222.025 RIGHT-OF-WAY, EASEMENT, PROCEDURE.
Subdivision 1. Application; mineral rights.
Any railroad company desiring a right-of-way
over any state-owned land, except tax-forfeited land, may make application therefor to the state
agency charged by law with jurisdiction over such land. The application shall be in such form as
the state agency to which application must be made prescribes. If such agency, with the approval
of the commissioner of administration of the state of Minnesota, determines that it is in the
public interest that the right-of-way be granted, the governor shall execute and deliver to such
railroad company an instrument in writing conveying an easement for right-of-way purposes over
the land designated by such agency, with the approval of said commissioner of administration.
Said easement shall continue so long as the land which is subject thereto shall be occupied by
the railroad company for railroad purposes. Every such easement shall reserve to the state all
minerals and mineral rights of whatever nature, with the right to enter upon said land to explore
for such minerals at any time, and the right to enter upon said land to mine and remove the same
upon six months' written notice from the state to the railroad company, provided, however, that
the state agency shall negotiate for a new location for said railroad right-of-way, if needed by
the railroad, over state land and when a new location has been procured, the railroad company
shall promptly move to the new location. If such written notice is given, the railroad company
shall, without any cost or obligation to the state, remove its railway and other structures from the
land for which the easement was given; and all property, of whatever nature, not removed by said
railroad company within said six-month period shall become, upon the expiration of said period,
the absolute property of the state. Upon the expiration of said period, all right, title, and interest of
the railroad company in and to such easement shall terminate and revert to the state without the
doing of any act by the state except the giving of the aforesaid notice. If such easement ceases
to be used by the railroad company for railroad purposes, the interest of the railroad company
also shall terminate and revert to the state, without the doing of any act by the state. As the
consideration for the granting of such easement by the state, the railroad company shall pay to
the commissioner of finance the fair market value of the land which is subject to the easement,
or that amount which is fixed by the Constitution and laws of this state as the minimum price
for the sale of such land, whichever is greater. No instrument conveying such easement shall be
executed by the governor until said amount has been paid to the state. The fair market value shall
be determined by the appraisal of the state agency charged by law with jurisdiction over said land,
and shall be subject to the approval of said commissioner of administration.
Subd. 2. Sums paid to state.
All sums paid to the state under subdivision 1 shall be credited
by the commissioner of finance to the proper fund to which the land belongs.
History: 1957 c 658 s 1,2; 1Sp1985 c 17 s 11; 2003 c 112 art 2 s 50