.52 and 94.53. 

    HIST: (6536-13) 1913 c 58 s 3; Ex1936 c 80 s 3 

     94.55 Transfer of state-owned improvements. 

    The commissioner may sell or transfer an improvement 
 located on state-owned lands, the compensation for which shall 
 be determined by the commissioner.  The sale or transfer shall 
 be accomplished by a bill of sale, describing the improvement 
 transferred and the terms and conditions of the sale or transfer.
 Proceeds resulting from the sale or transfer must be deposited 
 in the state treasury and credited to the land acquisition 
 account established in section 94.165. 

    HIST: 1997 c 216 s 76