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Minnesota Legislature

Office of the Revisor of Statutes

CHAPTER 92. STATE LANDS; SALES, INVESTMENT OF PROCEEDS

Table of Sections
SectionHeadnote
92.01STATE PUBLIC LANDS OR STATE LANDS.
92.02AUTHORITY.
92.025SCHOOL TRUST LAND DEFINITION.
92.03MINIMUM PRICE OF LANDS.
92.04MINIMUM PRICE OF CERTAIN STATE LANDS.
92.05SALT LANDS, BY WHOM SOLD.
92.06PAYMENTS; INTEREST.
92.07SALES BY SUBDIVISIONS.
92.08SURVEYS AND RESURVEYS.
92.09Repealed, 2004 c 262 art 1 s 41
92.10MAPS AND PLATS.
92.11Repealed, 2004 c 262 art 1 s 41
92.115VALUATION OF STATE LANDS; MINIMUM BID.
92.12APPRAISAL OF SCHOOL AND OTHER STATE LANDS.
92.121PERMANENT SCHOOL FUND LANDS.
92.13STATE LANDS, DATE OF SALE.
92.14SALE, NOTICE.
92.145UNSOLD LANDS.
92.15APPLICATION.
92.16CERTIFICATE OF SALE.
92.163EXTENSION FOR PAYMENT ON STATE LAND CERTIFICATES.
92.165CERTIFICATE OF RELEASE.
92.17EFFECT OF CERTIFICATE; RECORD.
92.18CERTIFICATES, DIVIDED.
92.19ASSIGNMENT; EXTENSIONS OF PAYMENT.
92.20VOID SALES; REFUND.
92.21REDEMPTION OF FORFEITED STATE LANDS.
92.211TIME OF PAYMENT EXTENDED.
92.212CERTAIN LANDS PRESUMED ABANDONED.
92.213LIMITATION OF ACTIONS.
92.214CERTIFICATES DEEMED CANCELED IN CERTAIN CASES.
92.215TAXES CANCELED.
92.22Repealed, 1999 c 243 art 13 s 21
92.23PAYMENTS; RECEIPTS.
92.24MONEY PAID TO COMMISSIONER OF FINANCE.
92.25Repealed, 1988 c 628 s 24
92.26STATEMENT OF SALES.
92.27COMMISSIONER'S REPORT ON CLOSE OF SALE.
92.28PROCEEDS OF SALES; DISTRIBUTION.
92.29LAND PATENTS.
92.30STATE TO SELL CERTAIN LANDS.
92.31STATE MAY EXCHANGE LAND.
92.32GOVERNOR TO EXECUTE CONVEYANCES.
92.321SALE FOR FORESTRY PURPOSES.
92.33Repealed, 1969 c 9 s 12
92.34COUNTY LAND CLASSIFICATION COMMITTEE.
92.35DUTIES AND POWERS.
92.36LANDS CLASSIFIED.
92.37REPORT TO LEGISLATURE.
92.38Renumbered 94.341
92.39Renumbered 94.342
92.40Renumbered 94.343
92.41Renumbered 94.344
92.42Renumbered 94.345
92.43Renumbered 94.346
92.44Renumbered 94.347
92.45STATE LAND ON MEANDERED LAKES WITHDRAWN FROM SALE.
92.46LANDS AS CAMPGROUNDS.
92.461PEAT LANDS.
92.47Repealed, 1963 c 567 s 6
92.48Repealed, 1963 c 567 s 6
92.49Repealed, 1963 c 567 s 6
92.50UNSOLD LANDS SUBJECT TO SALE MAY BE LEASED.
92.501LEASING OF LANDS FOR WILD RICE FARMING.
92.51TAXATION; REDEMPTION; SPECIAL CERTIFICATE.
92.52Renumbered 94.351
92.53Repealed, 1969 c 9 s 95
92.54Repealed, 1969 c 9 s 95
92.55Repealed, 1969 c 9 s 95
92.56Repealed, 1969 c 9 s 95
92.57Repealed, 1969 c 9 s 95
92.59Repealed, 1969 c 9 s 95
92.62Repealed, 1969 c 9 s 95
92.67HORSESHOE BAY LAND SALE.
92.68Repealed, 1986 c 449 s 6; 1991 c 219 s 6
92.685LAND MANAGEMENT ACCOUNT.
92.69ENDOWMENT ACCOUNT.
92.70LAND USE TRESPASS.
92.71DIRECT SALE TO DEPARTMENT EMPLOYEE PROHIBITED.
92.72PAYMENT OF TAXES AND ASSESSMENTS.
92.01 STATE PUBLIC LANDS OR STATE LANDS.
"State public lands" or "state lands" means school, swamp, university, internal improvement,
and other lands granted to the state by acts of Congress.
History: 1941 c 374 s 1; 1985 c 265 art 3 s 1
92.02 AUTHORITY.
Sales under this chapter must be conducted by the commissioner, a deputy of the
commissioner, or a competent person employed by the commissioner.
History: (6282) 1911 c 123 s 4; 1919 c 199 s 1; 1985 c 265 art 3 s 1; 2004 c 262 art 1 s 11
92.025 SCHOOL TRUST LAND DEFINITION.
For purposes of this chapter and chapter 94, "school trust land" means land granted by the
United States for use of schools within each township, swampland granted to the state, and
internal improvement land that are reserved for permanent school fund purposes under the
Minnesota Constitution, article XI, section 8, and land exchanged, purchased, or granted to
the permanent school fund.
History: 1988 c 628 s 5
92.03 MINIMUM PRICE OF LANDS.
    Subdivision 1. School lands. The price of school lands must be at least $5 an acre, including
the value of timber reproduction. No more than 100,000 acres of school lands may be sold in
one year. If a patent has been issued by the federal government to school land before 1864 and
the taxes on it have been paid for at least 35 years, the commissioner of finance may reduce the
minimum price of $5 an acre by the taxes paid to make the land salable.
    Subd. 2. University lands. The price of lands donated to the state by the United States by
act of Congress entitled "An act donating to the states of Minnesota and Oregon certain lands
reserved by Congress for the territories of Minnesota and Oregon, for university purposes,"
approved March 2, 1861, and by an act of Congress entitled "An act donating public lands to
the several states and territories which may provide colleges for the benefit of agriculture and
mechanic arts," approved July 2, 1862, must be at least $5 an acre, including the value of timber
reproduction. The commissioner shall sell them in accordance with this chapter.
    Subd. 3.[Repealed, 1965 c 45 s 73]
    Subd. 4. Internal improvement lands. When lands donated to the state under the eighth
section of an act of Congress entitled "An act to appropriate the proceeds of the sales of the public
lands, and to grant preemption rights," approved September 4, 1841, are sold, the money derived
from its sale must be invested, as provided by the Minnesota Constitution, article XI, section 8.
History: (6261, 6262, 6264, 6265) RL s 2404,2405,2407,2408; 1917 c 76 s 1; 1919 c 258
s 1; 1961 c 657 s 1; 1963 c 202 s 1,2; 1973 c 492 s 14; 1982 c 424 s 16; 1985 c 265 art 3 s 1;
1991 c 219 s 1; 2004 c 262 art 1 s 12; 1Sp2005 c 1 art 2 s 75
92.04 MINIMUM PRICE OF CERTAIN STATE LANDS.
Lands selected for state institutions under an act of the legislature entitled "An act to
appropriate swamp lands to certain educational and charitable institutions and for the purpose of
creating a state prison," approved February 13, 1865, and lands known as State Capitol lands,
must be sold as school lands are sold. The price of lands belonging to the state by virtue of the
Congressional acts in this section and section 92.03 must be at least $5 an acre, including the
value of timber reproduction. The terms of payment and conditions of sale must be the same as
provided by law. When state lands have been benefited by and assessments paid for drainage,
the drainage improvements must be considered by the state land examiner in making appraisals.
When the drained lands are sold, the principal and interest paid on it must be credited by the
commissioner to the proper fund to which the land belongs.
History: (6266) RL s 2409; 1907 c 366 s 1; 1909 c 118 s 1; 1963 c 202 s 3; 1985 c 265 art 3
s 1; 2004 c 262 art 1 s 13
92.05 SALT LANDS, BY WHOM SOLD.
The Board of Regents of the University of Minnesota shall have charge of the state salt lands
donated by the United States to aid in the development of the brines in the state. The Board of
Regents may sell these lands. The university may execute, in its name, deeds of conveyance of
these lands. The proceeds of the sale of the lands when invested constitute a permanent fund,
called the university salt land fund. The University Board of Regents shall control and manage
the university salt land fund.
The university salt land fund is considered a nonstate source for purposes of section 137.022,
subdivision 3
. The Board of Regents may use the income from the fund to match income from the
permanent university fund for use by the university campuses at Crookston, Duluth, Morris, and
Waseca for the purposes set forth in section 137.022, subdivision 3.
History: (6263) RL s 2406; 1985 c 265 art 3 s 1; 1988 c 703 art 1 s 8
92.06 PAYMENTS; INTEREST.
    Subdivision 1. Terms for land sales held before July 1, 2004. (a) The terms of payment
on the sale of state public lands held before July 1, 2004, must be as follows: The purchaser
shall pay in cash at the time of sale the appraised value of all timber and costs determined by
the commissioner to be associated with the sale including survey, appraisal, publication, deed
tax, filing fee, and similar costs. At least 15 percent of the purchase price of the land exclusive of
timber and associated costs must be paid in cash at the time of sale. The balance of the purchase
price must be paid in no more than 20 equal annual installments. Payments must be made by June
1 each year following the year in which the purchase was made, with interest at the rate in effect
at the time of sale, calculated under this subdivision, on the unpaid balances. Any installment
of principal or interest may be paid in advance, but part payment of an installment will not be
accepted. For the purpose of computing interest, any installment of principal not paid on June 1
shall be credited on the following June 1. The purchaser may pay the balance due on a sale
within 30 days of the sale with no interest due.
(b) Interest on unpaid balances must be computed as annual simple interest. The rate
of interest must be based on average effective interest rates on mortgage loans as provided in
paragraph (c).
(c) On or before December 31 of each year, the commissioner of natural resources shall
determine the rate from the average effective interest rate on loans closed using the Office of Thrift
Supervision series, formerly the Federal Home Loan Bank Board series, or its successor agency,
for the most recent calendar month, reported on a monthly basis in the latest statistical release of
the Board of Governors of the Federal Reserve System. This yield, rounded to the nearest quarter
of one percent, is the annual interest rate for sales of state land during the succeeding calendar year.
(d) For state land sales in calendar year 1993 after July 1, 1993, the rate is eight percent,
which is the September 1992 average from the Office of Thrift Supervision series, rounded to
the nearest quarter of one percent.
    Subd. 1a. Terms for land sales after July 1, 2004. Notwithstanding subdivision 1, for state
land sales on or after July 1, 2004, the purchaser must pay at the time of sale ten percent of the
total amount bid and the remainder of the payment is due within 90 days of the sale date. A
person who fails to make final payment within 90 days of the sale date is in default. On default,
all right, title, and interest of the purchaser or heirs, representatives, or assigns of the purchaser
in the premises shall terminate without the state doing any act or thing. A record of the default
must be made in the state land records of the commissioner.
    Subd. 2. Buildings or improvements. If there are buildings or other improvements upon
the land, their value must be determined separately and included in the purchase price. A person
must not remove, injure, or destroy a building or other improvement until an amount equal to its
determined value has been paid on the purchase price of the premises, in addition to any payment
required for timber. Violation of this provision is a gross misdemeanor.
    Subd. 3. Default. A person who fails to make a payment required under a certificate of sale
within 60 days from the date it becomes due is in default. On default, the certificate of sale shall
be deemed canceled, and all right, title, and interest of the purchaser or heirs, representatives, or
assigns of the purchaser, in the premises shall terminate without the doing by the state of any act
or thing. A record of the default must be made in the state land records of the commissioner. The
commissioner may prepare a certificate of default and file it with the county treasurer or record it
in the office of the county recorder of the county containing the property. The record or certificate
is prima facie evidence of the facts stated in it, but the cancellation and termination are effective
without it. This subdivision does not apply to a sale made before May 1, 1941.
    Subd. 4. Improvements, when payment not necessary. (a) If a person has made
improvements to the land and if: (1) the commissioner believes that person settled the land in
good faith as homestead land under the laws of the United States before it was certified to the
state, (2) the improvements were lawfully made by that person as a lessee of the state, or (3)
the commissioner determines, based on clear and convincing evidence provided by the person,
that the improvements were made by the person as an inadvertent trespasser, then the value
of the improvements must be separately determined and, if the settler, lessee, or inadvertent
trespasser purchases the land, the settler, lessee, or inadvertent trespasser is not required to pay
for the improvements. If another person purchases the land, that person must pay the owner of
the improvements, in addition to all other required payments, the determined amount for the
improvements.
(b) Payment for improvements must be made within 15 days of the auction sale, either in
cash or upon terms and conditions agreeable to the owner of the improvements. If payment for
improvements is not made in cash, and if there is no agreement between the parties within 15 days
of the auction sale, the commissioner may:
(1) sell the property to the second highest qualified bidder if that bidder submitted to
the commissioner's representative, at the auction sale, a written request to buy the property at
a specified price; or
(2) void the sale and reoffer the property at a subsequent sale.
(c) This subdivision does not apply unless the owner of the improvements makes a verified
application to the commissioner showing entitlement to the improvements before the first state
public sale at which the land is offered for sale. The applicant must appear at the sale and offer
to purchase the land for at least its determined value including all timber on it, and make the
purchase if no higher bid is received. Actions or other proceedings involving the land in question
begun before the sale must have been completed.
    Subd. 5. Further security. The commissioner may require of the purchaser security for the
payment of the deferred installments. The commissioner may recover the money and enforce any
security by action brought in the director's name.
History: (6267, 6268) RL s 2410,2411; 1915 c 13 s 1; 1941 c 374 s 2; 1973 c 492 s 14; 1976
c 181 s 2; 1982 c 531 s 1; 1985 c 265 art 3 s 1; 1986 c 444; 1988 c 718 art 7 s 1; 1993 c 285 s 6;
1997 c 216 s 71,72; 2004 c 262 art 1 s 14-18
92.07 SALES BY SUBDIVISIONS.
Sales of land by the commissioner must be made according to the subdivisions by the United
States surveys, unless the land has been subdivided into smaller parcels or lots, as provided in this
chapter. The land may not be sold in larger quantity than one quarter section.
History: (6269) RL s 2412; 1985 c 265 art 3 s 1
92.08 SURVEYS AND RESURVEYS.
(a) The commissioner may have surveys made to determine the correct boundaries or
description of the land or to dispose of it in convenient parcels. When the commissioner
determines that the interest of the state will be promoted, the commissioner may subdivide land
controlled by the commissioner into smaller parcels or city lots.
(b) When the commissioner believes that an injustice has been done the purchaser because of
an incorrect United States survey, the commissioner may have a resurvey made by a competent
surveyor. The surveyor shall prepare a plat showing the correct acreage of each subdivision
resurveyed and file it with the commissioner and with the county recorder of the proper county.
The commissioner may call in the land certificates affected by the resurvey and issue new ones.
The certificates must show the correct acreage and give full credit for all payments of principal
and interest made.
History: (6274, 6275) RL s 2417; 1917 c 197 s 1; 1976 c 181 s 2; 1985 c 265 art 3 s 1;
1986 c 444; 2004 c 262 art 1 s 19
92.09 [Repealed, 2004 c 262 art 1 s 41]
92.10 MAPS AND PLATS.
    Subdivision 1. Map recorded. When the commissioner subdivides land into small parcels
or city lots, a map of the subdivision shall be recorded with the county recorder of the county
containing the land.
    Subd. 2. Preparation. The commissioner shall prepare suitable maps or plats designating
school or other state lands owned by the state that are subject to sale. The maps or plats must
be printed and distributed with other printed matter in sufficient quantities to properly advertise
the sales provided by this chapter.
History: (6273, 6283) RL s 2416; 1911 c 123 s 5; 1973 c 123 art 5 s 7; 1976 c 181 s 2; 1985
c 265 art 3 s 1; 1986 c 444; 2004 c 262 art 1 s 20
92.11 [Repealed, 2004 c 262 art 1 s 41]
92.115 VALUATION OF STATE LANDS; MINIMUM BID.
    Subdivision 1. Land valuation required. Before offering any state land for sale under this
chapter, the commissioner must establish the value of the land. The commissioner shall have the
land appraised if the estimated market value is in excess of $50,000.
    Subd. 2. Minimum bid. The minimum bid for a parcel of land must include the estimated
value or appraised value of the land and any improvements and, if any of the land is valuable
for merchantable timber, the value of the merchantable timber. The minimum bid may include
expenses incurred by the commissioner in rendering the property salable, including survey,
appraisal, legal, advertising, and other expenses.
History: 2004 c 262 art 1 s 21
92.12 APPRAISAL OF SCHOOL AND OTHER STATE LANDS.
    Subdivision 1. Appraisers. The commissioner may have any school trust or other state lands
appraised. The appraisals must be made by regularly appointed and qualified state appraisers.
To be qualified, an appraiser must hold a state appraiser license issued by the Department of
Commerce. The appraisal must be in conformity with the Uniform Standards of Professional
Appraisal Practice of the Appraisal Foundation.
    Subd. 2. Valuation and appraisal. The appraiser shall view and appraise the lands, including
the merchantable timber and improvements on them, and make a report to the commissioner. The
valuation of the lands and the merchantable timber and improvements on them must each be
made. The minimum price established by the appraisal is the minimum price for the lands until
changed by later appraisal. The price may not be less than $5 an acre.
    Subd. 3.[Repealed, 1961 c 657 s 3]
    Subd. 4. Sales. The commissioner shall hold frequent sales of school trust and other state
lands. The commissioner shall sell lands the commissioner considers best for the public interest.
    Subd. 5. Sale of land and timber. When the appraisal or other reports show that the land
is mainly valuable for agricultural purposes and contains only small quantities of timber, the
commissioner may either sell the timber separately as provided by law for state timber sales or
sell the land as agricultural land. If the land is sold as agricultural land the purchaser must pay
down as first payment an amount equal to the value of the timber, in addition to the first payment
required on the land. If the appraisal and other reports show land should be sold for continuous
forest production or other conservation purpose, the commissioner may require that the full
appraised value of land and timber must be paid by the purchaser at the time of purchase.
    Subd. 6. Drainage. The appraisers must report to the commissioner lands that they believe
should be drained. After the state has constructed or has been assessed for a public ditch or drain,
the lands assessed or improved must be reappraised before being offered for sale.
History: (6277, 6438) 1911 c 90 s 5; 1911 c 196 s 1; Ex1919 c 17 s 1; 1927 c 332 s 1;
Ex1933 c 22 s 1; 1941 c 374 s 3; 1959 c 589 s 1; 1963 c 171 s 2; 1985 c 265 art 3 s 1; 1986 c
444; 1991 c 219 s 2; 2004 c 262 art 1 s 22-25
92.121 PERMANENT SCHOOL FUND LANDS.
The commissioner of natural resources shall exchange permanent school fund land as defined
in the Minnesota Constitution, article XI, section 8, located in state parks, state recreation areas,
wildlife management areas, scientific and natural areas, or state waysides or on lands managed by
the commissioner as old growth stands, for other lands as allowed by the Minnesota Constitution,
article XI, section 10, and section 94.343, subdivision 1, that are compatible with the goal of the
permanent school fund lands in section 127A.31 when, as a result of management practices
applied to the permanent school fund lands and associated resources, revenue generation has
been diminished or is prohibited and no alternative has been put into effect to compensate the
permanent school fund for the income losses.
History: 1985 c 116 s 1; 1998 c 397 art 11 s 3; 2004 c 262 art 2 s 5
92.13 STATE LANDS, DATE OF SALE.
The commissioner shall hold public sales of school and other state lands when it is
advantageous to the state and to intending buyers and settlers.
History: (6279) 1911 c 123 s 1; 1913 c 8 s 1; 1923 c 6 s 1; 1985 c 265 art 3 s 1; 1991 c 219 s 3
92.14 SALE, NOTICE.
    Subdivision 1. Time. At least 30 days before a sale, the commissioner shall give published
notice of the sale in each county containing land to be sold, and in the county where the sale will
be held. If there is no newspaper published in the county, posted notice in the county courthouse
must be given. The commissioner shall also provide electronic notice of sale. On or before the
day of sale, the commissioner may withdraw any lands.
    Subd. 2. Contents. The notice must contain the following information:
(1) the time and place for the holding of the sales;
(2) a general statement of the terms of sale; and
(3) the place where lists of lands to be offered for sale may be obtained.
    Subd. 3. Additional advertising of land sales. In addition to notice of land sales required
by subdivision 1, the commissioner shall publicize land sales in Minnesota and elsewhere to the
greatest extent possible, consistent with appropriations available for that purpose.
History: (6278, 6280) RL s 2419; 1911 c 123 s 2; 1985 c 265 art 3 s 1; 1988 c 718 art 7 s 2;
1991 c 219 s 4; 1993 c 285 s 7; 2004 c 262 art 1 s 26
92.145 UNSOLD LANDS.
Except for school trust lands, parcels remaining unsold after the public sale offering may be
sold to anyone agreeing to pay the minimum bid established for the public sale. The sale shall
continue until all eligible parcels have been sold or the commissioner withdraws the remaining
parcels from sale.
History: 2004 c 262 art 1 s 27
92.15 APPLICATION.
All other requirements and provisions relating to the sale of school and other state lands
apply to sales made under sections 92.02, 92.10, 92.13, and 92.14.
History: (6281) 1911 c 123 s 3; 1985 c 265 art 3 s 1
92.16 CERTIFICATE OF SALE.
    Subdivision 1. Contents; default, resale. At the time of the sale the commissioner shall
execute, acknowledge, and deliver to the purchaser a certificate of sale, numbered and made
assignable, certifying the description of the land sold, its quantity, the price per acre, the
consideration paid and to be paid, and the time and terms of payment. A certificate must not be
delivered until the sum required by law to be paid at the time of the sale is paid. If the purchaser
fails to pay the sum, the commissioner may reoffer the land for sale, but a bid may not be accepted
from the person failing to pay the original offer. If the purchaser pays in full at the time of sale,
the commissioner is not required to issue a certificate of sale.
    Subd. 2. Default in payment of interest; resale. Upon cancellation of any certificate of sale
the commissioner may without notice take possession of the lands described in the certificate and
resell them at public auction in the same manner and under the same rules as provided for the first
sale. When the commissioner has reappraised, advertised, and publicly offered the lands for sale,
the state is deemed to have reentered the lands without any other act, but this is not essential to
cancellation of the certificate of sale and does not extend any rights of any person claiming under
the certificate. The purchaser at the sale is entitled to immediate possession. If the land is not sold
after cancellation of a certificate of sale, it is unsold land of the state, free of rights claimed by any
person under the certificate whether in actual or constructive possession.
    Subd. 3. Application. Mason's Supplement 1940, section 6285, as it existed before the
passage of Laws 1941, chapter 374, applies to all state lands of any kind referred to in it sold
after the passage of Extra Session Laws 1933-1934, chapter 39, January 5, 1934, and before May
1, 1941. Mason's Minnesota Statutes of 1927, section 6285, as it existed before the passage of
chapter 39, applies to all state lands sold before the passage of chapter 39, as if chapter 39 and
Laws 1941, chapter 374, had not been enacted. Section 6285, as amended by Laws 1941, chapter
374, applies to all state lands sold after April 30, 1941.
    Subd. 4. Lands repossessed or reentered. If state lands sold before the passage of Extra
Session Laws 1933-1934, chapter 39, January 5, 1934, have been repossessed or reentered before
the passage of Laws 1941, chapter 374, in accordance with Mason's Minnesota Statutes of 1927,
section 6285, as it existed before the passage of chapter 39, the reentry or repossession is valid
for all purposes.
    Subd. 5. Lands sales after July 1, 2004. Notwithstanding subdivisions 1 to 4, no certificate
of sale shall be issued for land sold on or after July 1, 2004. The terms of payment for land sales
on or after July 1, 2004, are as provided in section 92.06, subdivision 1a.
History: (6284, 6285) RL s 2420,2421; Ex1934 c 39 s 1; 1941 c 374 s 4; 1985 c 265 art
3 s 1; 1988 c 628 s 6; 1997 c 216 s 73; 2004 c 262 art 1 s 28
92.163 EXTENSION FOR PAYMENT ON STATE LAND CERTIFICATES.
    Subdivision 1. Limitation. The time for payment of the principal of any certificate of sale
of state public land sold before May 1, 1941, which has expired or will expire, is extended as
provided in this section.
    Subd. 2. Certificate holder to file application. Before the expiration of the time for the
payment of principal specified in the original certificate of sale, or any lawful extension, the
holder of the certificate shall file with the commissioner of natural resources an application for an
extension of time of payment in the form prescribed by the commissioner. The applicant shall
submit to the commissioner the certificate of sale or an affidavit of the circumstances if it has
been lost or destroyed, or cannot be produced for any other reason, together with other proof of
the applicant's rights required by the commissioner. At least 15 percent of the unpaid principal
must be paid with the application, together with all unpaid interest and penalties accrued. The
remaining unpaid principal, with interest, is payable as provided by Mason's Minnesota Statutes
1927, section 6267, as amended by Laws 1941, chapter 374. The rights of the certificate holder
and all other proceedings in the matter are subject to that section and other applicable laws, as if
the land has been sold under them on the date of the filing of the application for extension.
    Subd. 3. Certificate of extension. Thereupon the time for payment is extended. The
commissioner shall issue a certificate of extension in form approved by the attorney general, and
the original certificate shall be deemed modified in accordance with it. The duplicate of the
certificate must be attached to the duplicate original certificate of sale on record in the office of
the commissioner of natural resources.
    Subd. 4. Application of section 92.163. This section does not apply if the certificate of sale
has been absolutely terminated and made void, without right of redemption, or if the land has
become forfeited to the state for delinquent taxes.
History: 1943 c 469 s 1; 1969 c 1129 art 10 s 2; 1985 c 265 art 3 s 1
92.165 CERTIFICATE OF RELEASE.
    Subdivision 1. Release by commissioner. Whenever it appears (1) that the terms of a
certificate of sale of state public lands have been fully complied with entitling the owner to
a patent under the terms of the certificate; (2) that the patent has not been issued; and (3) that
after compliance, the lands were forfeited to the state for nonpayment of taxes accruing after
compliance, the commissioner shall, upon resolution of the county board of the county in which
the lands lie, issue a certificate reciting that there was compliance with the terms of the certificate
of sale before the forfeiture, and releasing the lands from the trust attached before their sale
as state public lands.
    Subd. 2. Delivery of certificate. The certificate must be delivered to the county auditor. The
county auditor must record it with the county recorder without payment of any recording fee.
    Subd. 3. Status of tax-forfeited lands. From the date of forfeiture, the title and status of the
lands is the same as that of other tax-forfeited lands.
History: 1945 c 169 s 1-3; 1976 c 181 s 2; 1985 c 265 art 3 s 1
92.17 EFFECT OF CERTIFICATE; RECORD.
A certificate of sale entitles the holder to possession of the land described in it, but the fee
remains in the state until a patent is issued. The certificates, assignments, and patents may be
recorded with the county recorder.
History: (6287) RL s 2423; 1976 c 181 s 2; 1985 c 265 art 3 s 1; 2005 c 4 s 19
92.18 CERTIFICATES, DIVIDED.
When the holder of a certificate surrenders it to the commissioner with a request to divide the
land described in it, the commissioner may issue two or more certificates. No new certificate may
be issued while any interest is delinquent or if the commissioner believes that the security of the
state would be impaired or endangered. An applicant who requests a division by boundaries other
than regular government or state subdivisions must file with the application a plat and survey
showing the lines of, and the quantity of land in, each subdivision.
History: (6288) RL s 2424; 1985 c 265 art 3 s 1
92.19 ASSIGNMENT; EXTENSIONS OF PAYMENT.
When a certificate or partial interest in a certificate is assigned, the assignment must be
made on a form prescribed by the commissioner, executed by the assignor and assignee, and
consented to by the commissioner. An assignment of a partial interest shall recite that payment
in full has been made to the commissioner.
When the assignee satisfies the terms of the assignment and corresponding terms of the
certificate, the commissioner shall issue a deed or patent to the assignee.
History: (6286) RL s 2422; 1985 c 265 art 3 s 1; 1989 c 335 art 1 s 79; 1993 c 285 s 8
92.20 VOID SALES; REFUND.
A sale made by mistake, or not in accordance with law, or obtained by fraud, is void,
and the certificate issued on it is void. The holder of a void certificate must surrender it to the
commissioner who, except in cases of fraud on the part of the purchaser, shall refund to the
holder the money paid on the sale.
History: (6290) RL s 2425; 1985 c 265 art 3 s 1
92.21 REDEMPTION OF FORFEITED STATE LANDS.
    Subdivision 1. Conditions of redemption. If the holder of a certificate of sale of state land
sold before January 6, 1934, forfeits rights for failure to pay the interest due under the certificate,
the holder may redeem the rights as follows. Before resale at public auction of the lands described
in the certificate, the holder shall pay the commissioner of finance the amount of interest then
due and payable on the certificate, with interest at four percent from the time when it became
due. The payment is a redemption of the rights of the certificate holder, and the certificate is
reinstated, if the following conditions are met:
(1) If the default in payment occurred before July 1, 1941, the amount required for
redemption must be paid not later than December 31, 1941.
(2) If the default in payment occurred on or after July 1, 1941, the amount required for
redemption must be paid within six months after the default.
(3) If the time for payment of the principal specified in the certificate has expired but an
extension of time by law has not expired, the amount due on the principal with interest and all
other sums due the state on the land must be paid. After payment, a patent for the land must be
issued to the certificate holder as provided by law.
(4) No redemption is permitted if the time for payment of the principal as specified in the
certificate and its lawful extensions have expired, or if the certificate of sale has been absolutely
terminated and made void without right of redemption under any prior or existing law, or if the
land has become absolutely forfeited to the state for delinquent taxes.
(5) This section does not affect any proceedings for the resale of state public land unless
redemption is made before sale of the land to an actual purchaser.
    Subd. 2. Certificate void when land not redeemed. If a certificate of sale of state public
land sold before January 6, 1934, is canceled after default by reappraisal and reoffer of the land
for sale, and the default is not redeemed and the certificate reinstated as provided by this section,
the certificate is absolutely canceled and void, and all right, title, and interest of the purchaser or
heirs, representatives, or assigns of the purchaser, in the land terminate without further act of the
state. This subdivision does not preclude any other method of termination prescribed by law.
History: (6291) RL s 2426; Ex1934 c 39 s 2; 1939 c 353 s 1; 1941 c 374 s 5; 1985 c 265
art 3 s 1; 1986 c 444; 2003 c 112 art 2 s 50
92.211 TIME OF PAYMENT EXTENDED.
    Subdivision 1. Extension on certificates expiring before July 1, 1943. The time for
payment of the principal on every certificate of sale of state public land which has expired before
July 1, 1943, is extended to December 31, 1943, subject to payment of interest as provided by law
and to all other conditions of the certificate. Upon payment of the principal and interest and all
other sums due the state upon the land within the extended time, a patent for the land must be
issued to the holder of the certificate as provided by law.
    Subd. 2. Extension on certificates expiring after June 30, 1943. The time for payment of
the principal on every certificate of sale of state public land sold before May 1, 1941, which expires
after June 30, 1943, is extended for six months after the time specified in the certificate, subject to
payment of interest as provided by law and to all other conditions of the certificate. Upon payment
of the principal and interest and all other sums due the state upon the land within the extended
time, a patent for the land must be issued to the holder of the certificate as provided by law.
    Subd. 3. No extensions on void certificates. This section does not apply if the certificate of
sale has been absolutely terminated and made void without right of redemption under any prior or
existing law, or if the land has become absolutely forfeited to the state for delinquent taxes.
    Subd. 4. Failure to pay when due. If the full amount of principal with interest and all other
sums required to obtain a patent under a certificate of sale of state public land sold before May 1,
1941, is not paid before the expiration of the time allowed by law for payment of the principal,
the certificate is absolutely canceled and void, and all right, title, and interest of the purchaser or
heirs, representatives, or assigns of the purchaser, in the land terminate without further act of the
state. This subdivision does not preclude any other method of termination provided by law.
History: 1941 c 374 s 6; 1985 c 265 art 3 s 1; 1986 c 444
92.212 CERTAIN LANDS PRESUMED ABANDONED.
If full payment of the amount due the state for any state public land sold before May 1, 1941,
is not made before the expiration of the time prescribed in the certificate for full payment of the
principal or any extension of time provided by law, it is presumed that the purchaser and all
persons claiming under the purchaser abandoned the land and all right, title, interest in and claim
to it, and have released it absolutely to the state and its assigns.
History: 1941 c 374 s 7; 1985 c 265 art 3 s 1
92.213 LIMITATION OF ACTIONS.
If full payment of the amount due the state for any state public land sold before May 1, 1941,
is not made before the expiration of the time prescribed in the certificate for full payment of the
principal or any lawful extension of time, no action for the recovery or possession of the land
or for the enforcement of any right, title, interest in, or claim to it may be maintained by the
purchaser or any one claiming under the purchaser unless the action is commenced within one
year after the expiration of the time or extension.
History: 1941 c 374 s 8; 1985 c 265 art 3 s 1
92.214 CERTIFICATES DEEMED CANCELED IN CERTAIN CASES.
If the interest of the purchaser of a tract of state public land becomes forfeited to the state
for delinquent taxes, the certificates are canceled and terminated, and the land shall be held by
the state as unsold public land, free from right, title, interest, or claim of the purchaser or heirs,
representatives, or assigns of the purchaser, and free from any trust in favor of a taxing district.
History: 1941 c 374 s 9; 1985 c 265 art 3 s 1; 1986 c 444
92.215 TAXES CANCELED.
If the rights of a purchaser of state public land or heirs, representatives, or assigns of the
purchaser, have been absolutely terminated, all unpaid taxes and assessments against the land at
the date of the termination are canceled and the county auditor must record the termination.
History: 1941 c 374 s 10; 1985 c 265 art 3 s 1; 1986 c 444
92.22 [Repealed, 1999 c 243 art 13 s 21]
92.23 PAYMENTS; RECEIPTS.
The holder of a certificate of sale may pay the commissioner any amount due on the
certificate. The commissioner shall issue duplicate receipts specifying the date, the name and
address of the person making the payment, the amount paid, whether for principal or interest, the
fund to which it is applicable, and the number of the certificate. The receipt has the same effect
as if given by the commissioner of finance. The commissioner shall deliver one copy to the
holder of the certificate and retain one copy.
History: (6296, 6296-1) RL s 2428; 1929 c 200 s 1; 1941 c 374 s 11; 1985 c 265 art 3 s 1;
1988 c 628 s 7; 2003 c 112 art 2 s 50
92.24 MONEY PAID TO COMMISSIONER OF FINANCE.
The commissioner shall pay over all money received on account of certificates of sale to the
commissioner of finance for deposit as required by section 92.28 and other applicable laws.
History: (6298) RL s 2430; 1945 c 382 s 1; 1985 c 265 art 3 s 1; 1988 c 628 s 8; 2003 c
112 art 2 s 50
92.25 [Repealed, 1988 c 628 s 24]
92.26 STATEMENT OF SALES.
Before May 2 each year the commissioner shall prepare a statement showing the lands sold
in each county, the classes to which they belong, the numbers of the certificates of sale, the name
of the persons to whom each was issued, and the amount of principal and interest due on each
certificate on June 1. The commissioner shall forward copies of the statement to the governor
and to the commissioner of finance.
History: (6300) RL s 2432; 1985 c 265 art 3 s 1; 1988 c 628 s 9
92.27 COMMISSIONER'S REPORT ON CLOSE OF SALE.
The commissioner or the commissioner's designated agent shall act as clerk of land sales
made by the commissioner. Immediately after the close of all sales, the commissioner shall
prepare a report describing each tract sold, the amount for which it was sold, and the amount paid.
History: (6301) RL s 2433; 1985 c 265 art 3 s 1; 1988 c 628 s 10
92.28 PROCEEDS OF SALES; DISTRIBUTION.
(a) A portion of the proceeds from the sale, equal in amount to the survey, appraisal, legal,
advertising, and other expenses incurred by the commissioner in rendering the property salable
and included in the minimum bid amount, shall be remitted to the account from which the
expenses were paid and is appropriated and immediately available for expenditure in the same
manner as other money in the account.
(b) The remainder of the proceeds accruing from all sales by the commissioner of school,
university, internal improvement, or other state lands, or of pine timber upon state lands must be
deposited in the several permanent funds to which they, respectively, belong.
(c) Money received as interest on the funds, as penalties, or as rents of the lands, must be
deposited in the current or general funds to which they belong. Interest and penalties on the
internal improvement land fund, and rents of the land, must be compounded with the permanent
fund.
History: (6302) RL s 2434; 1985 c 265 art 3 s 1; 2004 c 262 art 1 s 29
92.29 LAND PATENTS.
The commissioner of natural resources shall sign and issue in the name of the state and under
the seal of the state a patent for the land described in any certificate of sale when the principal
and interest specified in the certificate of sale and all delinquent taxes due on the land have been
paid. The patent shall be issued to the purchaser named in the certificate of sale, or the purchaser's
successor in interest by execution, judicial, mortgage or tax sale, or the assignee, vendee, heir or
devisee of the purchaser, as shown by a properly certified abstract of title or other evidence if the
purchaser's successor is a person other than the purchaser named in the certificate of sale. If the
certificate of sale has become lost or destroyed, an affidavit stating that fact or a certified copy
of the certificate must be submitted by the applicant for a patent. When total payment is made
within 90 days of the sale, the commissioner shall sign and issue, in the name of the state and
under the seal of the state, a patent for the land sold.
History: (6295) RL s 2427; 1935 c 368 s 1; 1963 c 216 s 1; 1985 c 265 art 3 s 1; 1986 c
444; 1988 c 628 s 11; 1993 c 285 s 9; 2004 c 262 art 1 s 30
92.30 STATE TO SELL CERTAIN LANDS.
The department may sell any state-owned lands, including lands set apart as school forests
or other state forests, lying within the general boundaries of the Superior National Forest and
the Chippewa National Forest as the boundaries now exist or may hereafter be extended, to the
United States to be included as a part of either of these forests. The lands must be designated by
the Executive Council, upon the recommendation of the commissioner, for disposal to the United
States for that purpose. The purchase price paid at the sale by the commissioner for the state may
not exceed a maximum fixed by the Executive Council. All laws relating to the sale of state
swamp lands and state school lands apply to sales under this section.
History: (6302-1) 1929 c 246 s 1; 1985 c 265 art 3 s 1
92.31 STATE MAY EXCHANGE LAND.
The Executive Council may exchange lands acquired by the state by purchase, as set forth in
section 92.30, for lands of the United States of the same general character and of substantially the
same value that in its judgment will promote the best interests of the state. The council may set
the terms of the sale. It may accept or pay out of any available funds any cash differences needed
to effect an equitable exchange of lands. The Executive Council may have any lands acquired
under this section appraised by competent authority.
History: (6302-2) 1929 c 246 s 2; 1985 c 265 art 3 s 1
92.32 GOVERNOR TO EXECUTE CONVEYANCES.
To carry out sections 92.30 and 92.31 the governor may execute proper instruments of
conveyance in the name and under the seal of the state.
History: (6302-3) 1929 c 246 s 3; 1985 c 265 art 3 s 1
92.321 SALE FOR FORESTRY PURPOSES.
    Subdivision 1. Commissioner may sell lands. The commissioner of natural resources may
sell any unreserved state public land which in the commissioner's opinion is suitable for private
forest management.
    Subd. 2. Conditions of sale. Sales under this section must be public in the same manner
as other state land, after approval by the Executive Council. Land sold under this section must
be used exclusively for growing continuous forest crops in accordance with accepted sustained
yield practice. Not more than 1,280 acres of land may be offered in one parcel. The sale must
be for cash.
History: 1961 c 658 s 1,2; 1969 c 1129 art 10 s 2; 1985 c 265 art 3 s 1; 1986 c 444; 2004 c
262 art 1 s 31
92.33 [Repealed, 1969 c 9 s 12]
92.34 COUNTY LAND CLASSIFICATION COMMITTEE.
There must be a land classification committee in each county having 25 percent or more of
its land area delinquent for nonpayment of taxes, or where 25 percent or more of its land area
is owned by the state or the United States. The committee is composed of the county auditor,
the chair of the board of county commissioners, the county treasurer, the county surveyor, and
the county superintendent of schools. The chair of the board of county commissioners is chair of
the county land classification committee. In any county having a county agricultural agent, the
agent shall meet and advise with the committee. The committee must meet at the office of the
county auditor upon call of the county auditor.
History: (6302-6) 1933 c 436 s 2; 1985 c 265 art 3 s 1
92.35 DUTIES AND POWERS.
The commissioner of natural resources must classify all public and private lands in the state
by the use to which the lands are adapted, but principally as to adaptability to present known uses,
such as agriculture and forestry. This classification must be based on consideration of the known
physical and economic factors affecting use of the land. The commissioner must consult private,
state, and federal agencies concerned with land use. The commissioner may appoint advisory
committees of residents of the state concerned with and interested in land use. The advisory
committees shall serve without pay, at the pleasure of the commissioner. The advisory committee
must consider and report on land use problems submitted by the commissioner. The classification
must be done first in the counties having land classification committees. In determining the
land classification, the commissioner must consult and cooperate with the land classification
committee. The determination of the land classification committee is final.
History: (6302-7) 1933 c 436 s 3; 1969 c 9 s 13; 1981 c 356 s 110; 1983 c 289 s 115 subd 1;
1985 c 265 art 3 s 1; 1987 c 312 art 1 s 26 subd 2; 1993 c 163 art 1 s 9
92.36 LANDS CLASSIFIED.
Upon the basis of all of the facts concerning land use now obtainable and as provided in
sections 92.34 to 92.37 the commissioner of natural resources shall temporarily classify land
areas with reference to the known uses to which the areas are adapted or adaptable. A certified
copy of the temporary classification, together with a brief statement of the reasons for it, must
be recorded in the office of the county recorder in each county containing the lands classified.
No fees need be paid for this recording. After the temporary classification has been adopted
by the commissioner, none of the lands classified as nonagricultural may be sold or leased by
the state for agricultural purposes.
History: (6302-8) 1933 c 436 s 4; 1969 c 9 s 14; 1976 c 181 s 2; 1981 c 356 s 111; 1Sp1981
c 4 art 1 s 65; 1983 c 289 s 115 subd 1; 1985 c 265 art 3 s 1; 1987 c 312 art 1 s 26 subd 2;
1993 c 163 art 1 s 10
92.37 REPORT TO LEGISLATURE.
The commissioner shall report the results of the land classification to the legislature with any
recommendations deemed advisable.
History: (6302-9) 1933 c 436 s 5; 1969 c 9 s 15; 1981 c 356 s 112; 1985 c 265 art 3 s 1
92.38 [Renumbered 94.341]
92.39 [Renumbered 94.342]
92.40 [Renumbered 94.343]
92.41 [Renumbered 94.344]
92.42 [Renumbered 94.345]
92.43 [Renumbered 94.346]
92.44 [Renumbered 94.347]
92.45 STATE LAND ON MEANDERED LAKES WITHDRAWN FROM SALE.
All state lands bordering on or adjacent to meandered lakes and other public waters and
watercourses, with the live timber growing on them, are withdrawn from sale except as provided
in this section. The commissioner of natural resources may sell the timber as otherwise provided
by law for cutting and removal under conditions the commissioner prescribes. The conditions
must be in accordance with approved, sustained-yield forestry practices. The commissioner must
reserve the timber and impose other conditions the commissioner deems necessary to protect
watersheds, wildlife habitat, shorelines, and scenic features. Within the area in Cook, Lake, and
St. Louis Counties described in the act of Congress approved July 10, 1930, (Statutes at Large,
volume 46, page 1020), the timber on state lands is subject to restrictions like those now imposed
by the act on federal lands.
The following land is reserved for public travel: of all land bordering on or adjacent to
meandered lakes and other public waters and watercourses and withdrawn from sale, a strip
two rods wide, the ordinary high-water mark being its waterside boundary, and its landside
boundary a line drawn parallel to the ordinary high-water mark and two rods distant landward
from it. Wherever the conformation of the shore line or conditions require, the commissioner
must reserve a wider strip.
Except for sales under section 282.018, subdivision 1, when a state agency or any other
unit of government requests the legislature to authorize the sale of state lands bordering on
or adjacent to meandered lakes and other public waters and watercourses, the commissioner
shall evaluate the lands and their public benefits and make recommendations on the proposed
dispositions to the committees of the legislature with jurisdiction over natural resources. The
commissioner shall include any recommendations of the commissioner for disposition of lands
withdrawn from sale under this section over which the commissioner has jurisdiction. The
commissioner's recommendations may include a public sale, sale to a private party, acquisition
by the commissioner for public purposes, retention of a conservation easement for shoreland
preservation by the commissioner under chapter 84C, or a cooperative management agreement
with, or transfer to, another unit of government.
The commissioner may sell state lands bordering on or adjacent to the Mississippi River
or any lakes, waters, and watercourses in its bottom lands, desired or needed by the United
States government for, or in connection with, any project heretofore authorized by Congress, to
improve navigation in the Mississippi River at public sale according to law, as in other cases,
upon application by an authorized United States official. The application must describe the land
and include a map showing its location with reference to adjoining properties.
History: (6463) 1923 c 430 s 11; 1927 c 330 s 1; 1929 c 21 s 1; 1951 c 20 s 1; 1969 c 1129
art 10 s 2; 1985 c 265 art 3 s 1; 1986 c 444; 1999 c 231 s 123
92.46 LANDS AS CAMPGROUNDS.
    Subdivision 1. Public campgrounds. (a) The director may designate suitable portions of the
state lands withdrawn from sale and not reserved, as provided in section 92.45, as permanent state
public campgrounds. The director may have the land surveyed and platted into lots of convenient
size, and lease them for cottage and camp purposes under terms and conditions the director
prescribes, subject to the provisions of this section.
(b) A lease may not be for a term more than 20 years. The lease may allow renewal, from time
to time, for additional terms of no longer than 20 years each. The lease may be canceled by the
commissioner 90 days after giving the person leasing the land written notice of violation of lease
conditions. The lease rate shall be based on the appraised value of leased land as determined by
the commissioner of natural resources and shall be adjusted by the commissioner at the fifth, tenth,
and 15th anniversary of the lease, if the appraised value has increased or decreased. For leases that
are renewed in 1991 and following years, the lease rate shall be five percent of the appraised value
of the leased land. The appraised value shall be the value of the leased land without any private
improvements and must be comparable to similar land without any improvements within the same
county. The minimum appraised value that the commissioner assigns to the leased land must be
substantially equal to the county assessor's estimated market value of similar land adjusted by the
assessment/sales ratio as determined by the Department of Revenue.
(c) By July 1, 1986, the commissioner of natural resources shall adopt rules under chapter
14 to establish procedures for leasing land under this section. The rules shall be subject to
review and approval by the commissioners of revenue and administration prior to the initial
publication pursuant to chapter 14 and prior to their final adoption. The rules must address at
least the following:
(1) method of appraising the property; and
(2) an appeal procedure for both the appraised values and lease rates.
(d) All money received from these leases must be credited to the fund to which the proceeds
of the land belong.
Notwithstanding section 16A.125 or any other law to the contrary, for fiscal years 1999 and
2000, 100 percent, and thereafter, 50 percent, of the money received from the lease of permanent
school fund lands leased pursuant to this subdivision must be credited to the lakeshore leasing and
sales account in the permanent school fund and is appropriated for use to survey, appraise, and
pay associated selling, leasing, or exchange costs of lots as required in this section and Minnesota
Statutes 1992, section 92.67, subdivision 3. Any money designated for deposit in the permanent
school fund that is not needed to survey, appraise, and pay associated selling, leasing, or exchange
costs of lots, as required in this section, shall be deposited in the permanent school fund. The
commissioner shall add to the appraised value of any lot offered for sale or exchange the costs of
surveying, appraising, and disposing of the lot, and shall first deposit into the permanent school
fund an amount equal to the costs of surveying, appraising, and disposing of any lot paid out of
the permanent school fund. Any remaining money shall be deposited into any other contributing
funds in proportion to the contribution from each fund. In no case may the commissioner add
to the appraised value of any lot offered for sale or exchange an amount more than the actual
contract service costs of surveying, appraising, and disposing of the lot.
    Subd. 1a. Termination of leasing. Effective May 22, 1973, no new leases may be made
pursuant to subdivision 1. If substantial improvements have been made to land leased pursuant
to subdivision 1, the commissioner must require the lessee to comply with applicable county
ordinances for management of shoreland areas and must cancel any lease for noncompliance with
these standards unless the substandard use is authorized by the county ordinance.
    Subd. 2.[Repealed, 1975 c 353 s 41]
    Subd. 3. Lease rate increases. State land leased under subdivision 1, that have increased
lease rates effective on or after January 1, 1986, shall phase in the increased lease rates by three
equal annual increments, except that the lease rates shall be adjusted to reflect changes in the lease
rates resulting from rules adopted under subdivision 1.
    Subd. 4. Road expenditures. A county where state lands are leased under this section, may
spend money raised from the levy of property taxes for the maintenance and upgrading of roads
serving the leased property regardless of whether the roads are part of the county highway system.
History: (6464, 6465) 1923 c 430 s 12,13; 1973 c 479 s 3; 1985 c 265 art 3 s 1; 1Sp1985 c
14 art 17 s 1,3,5; 1986 c 444; 1986 c 449 s 1; 1987 c 404 s 110; 1988 c 718 art 7 s 3; 1990 c
452 s 1; 1992 c 363 art 1 s 14; 1993 c 172 s 48; 1995 c 186 s 26; 1995 c 220 s 89; 1997 c
7 art 1 s 21,22; 1999 c 231 s 124
92.461 PEAT LANDS.
    Subdivision 1. Peat lands withdrawn from sale. All lands now or hereafter owned by
the state which are chiefly valuable by reason of deposits of peat in commercial quantities are
withdrawn from sale.
    Subd. 2. Examination by commissioner of natural resources. Before any state land is
offered for sale the commissioner of natural resources must examine it to determine whether the
land is chiefly valuable by reason of deposits of peat in commercial quantities.
History: (6433-1, 2) 1935 c 322; 1949 c 453 s 1,2; 1969 c 1129 art 10 s 2; 1985 c 265 art
3 s 1
92.47 [Repealed, 1963 c 567 s 6]
92.48 [Repealed, 1963 c 567 s 6]
92.49 [Repealed, 1963 c 567 s 6]
92.50 UNSOLD LANDS SUBJECT TO SALE MAY BE LEASED.
    Subdivision 1. Lease terms. (a) The commissioner of natural resources may lease land under
the commissioner's jurisdiction and control:
(1) to remove sand, gravel, clay, rock, marl, peat, and black dirt;
(2) to store ore, waste materials from mines, or rock and tailings from ore milling plants;
(3) for roads or railroads; or
(4) for other uses consistent with the interests of the state.
(b) The commissioner shall offer the lease at public or private sale for an amount and
under terms and conditions prescribed by the commissioner. Commercial leases for more than
ten years and leases for removal of peat that cover 320 or more acres must be approved by the
Executive Council.
(c) The lease term may not exceed ten years except:
(1) leases of lands for storage sites for ore, waste materials from mines, or rock and tailings
from ore milling plants, or for the removal of peat may not exceed a term of 25 years;
(2) leases for the use of peat lands for agricultural purposes may not exceed 21 years; and
(3) leases for commercial purposes, including major resort, convention center, or recreational
area purposes, may not exceed a term of 40 years.
(d) Leases must be subject to sale and leasing of the land for mineral purposes and contain a
provision for cancellation for just cause at any time by the commissioner upon six months' written
notice. A longer notice period, not exceeding three years, may be provided in leases for storing
ore, waste materials from mines or rock or tailings from ore milling plants. The commissioner
may determine the terms and conditions, including the notice period, for cancellation of a lease
for the removal of peat and commercial leases.
(e) Money received from leases under this section must be credited to the fund to which
the land belongs.
    Subd. 2. Leases for tailings deposits. The commissioner may grant leases and licenses to
deposit tailings from any iron ore beneficiation plant in any public lake not exceeding 160 acres in
area after holding a public hearing in the manner and under the procedure provided in Laws 1937,
chapter 468, as amended and finding in pursuance of the hearing:
(a) that such use of each lake is necessary and in the best interests of the public; and
(b) that the proposed use will not result in pollution or sedimentation of any outlet stream.
The lease or license may not exceed a term of 25 years and must be subject to cancellation
on three years' notice. The commissioner may further restrict use of the lake to safeguard the
public interest, and may require that the lessee or licensee acquire suitable permits or easements
from the owners of lands riparian to the lake. Money received from the leases or licenses must
be deposited in the permanent school fund.
History: (6328) 1915 c 192 s 1; 1917 c 31; 1919 c 405 s 1; 1945 c 321 s 1; 1947 c 323 s 1;
1953 c 328 s 1; 1959 c 473 s 2; 1969 c 1129 art 10 s 2; 1981 c 328 s 1; 1985 c 265 art 3 s 1; 1986
c 398 art 18 s 1; 1986 c 444; 1988 c 628 s 12; 1993 c 113 art 1 s 1
92.501 LEASING OF LANDS FOR WILD RICE FARMING.
    Subdivision 1. Authority to lease. The commissioner of natural resources in consultation
with the commissioner of agriculture may, at a public or private lease sale and at the prices and
under the terms and conditions the commissioners may prescribe, lease any state-owned lands
under the commissioner's jurisdiction and control for the purpose of farming of wild rice. Priority
must be given to lands which are accessible and adjacent to existing wild rice production areas and
requested for leasing by wild rice producers. The term of a lease under this section must be offered
for a minimum of 20 years but may be for a shorter period at the option of the lessee. If a lease is
issued prior to the adoption of the rules for the implementation of this section and for a period of
less than 20 years, the lease must be converted to a minimum 20-year lease after the rules have
been adopted, at the option of the lessee. Leases must be accepted or denied within 60 days of
application. If a lease is denied, written notice must be given stating reasons for denial. The lease
rate must be adjusted every five years to reflect market values. The money received from the leases
under this section must be credited to the account that receives the proceeds of a sale of the land.
    Subd. 2. Wild rice land designation and development. The commissioner of natural
resources and the commissioner of agriculture shall prepare a plan that designates state land
for wild rice production including an inventory of the number of acres of land appropriate and
suitable for wild rice development and leasing in each county. Proposed mineral exploration does
not exempt land from being designated for wild rice development.
    Subd. 3. Rules. The commissioner of natural resources may adopt rules to implement this
section.
History: 1985 c 276 s 8; 1986 c 398 art 18 s 2,3
92.51 TAXATION; REDEMPTION; SPECIAL CERTIFICATE.
State lands sold by the director become taxable. A description of the tract sold, with the name
of the purchaser, must be transmitted to the proper county auditor. The auditor must extend the
land for taxation like other land. Only the interest in the land vested by the land sale certificate in
its holder may be sold for delinquent taxes.
History: (6323) RL s 2439; 1909 c 114 s 1; 1985 c 265 art 3 s 1; 1986 c 444; 1999 c 243
art 13 s 1
92.52 [Renumbered 94.351]
92.53 [Repealed, 1969 c 9 s 95]
92.54 [Repealed, 1969 c 9 s 95]
92.55 [Repealed, 1969 c 9 s 95]
92.56 [Repealed, 1969 c 9 s 95]
92.57 [Repealed, 1969 c 9 s 95]
92.59 [Repealed, 1969 c 9 s 95]
92.62 [Repealed, 1969 c 9 s 95]
92.67 MS 1992 [Repealed, 1986 c 449 s 6; 1991 c 219 s 6]
92.67 HORSESHOE BAY LAND SALE.
    Subdivision 1.[Repealed, 1986 c 449 s 6; 1991 c 219 s 6]
    Subd. 1a. Horseshoe Bay land sale postponed until July 1, 1998. The sale date of
December 31, 1993, listed in subdivision 1 shall be postponed until July 1, 1998, for all state
lands located in Section 16, Township 62N, Range 4E, Cook County. The commissioner shall
continue the existing leases until that time. The commissioner, in conjunction with the Cook
County board of commissioners shall prepare an integrated resource management plan and make
recommendations to the legislature on the future use of the lands in Section 16, Township 62N,
Range 4E, Cook County, by July 1, 1997.
    Subd. 2.[Repealed, 1986 c 449 s 6; 1991 c 219 s 6]
    Subd. 3.[Repealed, 1986 c 449 s 6; 1991 c 219 s 6]
    Subd. 4.[Repealed, 1986 c 449 s 6; 1991 c 219 s 6]
    Subd. 5.[Repealed, 1986 c 449 s 6; 1991 c 219 s 6]
    Subd. 5a.[Repealed, 1986 c 449 s 6; 1991 c 219 s 6]
    Subd. 6.[Repealed, 1986 c 449 s 6; 1987 c 404 s 191; 1991 c 219 s 6]
History: 1993 c 205 s 1
92.68 [Repealed, 1986 c 449 s 6; 1991 c 219 s 6]
92.685 LAND MANAGEMENT ACCOUNT.
The land management account is created in the natural resources fund. Money credited to
the account is appropriated annually to the commissioner of natural resources for the Lands and
Minerals Division to administer the road easement program under section 84.631.
History: 1Sp2005 c 1 art 2 s 76
92.69 ENDOWMENT ACCOUNT.
    Subdivision 1. Proceeds of land acquisition account. To ensure educational opportunities
provided by Minnesota scientific and natural areas as described in section 86A.05, subdivision 5,
are adequately available for present and future generations, the proceeds received under Laws
1986, chapter 449, sections 1 to 3 that are credited to the land acquisition account under section
94.165 must be spent on scientific and natural areas.
    Subd. 2. Account. (a) A natural areas legacy endowment account is established in the state
treasury. The commissioner of natural resources shall accept private contributions for educational
opportunities provided by scientific and natural areas and deposit the contributions in the account.
The principal deposited in the account shall be retained in the endowment account.
(b) The interest from the principal may be spent by the commissioner of natural resources
for the protection, management, and inventory of lands with rare and endangered species or
undisturbed plant communities that qualify as state scientific and natural areas under section
86A.05, subdivision 5.
History: 1986 c 449 s 4
92.70 LAND USE TRESPASS.
    Subdivision 1. Public land definition. "Public land" means publicly owned land or
interests in land including land and interests in land that are owned by the state, counties, or
road authorities, administered by the commissioner of natural resources, owned by the state as
beds of navigable waters, acquired as conservation easements with benefits running to the state,
a county, or the public under the conservation reserve program, water bank program, or other
state or county programs.
    Subd. 2. Casual trespass. (a) A person who uses public land for personal use or personal
economic gain where the use is prohibited is guilty of trespass and a petty misdemeanor and shall
be subject to a penalty not to exceed $50 per occurrence and is subject to a civil penalty for
twice the amount of actual damages.
(b) A person violating paragraph (a) may be issued a ticket by a sheriff, conservation officer,
or personnel of the department designated by the commissioner. The ticket must identify the
trespass, where the trespass occurred, and the official observing the trespass. A copy of the ticket
must be sent to the public agency responsible for managing the land.
(c) The civil penalty shall be paid to the public agency responsible for managing the public
land. A civil penalty paid to the state is appropriated to the state agency responsible for managing
the land to restore the damage and improve state land.
(d) Within 60 days after a ticket is issued, the public agency responsible for managing the
public land where the trespass occurred must make a determination of whether a civil penalty will
be sought for the trespass and notify the person.
    Subd. 3. Willful trespass. (a) A person who willfully and knowingly uses public land for
personal use or personal economic gain where the use is prohibited is guilty of trespass and
a misdemeanor and is liable to the state or county for a civil penalty three times the amount
of the damage.
(b) A person violating paragraph (a) may be issued a ticket and summons for a court
appearance. The prosecuting authority shall prosecute the misdemeanor and shall bring an action
for the civil penalty or, on failure to do so, the attorney general at the request of the public
agency responsible for managing the land may prosecute the misdemeanor and shall bring an
action for the civil penalty.
(c) Damages must be determined as the greater of:
(1) the cost to restore the public land to the condition it was in before the trespass occurred
plus an amount to compensate the public for the loss of use; or
(2) the economic gain realized by the person committing the trespass.
(d) The civil penalty shall be paid to the court and the court administrator shall pay:
(1) for a trespass on county land, the entire amount to the county to be used for restoration of
the trespass and county land improvement purposes;
(2) for a trespass on state land, the civil penalty to the state agency responsible for managing
the public land which is appropriated for restoration of the trespass and state land improvement
purposes.
    Subd. 4. Separate actions. The prosecution for criminal trespass and the civil penalty are
separate criminal and civil actions. If a trespass occurs, an action may be commenced for the
criminal penalty, the civil penalty, or the civil penalty and the criminal penalty.
History: 1989 c 353 s 12
92.71 DIRECT SALE TO DEPARTMENT EMPLOYEE PROHIBITED.
An employee of the Department of Natural Resources is prohibited from purchasing land
owned or formerly owned by the state and administered by the department for six months
following the transfer of title from the state to an organization or person not an employee of
the department.
History: 1991 c 176 s 1
92.72 PAYMENT OF TAXES AND ASSESSMENTS.
    Subdivision 1. Cancellation of certificate of sale. If the state acquires an interest in real
property prior to the cancellation of a certificate of sale or upon completion of the cancellation
process by advertisement or court order, the state must make provision to pay all taxes, interests,
costs, penalties, and assessments. The commissioner of natural resources must request the
certificate of sale vendee to make a good faith attempt to pay the debt. If the commissioner
determines that the vendee is unwilling or unable to pay the debt, the commissioner may pay
the debt and seek redress against the vendee.
    Subd. 2. Voluntary and involuntary reversions. (a) If a grantee on a certificate of sale
or state deed desires the state to exercise its reversionary interest in real property, the grantee
must pay all real estate taxes, costs, interest, penalties, and assessments on the property prior to
reversion.
(b) If a grantee on a certificate of sale or state deed breaches the contractual terms of the
certificate or deed, the commissioner of natural resources must request the grantee to make a good
faith attempt to pay all real estate taxes, costs, interest, penalties, and assessments on the property
prior to reversion. If the commissioner determines that the grantee is unwilling or unable to pay
the debt, the commissioner may pay the debt and seek redress against the grantee.
History: 1997 c 216 s 74