1999 Minnesota Statutes

     90.201 Void timber sales; refunds; adjustment of sale 
  terms. 

    Subdivision 1.    Void sales; refunds.  Any sale of 
 timber made by fraud or mistake or in violation of the 
 provisions of this chapter shall be void, the permit issued 
 thereon shall be of no effect, and the holder shall be required 
 to surrender the same.  In case of a sale made by mistake the 
 amount paid shall be refunded to the permit holder, or at the 
 request of the permit holder the commissioner may credit the 
 refund as payment upon any other timber purchased by the permit 
 holder.  If timber has been cut on a permit which required 
 cancellation due to error by the state, it may be sold at single 
 stumpage rate without formalities. 

    Subd. 2.    Refunds on final billing; interest payment on 
 late refunds.  The commissioner shall refund to a permit 
 holder any amount paid on a timber sale which exceeds the value 
 of the timber cut under that sale as determined on a final 
 statement transmitted pursuant to section 90.181.  The 
 commissioner may credit a refund to any other permit held by the 
 same permit holder if the permit is delinquent as provided in 
 section 90.181, subdivision 2, and may credit a refund to any 
 other permit to which the permit holder requests that it be 
 credited.  

    Any refund of cash which is due to a permit holder as 
 determined on a final statement transmitted pursuant to section 
 90.181 which is not paid to the permit holder within 45 days 
 after the date of that statement shall bear interest at the rate 
 determined pursuant to section 549.09 unless the refund is 
 credited on another permit as provided in this subdivision. 
 Interest shall be paid from the date of the final statement.  No 
 interest shall be paid in an amount of $50 or less.  

    Subd. 3.    Settlement of permit obligations.  When a 
 permit holder dies or becomes permanently incapacitated, the 
 commissioner may cancel the permit and compromise and settle the 
 remaining obligations to the state.  

    Subd. 4.  When standing timber under a valid permit is 
 damaged through fire, windstorm, flood, or other natural cause, 
 the commissioner may reappraise the timber and modify the 
 permit.  The commissioner shall ensure that the reappraisal is 
 in the best interest of the state and the trust. 

    HIST: (6394-20) 1925 c 276 s 20; 1961 c 202 s 17; 1967 c 23 s 
 1; 1982 c 511 s 20; 1986 c 444; 1993 c 172 s 47