84.0272 PROCEDURE IN ACQUIRING LANDS.
Subdivision 1. Acquisition procedure.
When the commissioner of natural resources is
authorized to acquire lands or interests in lands the procedure set forth in this section shall apply.
The commissioner of natural resources shall first prepare a fact sheet showing the lands to be
acquired, the legal authority for their acquisition, and the qualities of the land that make it a
desirable acquisition. The commissioner of natural resources shall cause the lands to be appraised.
An appraiser shall before entering upon the duties of office take and subscribe an oath to faithfully
and impartially discharge the duties as appraiser according to the best of the appraiser's ability
and that the appraiser is not interested directly or indirectly in any of the lands to be appraised
or the timber or improvements thereon or in the sale thereof and has entered into no agreement
or combination to purchase the same or any part thereof, which oath shall be attached to the
report of the appraisal. The commissioner of natural resources may pay less than the appraised
value, but shall not agree to pay more than ten percent above the appraised value, except that if
the commissioner pays less than the appraised value for a parcel of land, the difference between
the purchase price and the appraised value may be used to apply to purchases at more than the
appraised value. The sum of accumulated differences between appraised amounts and purchases
for more than the appraised amount may not exceed the sum of accumulated differences between
appraised amounts and purchases for less than the appraised amount. New appraisals may be
made at the discretion of the commissioner of natural resources.
Subd. 2. Stream easements.
(a) Notwithstanding subdivision 1, the commissioner may
acquire permanent stream easements for angler access, fish management, and habitat work for
a onetime payment based on a value attributed to both the stream and the easement corridor.
The payment shall equal:
(1) the per linear foot of stream within the easement corridor times $5; plus
(2) the easement corridor acres times the estimated market value.
(b) The estimated market value is equal to:
(1) the total farm market value plus the timberlands value; divided by
(2) the acres of deeded farmland plus the acres of timber.
(c) The total farm market value, timberlands value, acres of deeded farmland, and acres of
timber are determined from data collected by the Department of Revenue during its annual spring
mini abstract survey. The commissioner must use the most recent available data for the city or
township within which the easement corridor is located.
(d) The commissioner shall periodically review the easement payment rates under this
subdivision to determine whether the stream easement payments reflect current shoreland market
values. If the commissioner determines that the easements do not reflect current shoreland
market values, the commissioner shall report to the senate and house of representatives natural
resources policy committees with recommendations for changes to this subdivision that are
necessary for the stream easement payment rates to reflect current shoreland market values. The
recommendations may include an adjustment to the dollar amount in paragraph (a), clause (1).
Subd. 3. Minimal value acquisition.
(a) Notwithstanding subdivision 1, if the commissioner
determines that lands or interests in land have a value less than $100,000, the commissioner
may acquire the lands for the value determined by the commissioner without an appraisal. The
commissioner shall make the determination based upon:
(1) up to the most recent assessed market value of the land or interests in land as determined
by the county assessor of the county in which the land or interests in land is located, plus ten
(2) a sale price of the land or interests in land, provided the sale occurred within the past year;
(3) the sale prices of comparable Department of Natural Resources land sales or acquisitions
of interests in land located in the vicinity and sold within the past year; or
(4) an appraisal of the land or interests in land conducted within the past year.
(b) In the event the value is less than $1,000, the commissioner may add a transaction
incentive, provided that the sum of the incentive plus the value of the land does not exceed $1,000.
Subd. 4. Agreement by landowner.
The commissioner shall utilize the valuation methods
prescribed in subdivisions 2 and 3 only with prior consent of the landowner from whom the state
proposes to purchase land or interests in land.
Subd. 5. Easement information.
Parties to an easement purchased under the authority
of the commissioner must:
(1) specify in the easement all provisions that are perpetual in nature;
(2) file the easement with the county recorder or registrar of titles in the county in which the
land is located; and
(3) submit an electronic copy of the easement to the commissioner.
History: 1975 c 144 s 1; 1980 c 458 s 10; 1984 c 553 s 1; 1986 c 444; 1987 c 404 s 92; 1989
c 335 art 1 s 67; 2002 c 366 s 1; 2004 c 262 art 2 s 1,2; 2007 c 57 art 1 s 21; 2007 c 131 art 2 s 1