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Minnesota Legislature

Office of the Revisor of Statutes

84.415 UTILITY LICENSES, PERMITS.
    Subdivision 1. Utility companies, permit to cross state-owned lands. The commissioner
of natural resources shall, on or before January 1, 1974, promulgate in the manner provided by
chapter 15, rules containing standards and criteria governing the sale of licenses permitting the
passage of utilities over public lands and waters. The rules shall include provisions to insure that
all projects for which licenses are sold will have a minimum adverse impact on the environment.
The commissioner of natural resources may, at public or private sale and for such price and upon
such terms as are specified in the rules (except where prohibited by law) grant licenses permitting
passage over, under, or across any part of any school, university, internal improvement, swamp,
tax-forfeited or other land or public water under the control of the commissioner of natural
resources, of telephone, telegraph, and electric power lines, cables or conduits, underground or
otherwise, or mains or pipe lines for gas, liquids, or solids in suspension. Any such license shall
be cancelable upon reasonable notice by the commissioner for substantial violation of its terms, or
if at any time its continuance will conflict with a public use of the land or water over or upon
which it is granted, or for any other cause. All such land or public water shall remain subject to
sale or lease or other legal use, but in case of sale, lease or other use there may be excepted from
the grant or other disposition of land or public water all rights included in any license over,
under, or across it, and the license may contain an agreement that there will be such exception.
The commissioner may charge a fee in lieu of but not less than that authorized by subdivision 5
if issuing a license containing an agreement that there will be such an exception. All rights so
excepted shall be reserved to the state and be cancelable by the commissioner for the same reasons
or cause as they might have been canceled before such sale, lease or other use of the land or water.
Upon such cancellation, which shall be only after reasonable notice to the licensee, all rights
granted by the license shall be vested in the state and may be granted again by the commissioner
on the terms and conditions the commissioner may prescribe, but subject to cancellation for the
same reasons or causes as they might have been originally canceled unless ownership of the fee
and of the license are merged. Any license granted before April 13, 1951, may be governed by it
if the licensee and commissioner so agree. Reasonable notice as used in this subdivision means a
90 day written notice addressed to the record owner of the license at the last known address, and
upon cancellation the commissioner may grant extensions of time to vacate the premises affected.
    Subd. 2.[Repealed, 1967 c 536 s 3]
    Subd. 3. Application, form. The application for license or permit shall be in quadruplicate,
and shall include with each copy a legal description of the lands or waters affected, a metes and
bounds description of the required right-of-way, a map showing said features, and a detailed
design of any structures necessary, or in lieu thereof shall be in such other form, and include
such other descriptions, maps or designs, as the commissioner may require. The commissioner
may at any time order such changes or modifications respecting construction or maintenance of
structures or other conditions of the license or permit as the commissioner deems necessary to
protect the public health and safety.
    Subd. 4. Attorney general, duties. The license or permit to be granted shall be in a form to
be prescribed by the attorney general; shall describe the location of the license or permit thereby
granted and shall continue until canceled by the commissioner, subject to change or modification
as herein provided.
    Subd. 5. Fee. In the event the construction of such lines causes damage to timber or other
property of the state on or along the same, the license or permit shall also provide for payment to
the commissioner of finance of the amount thereof as may be determined by the commissioner.
All money received under such licenses or permits shall be credited to the fund to which
other income or proceeds of sale from such land would be credited, if provision therefor be
made by law, otherwise to the general fund.
History: 1941 c 145; 1943 c 540 s 1; 1947 c 568 s 1; 1951 c 356 s 1,2; 1967 c 536 s 2;
1969 c 399 s 1; 1969 c 516 s 1; 1969 c 1129 art 10 s 2; 1973 c 479 s 1,2; 1985 c 248 s 70;
1986 c 444; 2003 c 112 art 2 s 50