2007 Minnesota Statutes

103F.535 RESERVATION OF MARGINAL LAND AND WETLANDS.
    Subdivision 1. Reservation of marginal land and wetlands. (a) Marginal land and wetlands
are withdrawn from sale or exchange unless:
(1) notice of the existence of the nonforested marginal land or wetlands, in a form prescribed
by the Board of Water and Soil Resources, is provided to prospective purchasers; and
(2) the deed contains a restrictive covenant, in a form prescribed by the Board of Water
and Soil Resources, that precludes enrollment of the land in a state-funded program providing
compensation for conservation of marginal land or wetlands.
(b) This section does not apply to transfers of land by the Board of Water and Soil Resources
to correct errors in legal descriptions under section 103F.515, subdivision 8, or to transfers by the
commissioner of natural resources for:
(1) land that is currently in nonagricultural commercial use if a restrictive covenant would
interfere with the commercial use;
(2) land in platted subdivisions;
(3) conveyances of land to correct errors in legal descriptions under section 84.0273;
(4) exchanges of nonagricultural land with the federal government, or exchanges of Class
A, Class B, and riparian nonagricultural land with local units of government under sections
94.342, 94.343, and 94.344;
(5) land transferred to political subdivisions for public purposes under sections 84.027,
subdivision 10 , and 94.10; and
(6) land not needed for trail purposes that is sold to adjacent property owners and lease
holders under section 85.015, subdivision 1, paragraph (b).
(c) This section does not apply to transfers of land by the commissioner of administration
or transportation or by the Minnesota Housing Finance Agency, or to transfers of tax-forfeited
land under chapter 282 if:
(1) the land is in platted subdivisions; or
(2) the conveyance is a transfer to correct errors in legal descriptions.
(d) This section does not apply to transfers of land by the commissioner of administration or
by the Minnesota Housing Finance Agency for:
(1) land that is currently in nonagricultural commercial use if a restrictive covenant would
interfere with the commercial use; or
(2) land transferred to political subdivisions for public purposes under sections 84.027,
subdivision 10 , and 94.10.
    Subd. 2.[Repealed, 1992 c 502 s 7;1992 c 561 s 10]
    Subd. 3.[Repealed, 1992 c 502 s 7;1992 c 561 s 10]
    Subd. 4.[Repealed, 1992 c 561 s 10]
    Subd. 5. Release and alteration of conservation easements. Conservation easements
existing under this section, as of April 30, 1992, may be altered, released, or terminated by the
Board of Water and Soil Resources after consultation with the commissioners of agriculture and
natural resources. The board may alter, release, or terminate a conservation easement only if the
board determines that the public interest and general welfare are better served by the alteration,
release, or termination.
History: 1990 c 391 art 6 s 78; 1990 c 473 s 1,2; 1990 c 572 s 13; 1991 c 214 s 5; 1992 c
502 s 1; 1992 c 561 s 1,9; 1Sp2005 c 1 art 2 s 119