2002 Minnesota Statutes

     97A.141 Public water access sites. 

    Subdivision 1.    Acquisition; generally.  The 
 commissioner shall acquire access sites adjacent to public 
 waters and easements and rights-of-way necessary to connect the 
 access sites with public highways.  The land may be acquired by 
 gift, lease, or purchase, or by condemnation with approval of 
 the executive council.  An access site may not exceed seven 
 acres and may only be acquired where access is inadequate.  

    Subd. 2.    Acquisition; limitations.  Access sites may 
 not be acquired under this section adjacent to public waters 
 that are unmeandered or completely surrounded by land owned and 
 maintained for the purpose of an educational or religious 
 institution.  Access sites adjacent to public waters that 
 contain less than 200 acres within the meander lines may not be 
 acquired by condemnation and may only be acquired if: 

    (1) the public water contains at least 150 acres within the 
 meander lines; or 

    (2) the public waters are to be managed intensively for 
 fishing.  

    Subd. 3.    Maintenance.  The commissioner shall 
 maintain the sites, easements, and rights-of-way acquired under 
 this section.  The commissioner may make an agreement for the 
 maintenance of the site easements and rights-of-way with a 
 county board if the connecting public highway is a county 
 state-aid highway or county highway, or the town board if the 
 connecting highway is a town road.  The county board and town 
 board may spend money from its road and bridge funds for 
 maintenance under the agreement.  

    Subd. 4.    Cooperation with metropolitan governmental 
 units.  Local units of government owning lands adjacent to 
 public waters within the seven-county metropolitan area shall 
 cooperate with the commissioner to use those lands for public 
 access purposes when identified by the commissioner under 
 subdivision 1.  If cooperation does not occur, the commissioner 
 may use condemnation authority under this section to acquire an 
 interest in the local government lands for public access 
 purposes. 

    Subd. 5.    Hunting generally prohibited.  A person may 
 not hunt on water access sites unless allowed by rule of the 
 commissioner. 

    HIST: 1986 c 386 art 1 s 27; 1991 c 254 art 2 s 26; 1991 c 259 
 s 19