MS 1957 [Repealed, 1959 c 500 art 6 s 13
161.23 EXCESS ACQUISITION.
Subdivision 1. Acquisition of entire tract.
On determining that it is necessary to acquire any
interest in a part of a tract or parcel of real estate for trunk highway purposes, the commissioner of
transportation may acquire in fee, with the written consent of the owner or owners thereof, by
purchase, gift, or condemnation the whole or such additional parts of such tract or parcel as the
commissioner deems to be in the best interests of the state. Any owner or owners consenting to
such excess acquisition may withdraw the consent at any time prior to the award of commissioners
in the case of condemnation proceedings, or at any time prior to payment in the case of purchase.
In the event of withdrawal the commissioner shall dismiss from the condemnation proceedings
the portion of the tract in excess of what is needed for highway purposes.
Subd. 2. Conveyance of excess.
On acquiring real estate in excess of what is needed for trunk
highway purposes as authorized in subdivision 1, the commissioner of transportation shall, within
one year after the completion of the construction, reconstruction, or improvement of the highway
for which a portion of the real estate was needed and required, convey and quitclaim the excess
real estate to the highest responsible bidder, after receipt of sealed bids following mailed notice to
adjacent landowners and published notice of the sale for three successive weeks in a newspaper
or trade journal of general circulation in the territory from which bids are likely to be received.
All bids may be rejected and new bids received upon like advertisement. The deed may contain
restrictive clauses limiting the use of such real estate in the interests of safety and convenient
public travel when the commissioner finds that the restrictions are reasonably necessary.
Subd. 2a. Services of licensed real estate broker.
If the lands remain unsold after being
offered for sale to the highest bidder, the commissioner may retain the services of a licensed real
estate broker to find a buyer. The sale price may be negotiated by the broker, but must not be less
than 90 percent of the appraised market value as determined by the commissioner. The broker's
fee must be established by prior agreement between the commissioner and the broker, and must
not exceed ten percent of the sale price for sales of $10,000 or more. The broker's fee must be
paid to the broker from the proceeds of the sale.
Subd. 3. Leasing; proceeds allocated.
The commissioner may lease for the term between
the acquisition and sale thereof and for a fair rental rate and upon such terms and conditions as
the commissioner deems proper, any excess real estate acquired under this section, and any real
estate acquired in fee for trunk highway purposes and not presently needed for those purposes. All
rents received from the leases must be paid into the state treasury. Seventy percent of the rents
must be credited to the trunk highway fund. The remaining 30 percent must be paid to the county
treasurer where the real estate is located, and distributed in the same manner as real estate taxes.
This subdivision does not apply to real estate leased for the purpose of providing commercial and
public service advertising pursuant to agreements as provided in sections
fees collected under section
174.70, subdivision 2
Subd. 4. Limitation on construction of section.
Nothing contained in this section shall be
construed to prevent the commissioner from acquiring lands, real estate, or interests in lands or real
estate necessary for trunk highway purposes, without the consent of the owner or owners thereof.
Subd. 5. Receipts paid into trunk highway fund.
Money received from the sale of such
lands and properties less any fee paid under subdivision 2a must be paid into the trunk highway
History: 1959 c 500 art 2 s 23; 1973 c 544 s 1; 1976 c 166 s 7; 1980 c 494 s 6; 1980 c 533 s
7; 1985 c 108 s 1-3; 1986 c 444; 1Sp2001 c 8 art 2 s 16; 2004 c 295 art 2 s 11,15