2007 Minnesota Statutes

398.09 SPECIFIC POWERS.
Park district boards in addition to the foregoing general powers shall have these specific
powers:
(a) The power to regulate by ordinance the use of the waters of any lake lying wholly
within a park established under this chapter and the use of any lake shore which is within a park
established under this chapter and the waterfront immediately abutting such lake shore for not
to exceed 300 feet therefrom, by all persons, including persons boating, swimming, fishing,
skating, or otherwise, in, upon, or about said lake, lake shore, and abutting waterfront, subject to
regulation by the state of Minnesota.
(b) The power to acquire lands either within or without the park district for conversion into
forest reserves and for the conservation of the natural resources of the state, including streams,
lakes, submerged lands and swamplands, and to these ends may create parks, parkways, forest
reservations and other reservations and afforest, develop, improve, protect and promote the use of
the same in such manner as is conducive to the general welfare. These lands may be acquired
by the board, on behalf of the district, by gift or devise, by purchase or by condemnation. In
furtherance of the use and enjoyment of the lands controlled by it, the board may accept donations
of money or other property, or may act as trustee of land, money or other property and use and
administer the same as stipulated by the donor, or as provided in the trust agreement. The terms
of each trust shall first be approved by the district court before acceptance by the board. If the
park district includes all or part of more than one court district, approval shall be by the district
court of the court district having the largest area within the park district. In case of condemnation
the proceedings are to be instituted in the name of the district and conducted in the manner
provided in chapter 117 and acts now in effect and hereafter adopted amendatory thereof and
supplemental thereto. Either the fee or any lesser interest may be acquired as the board deems
advisable. Nothing herein contained shall authorize the board to:
(1) acquire real estate by purchase or condemnation which is located within the boundaries
of an incorporated statutory city or city unless the governing body of such statutory city or city
shall have consented thereto by resolution duly adopted; or
(2) acquire real estate by condemnation which is located outside the park district unless the
board of county commissioners of the county in which such property is located has consented
thereto by resolution duly adopted.
(c) The power, if the board finds that any lands which it has acquired are not necessary for
the purposes for which acquired, to dispose of such lands upon such terms as are advisable,
including the power to transfer such lands to other public corporations. Where lands which were
acquired by condemnation less than 20 years before are to be sold to private parties, the former
owners, or their heirs, successors or assigns, shall be notified in writing of the board's intent to
dispose of the properties and shall be given 20 days to purchase the property taken from them at
such price as the board shall deem fair compensation to the district for such property. The board
may lease any of its lands or permit their use for purposes consistent with the purposes for which
the lands were acquired upon such terms as are advisable. No such lands shall be sold without the
approval of the district court of the county in which the lands are situated.
(d) The power to fix, alter, charge, and collect fees, tolls, and charges for the use of facilities
of the park district, for services rendered by, or for any commodities furnished by, or for licenses
issued by, the board pursuant to ordinances authorized hereunder. All fines collected for any
violation of a board's ordinance shall be paid into the treasury of such park district board.
(e) The power to borrow, make, and issue negotiable bonds, notes, and other evidences of
indebtedness, subject to the provisions of sections 398.16 and 398.17, and to pledge its full faith,
credit, and taxing power to the payment thereof, and/or to secure the payment of such obligations
or any part thereof by mortgage, lien, pledge, deed of trust otherwise, on all or any of its property,
contracts, franchises, or revenues and to make such agreements with the purchasers or holders
of such notes, bonds or other evidences of indebtedness or with others in connection with the
same, whether issued or to be issued.
(f) The power to cooperate with or borrow from any governmental organization, state or
federal, or from any agency of the state or federal government for any purpose within the scope
of the authority of this corporation.
(g) The power to cooperate with any public or municipal corporation, with the counties and
with any private or public organization engaged in conservation, recreational activities, protection
of the public health and safety, prevention of water pollution, sanitation, and/or mosquito
abatement for any constructive purpose, and the power, upon request, to assume control of all
or a portion of any existing parks or park lands owned by any county government or municipal
corporation in the park district; such control shall be assumed only at the request of and by
agreement with the public authority in control of such parks or park lands. Thereupon such
parks or park lands may be developed, improved, protected, and operated as a park as in case of
lands otherwise acquired by the board. Such acquisition or assumption of control or operation
of a municipal park system by a park district shall in no way impair the authority and power of
such municipality to levy and collect taxes for park, playground, and recreational purposes, all
or part of such tax funds to be transferred to the park district for such uses as may be agreed
upon between the district and the municipality.
(h) The power to designate employees as police officers within the parks under the
jurisdiction and control of the board, and employees so designated may exercise all the powers
of police officers within the park lands under the jurisdiction and control of the board. Before
exercising these powers, each such employee shall take an oath and give a bond to the state in
such sum as the board prescribes for the proper performance of the employee's duties in such
respect. The board may contract with municipalities or with the county or counties for the
policing of park properties.
(i) The power to enter into an agreement under section 471.59 with any political subdivision,
governmental unit, or agency, including an elected park and recreation board in a city of the first
class, to expend public money, including bond proceeds, in its possession for any metropolitan
regional park purposes, including transferring money in its possession as a grant to other political
subdivisions, governmental units, or agencies, including an elected park and recreation board
in a city of the first class.
History: 1955 c 806 s 9; 1957 c 160 s 1; 1973 c 123 art 5 s 7; 1984 c 654 art 2 s 127;
1986 c 444; 2001 c 44 s 4