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Minnesota Legislature

Office of the Revisor of Statutes

88.48 APPLICATION.
    Subdivision 1. Filing. Such application shall be filed with the auditor of the county in which
the land described therein is situate, who shall present the same to the county board at its first
meeting held after the lapse of a period of ten days after such filing.
    Subd. 2. Notice. The county auditor shall, upon receipt of the application and prior to the
meeting of the county board at which it is presented, mail notice to the clerk of the town in
which lies the land therein described.
    Subd. 3. Hearing, determination. Upon the presentation to it of the application, the county
board shall consider the same and hear any matter that may be offered in support of or in
opposition to the application. It shall then determine whether the land covered by the application
is suitable for the planting, culture, and growth of trees for the production of timber or forest
products, the actual or market value thereof, exclusive of timber thereon and of minerals or
anything under the surface thereof, and the amount of annual tax provided for in section 88.51,
subdivision 1
.
    Subd. 4. Action of county board. The county board shall make proper record of its action
upon the application including, if the application be rejected, a written statement, prepared within
30 days of the date of rejection, covering the reason or reasons for such rejection.
If the application be rejected, the county auditor shall endorse the rejection on the application
and return it, together with a copy of the written statement prepared by the county board giving
the reason or reasons for rejection, to the applicant within 30 days by certified mail at the
address given in the application; or, if the application is disapproved as to a part only of the
lands described therein, the county auditor shall in like manner notify the applicant, who may
within 60 days after the mailing of the notice amend the application accordingly. If it be not so
amended the application shall be deemed rejected.
If the application be accepted, the county auditor shall in like manner notify the applicant
thereof and transmit the application, with the record of the approval thereof, to the director. It shall
be the duty of the commissioner to approve or disapprove the application within 90 days from
receipt thereof, to make proper record of the action and to give notice thereof to the applicant
in the manner hereinbefore provided and to the county board.
    Subd. 5. Abstract of title. Within 60 days after the mailing of notice of acceptance by the
commissioner, the applicant shall furnish to the county attorney of the county in which the lands
described in the contract lie an abstract of title to these lands, or a certificate of title, if the same
be registered, including certificates by the county auditor and county treasurer that there are no
unpaid taxes thereon, and a certificate of judgment search by the court administrator of the district
court. In case of land conveyed to the applicant by the state of Minnesota under the provisions
of section 282.01, subdivision 2, or sections 282.011 to 282.015, the furnishing of the recorded
state deed and a certificate of judgment search to the county attorney in lieu of an abstract of title
shall constitute satisfactory compliance with this subdivision. The county attorney shall make
such examination as may be required by the commissioner and certify to the director the name of
the owner of the fee title or the holder of a state deed issued pursuant to Minnesota Statutes, as
amended, section 282.01, subdivision 2, or sections 282.011 to 282.015, thereto, and the names of
all other persons having any liens thereon, and such other information as may be required by the
commissioner. The applicant shall pay the county attorney a reasonable fee for the examination,
not exceeding $10 for each 640 acres, or fraction thereof, of contiguous lands included in any
one abstract, certificate of title or state deed.
History: (4031-62) 1927 c 247 s 3; 1949 c 334 s 1; 1949 c 664 s 1; 1953 c 246 s 1; 1955 c
772 s 1; 1957 c 753 s 1; 1978 c 674 s 60; 1984 c 543 s 3; 1986 c 444; 1Sp1986 c 3 art 1 s 82