2004 Minnesota Statutes

     94.343 Class A land exchanged; conditions. 

    Subdivision 1.    General exchange provisions.  Except 
 as otherwise herein provided, any Class A land may, with the 
 unanimous approval of the board, be exchanged for any publicly 
 held or privately owned land in the manner and subject to the 
 conditions herein prescribed.  The commissioner, with the 
 approval of the board, shall formulate general programs of 
 exchange of Class A land designed to serve the best interests of 
 the state in the acquisition, development, and use of lands for 
 purposes within the province of the Department of Natural 
 Resources. 

    Subd. 2.    Lands devoted to specific public use.  
 Except as herein expressly prohibited, Class A land may be 
 exchanged, though devoted to a specific public use, if the use 
 is discretionary and the authority in charge thereof shall 
 approve the exchange, or if the commissioner, with the approval 
 of the board, shall determine that the exchange will not 
 materially curtail the activity or project for which the land is 
 used; provided, that exchanges of land belonging to any state 
 forest, game preserve, conservation area, or other territory 
 designated by law for particular purposes shall be made so as to 
 consolidate or fill out the state's holdings of land therein, 
 and not materially to reduce the same. 

    Subd. 3.    Substantially equal value required.  (a) 
 Except as otherwise herein provided, Class A land shall be 
 exchanged only for land of at least substantially equal value to 
 the state, as determined by the commissioner, with the approval 
 of the board.  For the purposes of such determination, the 
 commissioner shall cause the state land and the land proposed to 
 be exchanged therefor to be examined and appraised by qualified 
 state appraisers as provided in section 84.0272; provided, that 
 in exchanges with the United States or any agency thereof the 
 examination and appraisal may be made in such manner as the land 
 exchange board may direct.  The appraisers shall determine the 
 fair market value of the lands involved, disregarding any 
 minimum value fixed for state land by the state Constitution or 
 by law, and shall make a report thereof, together with such 
 other pertinent information respecting the use and value of the 
 lands to the state as they deem pertinent or as the commissioner 
 or the board may require.  Such reports shall be filed and 
 preserved in the same manner as other reports of appraisal of 
 state lands.  The appraised values shall not be conclusive, but 
 shall be taken into consideration by the commissioner and the 
 board, together with such other matters as they deem material, 
 in determining the values for the purposes of exchange. 

    (b) For the purposes of this subdivision, "substantially 
 equal value" means: 

    (1) where the lands being exchanged are both over 100 
 acres, their values do not differ by more than ten percent; and 

    (2) in other cases, the values of the exchanged lands do 
 not differ by more than 20 percent. 

    Subd. 4.    Reservations.  There shall be reserved to 
 the state in all Class A land conveyed in exchange all mineral 
 and water power rights and such other rights and easements as 
 the commissioner, with the approval of the board, shall direct.  
 All Class A land which at the time of exchange is subject to the 
 provisions of section 103G.545 shall remain subject thereto as a 
 condition of the exchange, and all land received by the state in 
 exchange for Class A land within the area to which those 
 provisions apply shall become subject thereto.  Land may be 
 received in exchange subject to any mineral reservations or 
 other reservations thereon.  All such reservations and 
 conditions shall be taken into consideration in determining the 
 value of the lands exchanged.  

    Subd. 5.    Obtaining land of greater value.  Class A 
 land may be exchanged for land of greater value if the other 
 party to the exchange shall waive payment for the difference or 
 if there is an appropriation available for the acquisition of 
 such land from which the difference may be paid.  

    Subd. 6.    Obtaining land of less value.  Class A land 
 may be exchanged for land of less value in any case where 
 disposal of the state land is not limited by the state 
 Constitution to public sale, provided the other party to the 
 exchange shall pay to the state the amount of the difference in 
 value either upon consummation of the exchange or by deferred 
 payment, as the commissioner, with the approval of the board, 
 may direct.  In case of deferred payment, a certificate of sale 
 of the state land shall be issued to the other party as in case 
 of sale of state public land, crediting the value of the land 
 received by the state in exchange as an initial payment, and 
 providing for payment of the balance upon like terms and subject 
 to like conditions as in case of such sale; provided, that the 
 commissioner, with the approval of the board, may require a 
 further initial cash payment and may shorten the time for 
 payment of the balance.  Money received in such cases shall be 
 credited to the same fund as in case of sale of the land, if 
 such fund exists, otherwise to the special fund, if any, from 
 which the cost of the land was paid, otherwise to the general 
 fund.  

    Subd. 7.    Public hearing.  Before giving final 
 approval to any exchange of Class A land, the board shall hold a 
 public hearing thereon at the capital city or at some place 
 which it may designate in the general area where the lands 
 involved are situated; provided, that the board may direct such 
 hearing to be held in its behalf by any of its members or by the 
 commissioner or by a referee appointed by the board.  The 
 commissioner shall furnish to the auditor of each county 
 affected a notice of the hearing signed by the state auditor as 
 secretary of the board, together with a list of all the lands 
 proposed to be exchanged and situated in the county, and the 
 county auditor shall post the same in the auditor's office at 
 least two weeks before the hearing.  The county auditor shall 
 also cause a copy of the notice, referring to the list of lands 
 posted, to be published at least two weeks before the hearing in 
 a legal newspaper published in the county.  The cost of 
 publication of the notice shall be paid by the state out of any 
 moneys appropriated for the expenses of the board. 

    Subd. 8.    Proposals for exchange.  The commissioner, 
 with the approval of the board, may submit a proposal for 
 exchange of Class A land to any land owner concerned.  Any land 
 owner may submit to the commissioner and the board a proposal 
 for exchange in such form as the commissioner, with the approval 
 of the board, may prescribe. 

    Subd. 9.    Approval by attorney general.  No exchange 
 of Class A land shall be consummated unless the attorney general 
 shall have given an opinion in writing that the title to the 
 land proposed to be conveyed to the state is good and 
 marketable, free from all liens and encumbrances except 
 reservations herein authorized.  If required by the attorney 
 general, the land owner shall submit an abstract of title and 
 make and file with the commissioner an affidavit as to 
 possession of the land, improvements, liens, and encumbrances 
 thereon, and other matters affecting the title.  

    Subd. 10.    Conveyance.  Conveyance of Class A land 
 given in exchange shall be made by deed executed by the 
 commissioner in the name of the state, with a certificate of 
 unanimous approval by the board appended.  All such deeds 
 received by the state shall be recorded or registered in the 
 county in which the lands lie, and all recorded deeds and 
 certificates of registered title shall be filed in the office 
 having custody of the state public land records in the 
 Department of Natural Resources.  

    Subd. 11.    Trust; status.  Land received in exchange 
 for Class A land shall be subject to the same trust, if any, and 
 shall otherwise have the same status as the state land given in 
 exchange.  The commissioner, with the approval of the board, 
 shall determine accordingly the status of each tract of such 
 land received in exchange, and shall make and file a certificate 
 thereof in the office having custody of the state public land 
 records in the Department of Natural Resources. 

    Subd. 12.    Tax-forfeited land subject to sale.  When 
 an exchange of Class A tax-forfeited land, which is subject to 
 sale by county authorities is under consideration, the 
 commissioner may notify the county auditor to withdraw the land 
 from sale.  Thereupon the land shall be withdrawn from sale 
 until the proposed exchange is consummated or rejected, of which 
 the commissioner shall notify the county auditor. 

    HIST: 1941 c 393 s 3; 1949 c 373 s 2; 1961 c 326 s 1; 1969 c 
 399 s 1; 1969 c 522 s 1; 1969 c 1129 art 10 s 2; 1975 c 271 s 6; 
 1984 c 643 s 3; 1986 c 444; 1988 c 628 s 17; 1989 c 335 art 1 s 
 83; 1990 c 391 art 8 s 20; 1993 c 285 s 14