94.09 Sale and disposition of surplus state-owned land.
Subdivision 1. Applicability. 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. Certification required. 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. Notice to agencies; determination of surplus. 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. Executive council approval. 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. Report required. 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. Maintenance of land before sale. 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.
Official Publication of the State of Minnesota
Revisor of Statutes