2000 Minnesota Statutes

     90.50 Lease of certain state lands for cultivation and 
  harvesting of decorative trees.  

    Subdivision 1.    Commissioner of natural resources may 
 lease lands.  The commissioner of natural resources may lease 
 as herein provided any state lands under jurisdiction and 
 control of the commissioner for the purposes of cultivating and 
 harvesting stagnant swamp trees for Christmas trees or other 
 decorative purposes, except lands included in a state park and 
 except lands within the area defined by the Act of Congress 
 approved July 10, 1930, United States Code Annotated, title 16, 
 section 577.  Such leases shall be offered at public sale upon 
 like proceedings as provided by law for the sale of state timber.
 The appraisers in such proceedings shall determine and report 
 the annual rental value of the land and the location, estimated 
 quantity and stumpage value of the stagnant swamp trees and 
 other merchantable timber thereon.  

    Subd. 2.    Bids.  No bid shall be accepted which is 
 for less than the appraised price, and any bidding over and 
 above the appraised price shall be by percentage, a percent bid 
 to be added to the appraised rental value of the land and 
 stumpage value of the stagnant swamp trees in the same 
 proportion, provided that if no bids are received on a parcel 
 when offered, it may be leased at not less than the appraised 
 value at any time within one year thereafter, without reoffering 
 it for public sale.  

    Subd. 3.    Restrictions in leases.  Such leases shall 
 be subject to the following restrictions: 

    (a) The commissioner, by written order, shall determine 
 that the lands to be leased are not suitable for agricultural or 
 forestry use other than the growing of stagnant swamp trees of 
 no commercial value for other than decorative purposes, and that 
 they are lands which, under the general policy of the natural 
 resources department, would not be offered for sale; that in the 
 opinion of the commissioner, the use of such lands for the 
 cultivation and harvesting of stagnant swamp trees is in the 
 public interest and will best advance the conservation of the 
 resources of the state.  

    (b) All such leases shall be subject to sale and leasing of 
 the land for mineral purposes under legal provisions and shall 
 also be subject to cancellation by the commissioner of natural 
 resources for mining or exploration purposes, upon three months 
 written notice, and shall be subject to cancellation by the 
 commissioner for violation of any conditions of the lease after 
 giving the lessee written notice of alleged violations and at 
 least three months to rectify same.  

    (c) No such lease shall be made for a term to exceed 15 
 years.  

    (d) No individual, corporation or partnership shall hold at 
 any one time any lease or leases covering a total of more than 
 10,000 acres, and no lease shall cover a total of more than 
 5,000 acres.  The lease shall specify the annual rental to be 
 paid for the lands, and a stumpage value to be paid for stagnant 
 swamp trees harvested therefrom.  

    (e) Such lease shall provide that before it becomes 
 effective for any purpose, the lessee within 90 days from the 
 date of purchase, shall give a good and valid bond to the state 
 of Minnesota at double the sale value of all stumpage of 
 stagnant swamp trees covered or to be covered by the lease.  

    (f) Such lease shall confer no rights to cut commercial 
 timber other than the stagnant swamp trees.  

    (g) Such lease may prescribe such other terms and 
 conditions as to the use and improvement of such lands, the 
 manner of harvesting such trees, and other pertinent matter, as 
 the commissioner deems in the public interest.  

    (h) Such lease shall be assignable only with the written 
 approval of the commissioner of natural resources endorsed 
 thereon.  

    Subd. 4.    Form of lease; allocation of money received 
 under lease.  The form of the lease shall be approved by the 
 attorney general.  

    All money received under any such lease shall be credited 
 to the fund to which the land belongs.  

    Subd. 5.    Land rental in lieu of general property taxes 
 on leased lands; distribution of rentals.  State lands, 
 leased pursuant to subdivisions 1 to 4, for the purposes of 
 cultivating and harvesting stagnant swamp trees for Christmas 
 trees or other decorative purposes shall not be subject to 
 general property taxation during the term of such lease, and 
 section 273.19, shall not be applicable thereto, provided, 
 however, that an amount equal to the annual land rental shall be 
 paid in lieu of the general property tax to the county treasurer 
 of the county in which the lands are located at the same time 
 that such rentals are payable to the state, and shall be 
 distributed to the taxing districts in which located in 
 proportion to the local tax rates of such districts.  

    HIST: 1955 c 805 s 1; 1957 c 396 s 1; 1969 c 1129 art 10 s 2; 
 1986 c 444; 1988 c 719 art 5 s 84; 1989 c 329 art 13 s 20; 
 1Sp1989 c 1 art 2 s 11