1999 Minnesota Statutes

     93.05 Holder of permit or lease.  

    Subdivision 1.    Right of entry.  In all cases where 
 state lands have been heretofore or may hereafter be sold 
 pursuant to the provisions of law upon which minerals have been 
 reserved, the holder of any mineral permit or lease subsequently 
 issued thereon may nevertheless enter upon the same and prospect 
 thereon thereunder.  

    Subd. 2.    Security for damages; condemnation.  Before 
 entering upon the same the permit or lease holder shall pay or 
 secure to the owner of the lands all damages which may arise 
 therefrom and the same may be determined either by mutual 
 agreement or, if the interested parties cannot agree, then the 
 holder of the mineral permit or lease may, in the name of the 
 state of Minnesota, institute proceedings to condemn the same in 
 accordance with the general provisions of chapter 117; provided, 
 that the state shall bear no part of the cost of these 
 proceedings, nor pay any part of the damages awarded therein.  

    Subd. 3.    Attorney general to institute condemnation.  
  Upon written request of the holder of any mineral prospecting 
 permit or mineral lease from the state, not in default, with the 
 approval of the commissioner of natural resources, the attorney 
 general shall institute, in the name of the state, proceedings 
 to acquire by condemnation any lands, rights-of-way, drainage or 
 flowage rights, easements or other interests necessary in 
 connection with prospecting for or mining the ore covered by 
 such permit or lease.  All costs and expenses of such 
 proceedings and all damages awarded therein shall be paid by the 
 holder of the permit or lease.  In any eminent domain 
 proceedings hereunder, any value which the land taken may have 
 by reason of its location or availability for the depositing of 
 stripping, tailings or other wastes from general mining 
 operations in its vicinity, or for the erection of buildings or 
 structures thereon in connection with such operations, shall be 
 considered in determining the damages to be awarded the owner 
 thereof.  

    HIST: (6399, 6400) 1907 c 411 s 1,2; 1949 c 593 s 1; 1969 c 
 1129 art 10 s 2; 1986 c 444