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Minnesota Legislature

Office of the Revisor of Statutes

CHAPTER 94. LANDS, STATE FORESTS

Table of Sections
SectionHeadnote
94.01Repealed, 1949 c 454 s 1
94.02Repealed, 1949 c 454 s 1
94.03Repealed, 1949 c 454 s 1
94.04Repealed, 1949 c 454 s 1
94.05Renumbered 92.12, subd 3
94.06Inoperative
94.07Inoperative
94.08Inoperative
94.09SALE AND DISPOSITION OF SURPLUS STATE-OWNED LAND.
94.10SURVEYS, APPRAISALS, AND SALE.
94.11TERMS OF PAYMENT.
94.12CONTRACT FOR DEED AND QUITCLAIM DEED.
94.13RECORD OF CONTRACTS FOR DEED AND ASSIGNMENTS; EFFECT.
94.14RESERVATION OF MINERALS.
94.15Repealed, 1974 c 260 s 9
94.16DISPOSITION OF PROCEEDS FROM SURPLUS STATE-OWNED LAND.
94.165LAND ACQUISITION ACCOUNT.
94.17GIFTS TO STATE FOR CAPITOL OR INSTITUTION; ACCEPTANCE.
94.18LANDS OBTAINED BY CONDEMNATION.
94.19CERTIFICATE OF ACCEPTANCE; RECORD.
94.31COUNTIES MAY ASSUME BONDS OF TOWNS OR SCHOOL DISTRICTS IN REFORESTATION AREA.
94.32ISSUANCE OF COUNTY BONDS; ADJUSTMENT OF DEBT.
94.33FAILURE TO ASSUME AND PAY; WITHHOLDING FUNDS.
94.34Renumbered 92.461, subdivision 1
94.341MINNESOTA LAND EXCHANGE BOARD.
94.342CLASSES OF LAND.
94.343CLASS A LAND EXCHANGED; CONDITIONS.
94.344CLASS B LAND EXCHANGED; CONDITIONS.
94.345FORMS PRESCRIBED BY ATTORNEY GENERAL.
94.346TITLES.
94.347CERTAIN LAND SUBJECTED TO LIKE TRUSTS.
94.348Repealed, 1Sp2005 c 1 art 2 s 162
94.349Repealed, 1Sp2005 c 1 art 2 s 162
94.35Renumbered 92.461, subd 2
94.351ESCHEAT SUBJECT TO ENCUMBRANCE.
94.36Repealed, 1975 c 61 s 26
94.37Repealed, 1975 c 61 s 26
94.38Repealed, 1975 c 61 s 26
94.39Repealed, 1975 c 61 s 26
94.40Repealed, 1975 c 61 s 26
94.41RELINQUISHMENT OF LANDS TO UNITED STATES.
94.44GRANT BY MUNICIPAL CORPORATION.
94.45UNITED STATES SURVEY; DAMAGES.
94.46INJURY TO SIGNAL.
94.47COMMISSIONER MAY PURCHASE LANDS FROM UNITED STATES GOVERNMENT.
94.48MAY EXPEND MONEY ON LEASED LAND.
94.49NOT TO CREATE DEBT.
94.50MAY SELL AND EXCHANGE LANDS.
94.51COMMISSIONER TO MAKE RULES.
94.52EXPENDITURE OF STATE'S PERCENTAGE OF PROCEEDS OF SALE OF LAND TO THE UNITED STATES.
94.521DISTRIBUTION OF FEDERAL AID.
94.522TRANSMISSION OF WARRANTS TO COUNTY TREASURERS; USE OF PROCEEDS.
94.53WARRANT TO COUNTY TREASURERS; FEDERAL LOANS TO COUNTIES.
94.54SCHOOLS AND ROADS NEAR NATIONAL FORESTS.
94.55TRANSFER OF STATE-OWNED IMPROVEMENTS.
94.01 [Repealed, 1949 c 454 s 1]
94.02 [Repealed, 1949 c 454 s 1]
94.03 [Repealed, 1949 c 454 s 1]
94.04 [Repealed, 1949 c 454 s 1]
94.05 [Renumbered 92.12, subd 3]
94.06 [Inoperative]
94.07 [Inoperative]
94.08 [Inoperative]
94.09 SALE AND DISPOSITION OF SURPLUS STATE-OWNED LAND.
    Subdivision 1. Applicability. All tracts or lots of real property belonging to the state and
under the control and supervision of the commissioner of natural resources shall be disposed of
according to sections 94.09 to 94.16, unless otherwise provided by law.
    Subd. 2.[Repealed, 2004 c 262 art 1 s 41]
    Subd. 3. Notice to agencies; determination of surplus. The commissioner of natural
resources shall send written notice to all state departments, agencies and the University of
Minnesota describing any lands or tracts which may be declared surplus. If a department or agency
or the University of Minnesota desires custody of the lands or tracts, it shall submit a written
request to the commissioner, no later than four calendar weeks after mailing of the notice, setting
forth in detail its reasons for desiring to acquire, and its intended use of, the land or tract. The
commissioner shall then determine whether any of the lands described in the certifications of the
heads of the departments or agencies should be declared surplus and offered for sale or otherwise
disposed of by transferring custodial control to other requesting state departments or agencies
or to the Board of Regents of the University of Minnesota for educational purposes, provided
however that transfer to the Board of Regents shall not be determinative of tax exemption or
immunity. If the commissioner determines that any of the lands are no longer needed for state
purposes, the commissioner shall make findings of fact, describe the lands, declare the lands to be
surplus state land, and state the reasons for the sale or disposition of the lands.
    Subd. 4.[Repealed, 2004 c 262 art 1 s 41]
    Subd. 5.[Repealed, 2004 c 262 art 1 s 41]
    Subd. 6.[Repealed, 2004 c 262 art 1 s 41]
History: (6442) 1909 c 452 s 1; 1957 c 861 s 3; 1969 c 897 s 1; 1974 c 260 s 4; 1974 c 406
s 62; 1975 c 81 s 5; 1986 c 444; 1989 c 335 art 1 s 81; 1994 c 632 art 2 s 22; 2004 c 262 art
1 s 32,33
94.10 SURVEYS, APPRAISALS, AND SALE.
    Subdivision 1. Appraisal; notice and offer to public bodies. (a) Before offering any surplus
state-owned lands for sale, the commissioner of natural resources must establish the value of the
lands. The commissioner shall have the lands appraised if the estimated value is in excess of
$50,000. No parcel of state-owned land shall be sold for less than $1,000.
(b) The appraisals must be made by regularly appointed and qualified state appraisers.
To be qualified, an appraiser must hold a state appraiser license issued by the Department of
Commerce. The appraisal must be in conformity with the Uniform Standards of Professional
Appraisal Practice of the Appraisal Foundation.
(c) Before offering surplus state-owned lands for public sale, the lands shall first be offered
to the city, county, town, school district, or other public body corporate or politic in which the
lands are situated for public purposes and the lands may be sold for public purposes for not less
than the appraised value of the lands. To determine whether a public body desires to purchase the
surplus land, the commissioner of natural resources shall give a written notice to the governing
body of each political subdivision whose jurisdictional boundaries include or are adjacent to the
surplus land. If a public body desires to purchase the surplus land, it shall submit a written offer to
the commissioner no later than two weeks after receipt of notice setting forth in detail its reasons
for desiring to acquire and its intended use of the land. In the event that more than one public
body tenders an offer, the commissioner shall determine which party shall receive the property
and shall submit written findings regarding the decision. If lands are offered for sale for public
purposes and if a public body notifies the commissioner of its desire to acquire the lands, the
public body may have up to two years from the date of the accepted offer to commence payment
for the lands in the manner provided by law.
    Subd. 2. Public sale requirements. (a) After complying with subdivision 1 and before
any public sale of surplus state-owned land is made and at least 30 days before the sale, the
commissioner of natural resources shall publish a notice of the sale in a newspaper of general
distribution in the county in which the real property to be sold is situated. The notice shall specify
the time and place at which the sale will commence, a general description of the lots or tracts
to be offered, and a general statement of the terms of sale. The commissioner shall also provide
electronic notice of sale.
(b) The minimum bid for a parcel of land must include the estimated value or appraised value
of the land and any improvements and, if any of the land is valuable for merchantable timber,
the value of the merchantable timber. The minimum bid may include expenses incurred by the
commissioner in rendering the property salable, including survey, appraisal, legal, advertising,
and other expenses.
(c) Parcels remaining unsold after the offering may be sold to anyone agreeing to pay the
appraised value. The sale shall continue until all parcels are sold or until the commissioner orders
a reappraisal or withdraws the remaining parcels from sale.
History: (6443) 1909 c 452 s 2; 1957 c 861 s 4; 1969 c 897 s 2; 1971 c 911 s 1; 1973 c 123
art 5 s 7; 1974 c 184 s 7; 1975 c 81 s 6; 1980 c 614 s 79; 1984 c 543 s 4; 1984 c 601 s 1; 1986 c
444; 1993 c 285 s 11; 1997 c 216 s 75; 2004 c 262 art 1 s 34
94.11 TERMS OF PAYMENT.
Terms of payment for lands sold by the commissioner of natural resources before July 1,
2004, are the same as those provided for state public lands by section 92.06, subdivision 1. For
lands sold by the commissioner of natural resources on or after July 1, 2004, the terms of payment
are the same as those provided for state public lands by section 92.06, subdivision 1a.
History: (6444) 1909 c 452 s 3; 1969 c 897 s 3; 1982 c 531 s 2; 1993 c 285 s 12; 2004 c
262 art 1 s 35
94.12 CONTRACT FOR DEED AND QUITCLAIM DEED.
    Subdivision 1. Lands sold before July 1, 2004. In the event the terms and conditions of
a contract for deed for lands sold before July 1, 2004, are completely fulfilled or if a purchaser
makes a lump sum payment for the subject property in lieu of entering into a contract for deed,
the commissioner shall sign and cause to be issued a quitclaim deed on behalf of the state. Said
quitclaim deed shall be in a form prescribed by the attorney general and shall vest in purchaser all
of the state's interest in the subject property except as provided in section 94.14.
    Subd. 2. Lands sold after July 1, 2004. On or after July 1, 2004, when total payment is
made within 90 days of the sale, the commissioner of natural resources shall sign and cause to be
issued a quitclaim deed on behalf of the state. The quitclaim deed shall be in a form prescribed
by the attorney general and shall vest in the purchaser all of the state's interest in the subject
property, except as provided in section 94.14.
History: (6445) 1909 c 452 s 4; 1957 c 861 s 5; 1969 c 897 s 4; 1974 c 260 s 5; 1986 c
444; 1988 c 613 s 19; 2004 c 262 art 1 s 36
94.13 RECORD OF CONTRACTS FOR DEED AND ASSIGNMENTS; EFFECT.
(a) A contract for deed issued before July 1, 2004, pursuant to sections 94.09 to 94.16, or
any assignment thereof, executed and acknowledged as provided by law for the execution and
acknowledgment of deeds may be recorded in the office of the county recorder of any county in
the state in the same manner and with like effect as deeds are therein recorded. This contract for
deed shall entitle the purchaser thereof, or the heirs and assigns of the purchaser, to the exclusive
possession of the land therein described, provided its terms have been in all respects complied
with, and the contract for deed and the record thereof shall be conclusive evidence of title in the
purchaser, or the heirs and assigns of the purchaser, for all purposes and against all persons,
except the state of Minnesota in case of forfeiture.
(b) When a contract for deed or partial interest in a contract for deed is assigned, the
assignment must be made on a form provided by the commissioner, executed by the assignor and
assignee, and consented to by the commissioner. An assignment of a partial interest must state
that payment to date has been made to the commissioner.
(c) When the assignee satisfies the terms of the assignment and corresponding terms of the
contract for deed, the commissioner shall issue a deed to the assignee.
History: (6446) 1909 c 452 s 5; 1974 c 260 s 6; 1976 c 181 s 2; 1986 c 444; 1993 c 285 s
13; 2004 c 262 art 1 s 37
94.14 RESERVATION OF MINERALS.
The state hereby reserves for its own use all the iron, coal, copper, and other valuable
minerals in or upon all lands which may be sold under the provisions of sections 94.09 to 94.16
and any contract for deed or quitclaim deed shall contain a clause reserving all such minerals for
the use of the state.
History: (6447) 1909 c 452 s 6; 1974 c 260 s 7
94.15 [Repealed, 1974 c 260 s 9]
94.16 DISPOSITION OF PROCEEDS FROM SURPLUS STATE-OWNED LAND.
    Subdivision 1. Payment of expenses. Money received from the sale of surplus state-owned
land shall be credited to the general fund except as provided in this section.
    Subd. 2. Payment of expenses. A portion of the proceeds from the sale equal in amount
to the survey, appraisal, legal, advertising, and other expenses incurred by the commissioner of
natural resources in rendering the property salable shall be remitted to the account from which
the expenses were paid, and are appropriated and immediately available for expenditure in the
same manner as other money in the account.
    Subd. 3. Proceeds from natural resources land. The remainder of the proceeds from the
sale of lands that were under the control and supervision of the commissioner of natural resources
shall be credited to the land acquisition account in the natural resources fund.
History: (6449) 1909 c 452 s 8; 1957 c 861 s 7; 1969 c 399 s 1; 1980 c 614 s 80; 1984 c 654
art 2 s 90; 1989 c 335 art 4 s 106; 1996 c 407 s 39; 2004 c 262 art 1 s 38
94.165 LAND ACQUISITION ACCOUNT.
There is created in the state treasury a land acquisition account. Money in the account is
appropriated to the commissioner of natural resources for the acquisition of natural resource
lands or interests in lands within the outdoor recreation system established in chapter 86A. The
commissioner must file a report to the house ways and means and the senate finance committees
and the environment and natural resources committees of the senate and house of representatives
by October 1 of each year indicating all purchases and sales from this account.
History: 1984 c 654 art 2 s 91; 1993 c 172 s 49
94.17 GIFTS TO STATE FOR CAPITOL OR INSTITUTION; ACCEPTANCE.
When any real property or rights or estates therein may be or may have been granted or
conveyed or assigned or turned over as a gift by any person or municipality to the state of
Minnesota to be owned, held, occupied, or used by the state in connection with the Capitol, or any
state institution, or the grounds of the same or any of them, the governor shall issue in duplicate
under the great seal of the state a certificate of acceptance and cause all the conditions of the gift
to be performed and the property so given to be improved, maintained, and ornamented in the
method and so far as the legislature may appropriate money therefor.
History: (6450) 1909 c 464 s 1
94.18 LANDS OBTAINED BY CONDEMNATION.
When any corporation, municipal or otherwise, shall convey, assign, or turn over to the state
any rights it may have obtained by condemnation, the use of the land in which these rights were
obtained by the state in any of the ways or for any of the purposes mentioned in section 94.17 shall
not be deemed an abandonment of nor work a forfeiture of the rights obtained by condemnation,
but shall be considered a use incidental to and within the purposes of the condemnation.
History: (6451) 1909 c 464 s 2
94.19 CERTIFICATE OF ACCEPTANCE; RECORD.
(a) The certificate of acceptance shall be executed in duplicate and one filed in the Office of
the Secretary of State and the other recorded in the office of the county recorder of the county in
which the land is situated; and, after being recorded, kept with the records of the institution in
connection with which the land is used.
(b) After the certificates of acceptance are filed and recorded under paragraph (a), the
conveyance and transfer of the rights, interests, and estates involved shall be deemed complete.
History: (6452) 1909 c 464 s 3; 1976 c 181 s 2; 2005 c 4 s 26
94.31 COUNTIES MAY ASSUME BONDS OF TOWNS OR SCHOOL DISTRICTS IN
REFORESTATION AREA.
Any county wherein a state reforestation or flood control project or other public state
purposes, as created by sections 84A.20 to 84A.30, is located may voluntarily assume the
obligation to pay the same ratio or proportion of the principal and interest of bonds now
outstanding issued before the approval and acceptance of the project by any school district or
town situated in the county lying wholly or partly within the project as the last assessed valuation
prior to the acceptance of the project of lands acquired by the state pursuant to sections 84A.20
to 84A.30 on July 1, 1936, bears to the total assessed valuation for the same year of the school
district or town, this assumption to be evidenced by the adoption of a resolution by the county
board of the county authorizing the issuance of bonds for such purpose or otherwise providing for
the payment of the principal and interest of the school or town bonds assumed.
History: (6452-14) Ex1936 c 47 s 1
94.32 ISSUANCE OF COUNTY BONDS; ADJUSTMENT OF DEBT.
The county board of any such county may by resolution provide for the issuance of bonds for
the purpose of assuming the principal and interest of the school district or town bonds, whether
matured or not matured, in the manner provided by Laws 1935, chapter 119, and the county board
is authorized to effect agreements for the adjustment of the debt so assumed and the exchange of
such county bonds for the bonds so assumed. Prior to July 1, 1936, such bonds may be issued
in an amount not in excess of 50 percent of the estimated amount of the principal and interest
of the school district or town bonds which are to be assumed by the county, the balance of such
bonds to be issued after July 1, 1936.
History: (6452-15) Ex1936 c 47 s 2
94.33 FAILURE TO ASSUME AND PAY; WITHHOLDING FUNDS.
In the event any such county shall fail or neglect to assume that portion of the school district
or town bonds as provided in sections 94.31 and 94.32 and any such bonds remain unpaid at
maturity, upon demand of the governing body of the school district or town or the holder of
any such bonds, the commissioner of finance shall withhold from the payments to be made to
the county under the provisions of section 84A.23 the sum necessary to pay such portion and
pay the same to the treasurer of the school district or town. All money received by any school
district or town pursuant to sections 94.31 and 94.32 shall be applied solely to the payment of
past due bonds and interest.
History: (6452-17) Ex1936 c 47 s 4; 1973 c 492 s 14
94.34 [Renumbered 92.461, subdivision 1]
94.341 MINNESOTA LAND EXCHANGE BOARD.
The board created by the Constitution of the state of Minnesota, article XI, section 10,
consisting of the governor, the attorney general, and the state auditor, shall be known as the
Minnesota Land Exchange Board. The term "board" as used in sections 94.341 to 94.347 refers to
such board. The governor shall be chair of the board. The state auditor shall be secretary of the
board and keep a record of its proceedings. Approvals of land exchanges and other official acts of
the board may be evidenced by the certificate of the state auditor as secretary, under official seal
of the auditor. When a land exchange has been approved by the board it shall be presumed that
all other pertinent requirements of the law have been complied with, and no exchange shall be
invalidated by reason of any defect or omission in respect of any such other requirement.
History: 1941 c 393 s 1; 1965 c 51 s 15; 1975 c 271 s 6; 1976 c 2 s 172; 1986 c 444
94.342 CLASSES OF LAND.
    Subdivision 1. Class A. All land owned by the state and controlled or administered by the
commissioner or by any division of the Department of Natural Resources shall be known as Class
A land for the purposes of sections 94.341 to 94.347. Class A land shall include school, swamp,
internal improvement, and other land granted to the state by acts of Congress, state forest land,
tax-forfeited land held by the state free from any trust in favor of taxing districts, and other
land acquired by the state in any manner and controlled or administered as aforesaid; but this
enumeration shall not be deemed exclusive.
    Subd. 2. Class B. All lands heretofore or hereafter acquired by the state through
tax-forfeiture, held subject to a trust in favor of taxing districts, and under the control of county
authorities for classification, appraisal, and sale shall be known as Class B land for the purposes
of sections 94.341 to 94.347.
    Subd. 3. Additional restrictions on riparian land. Land bordering on or adjacent to any
meandered or other public waters and withdrawn from sale by law is riparian land. Riparian land
may not be given in exchange unless expressly authorized by the legislature or unless through the
same exchange the state acquires land on the same or other public waters in the same general
vicinity affording at least equal opportunity for access to the waters and other riparian use by
the public; provided, that any exchange with the United States or any agency thereof may be
made free from this limitation upon condition that the state land given in exchange bordering on
public waters shall be subject to reservations by the state for public travel along the shores as
provided by section 92.45, unless waived as provided in this subdivision, and that there shall be
reserved by the state such additional rights of public use upon suitable portions of such state land
as the commissioner of natural resources, with the approval of the Land Exchange Board, may
deem necessary or desirable for camping, hunting, fishing, access to the water, and other public
uses. In regard to Class B or riparian land that is contained within that portion of the Superior
National Forest that is designated as the Boundary Waters Canoe Area Wilderness, the condition
that state land given in exchange bordering on public waters must be subject to the public travel
reservations provided in section 92.45, may be waived by the Land Exchange Board upon the
recommendation of the commissioner of natural resources and, if the land is Class B land, the
additional recommendation of the county board in which the land is located.
    Subd. 4. Additional restrictions on state park land. Land specifically designated by law as
a state park may not be given in exchange unless the land is school trust land that is exchanged
for Class A land located outside a state park.
    Subd. 5. Additional restrictions on school trust land. School trust land may be exchanged
with other Class A land only if the Permanent School Fund Advisory Committee is appointed
as temporary trustee of the school trust land for purposes of the exchange. The committee shall
provide independent legal counsel to review the exchanges.
    Subd. 6. Reuniting and severing of surface and mineral interests. (a) When making a land
exchange, a goal of the Land Exchange Board shall be to reunite the surface interest with the
mineral interest whenever possible.
(b) If mineral interests are severed in an exchange, the Land Exchange Board must consider
the impact of severed mineral interests on minerals management.
History: 1941 c 393 s 2; 1949 c 373 s 1; 1969 c 1129 art 10 s 2; 1975 c 271 s 6; 1988 c 492
s 1; 1988 c 628 s 13-16; 1989 c 335 art 1 s 82; 1Sp2005 c 1 art 2 s 78-81
94.343 CLASS A LAND EXCHANGED; CONDITIONS.
    Subdivision 1. General exchange provisions. (a) Any Class A land may, with the unanimous
approval of the board, be exchanged for any publicly held or privately owned land in the manner
and subject to the conditions herein prescribed. Class A land may be exchanged only if it meets
the requirements of subdivision 3 or 5.
(b) The commissioner, with the approval of the board, shall formulate general programs of
exchange of Class A land designed to serve the best interests of the state in the acquisition,
development, and use of lands for purposes within the province of the Department of Natural
Resources.
    Subd. 2. Lands devoted to specific public use. Except as herein expressly prohibited, Class
A land may be exchanged, though devoted to a specific public use, if the use is discretionary and
the authority in charge thereof shall approve the exchange, or if the commissioner, with the
approval of the board, shall determine that the exchange will not materially curtail the activity or
project for which the land is used; provided, that exchanges of land belonging to any state forest,
game preserve, conservation area, or other territory designated by law for particular purposes
shall be made so as to consolidate or fill out the state's holdings of land therein, and not materially
to reduce the same.
    Subd. 2a. Valuation of land. The commissioner shall cause the state land and the land
proposed to be exchanged therefor to be examined and value determined as provided in
section 84.0272; provided, that in exchanges with the United States or any agency thereof the
examination and value determination may be made in the manner as the Land Exchange Board
may direct. The determined values shall not be conclusive, but shall be taken into consideration
by the commissioner and the board, together with such other matters as they deem material, in
determining the values for the purposes of exchange.
    Subd. 3. Exchanging land of substantially equal value or lower value. (a) Except as
otherwise provided, Class A land shall be exchanged only for land of at least substantially equal
value to the state, as determined by the commissioner, with the approval of the board.
(b) For the purposes of this subdivision, "substantially equal value" means:
(1) where the lands being exchanged are both over 100 acres, their values do not differ by
more than ten percent; and
(2) in other cases, the values of the exchanged lands do not differ by more than 20 percent.
(c) Other than school trust land, Class A land may be exchanged for land of lesser value if
the other party to the exchange pays to the state the amount of the difference in value. Money
received by the commissioner in such cases shall be credited to the same fund as in the case of
sale of the land, if such a fund exists, otherwise to the special fund, if any, from which the cost of
the land was paid, otherwise to the general fund.
    Subd. 4. Reservations. There shall be reserved to the state in all Class A land conveyed
in exchange all mineral and water power rights and such other rights and easements as the
commissioner, with the approval of the board, shall direct. All Class A land which at the time
of exchange is subject to the provisions of section 103G.545 shall remain subject thereto as a
condition of the exchange, and all land received by the state in exchange for Class A land within
the area to which those provisions apply shall become subject thereto. Land may be received in
exchange subject to any mineral reservations or other reservations thereon. All such reservations
and conditions shall be taken into consideration in determining the value of the lands exchanged.
    Subd. 5. Exchanging land of greater value. Class A land may be exchanged for land of
greater value if the other party to the exchange shall waive payment for the difference or if there is
an appropriation available for the acquisition of such land from which the difference may be paid.
    Subd. 6.[Repealed, 1Sp2005 c 1 art 2 s 162]
    Subd. 7. Public hearing. Before giving final approval to any exchange of Class A land, the
commissioner shall hold a public hearing thereon at the capital city or at some place which it may
designate in the general area where the lands involved are situated. The commissioner shall
furnish to the auditor of each county affected a notice of the hearing signed by the commissioner,
together with a list of all the lands proposed to be exchanged and situated in the county, and the
county auditor shall post the same in the auditor's office at least two weeks before the hearing. The
commissioner shall cause a copy of the notice, referring to the list of lands posted, to be published
at least two weeks before the hearing in a legal newspaper published in the county. The cost of
publication of the notice shall be paid by the commissioner.
    Subd. 8. Proposals for exchange. The commissioner, with the approval of the board, may
submit a proposal for exchange of Class A land to any land owner concerned. Any land owner
may submit to the commissioner and the board a proposal for exchange in such form as the
commissioner may prescribe.
    Subd. 8a. Fees. (a) When a private landowner or governmental unit, except the state, presents
to the commissioner an offer to exchange privately or publicly held land for Class A land, the
private landowner or governmental unit shall pay to the commissioner a determination of value
fee and survey fee of not less than one-half of the cost of the determination of value and survey
fees as determined by the commissioner.
(b) Except as provided in paragraph (c), any payment made under paragraph (a) shall be
credited to the account from which the expenses are paid and is appropriated for expenditure in
the same manner as other money in the account.
(c) The fees shall be refunded if the land exchange offer is withdrawn by a private landowner
or governmental unit before the money is obligated to be spent.
    Subd. 9. Approval by attorney general. No exchange of Class A land shall be consummated
unless the attorney general shall have given an opinion in writing that the title to the land proposed
to be conveyed to the state is good and marketable, free from all liens and encumbrances except
reservations herein authorized. If required by the attorney general, the land owner shall submit an
abstract of title and make and file with the commissioner an affidavit as to possession of the land,
improvements, liens, and encumbrances thereon, and other matters affecting the title.
    Subd. 10. Conveyance. Conveyance of Class A land given in exchange shall be made by
deed executed by the commissioner in the name of the state. All such deeds received by the state
shall be recorded or registered in the county in which the lands lie.
    Subd. 11. Trust; status. Land received in exchange for Class A land shall be subject to the
same trust, if any, and shall otherwise have the same status as the state land given in exchange.
The commissioner, with the approval of the board, shall determine accordingly the status of each
tract of such land received in exchange, and shall make and file a certificate thereof in the office
having custody of the state public land records in the Department of Natural Resources.
    Subd. 12. Tax-forfeited land subject to sale. When an exchange of Class A tax-forfeited
land, which is subject to sale by county authorities is under consideration, the commissioner may
notify the county auditor to withdraw the land from sale. Thereupon the land shall be withdrawn
from sale until the proposed exchange is consummated or rejected, of which the commissioner
shall notify the county auditor.
History: 1941 c 393 s 3; 1949 c 373 s 2; 1961 c 326 s 1; 1969 c 399 s 1; 1969 c 522 s 1;
1969 c 1129 art 10 s 2; 1975 c 271 s 6; 1984 c 643 s 3; 1986 c 444; 1988 c 628 s 17; 1989 c 335
art 1 s 83; 1990 c 391 art 8 s 20; 1993 c 285 s 14; 1Sp2005 c 1 art 2 s 82-88
94.344 CLASS B LAND EXCHANGED; CONDITIONS.
    Subdivision 1. General exchange provisions. Class B land, by resolution of the county
board of the county where the land is located and with the unanimous approval of the Land
Exchange Board, may be exchanged for any publicly held or privately owned land in the same
county. Class B land may be exchanged only if it meets the requirements of subdivision 3 or 5.
    Subd. 2. Exchange restrictions. No Class B land which is not classified for sale, and no
Class B land, however classified, lying within any zone or district which is restricted against any
use for which the land may be suitable shall be given in exchange for any privately owned land.
    Subd. 2a. Valuation of lands. For an exchange involving Class B land for Class A land, the
value of the lands shall be determined by the commissioner, with approval of the Land Exchange
Board. For purposes of the determination, the commissioner shall determine the value of the state
and tax-forfeited land proposed to be exchanged in the same manner as Class A land. For all other
purposes, the county board shall appraise the state land and the land in the proposed exchange
in the same manner as tax-forfeited land to be offered for sale. The determined values shall not
be conclusive, but shall be taken into consideration, together with such other matters as may be
deemed material, in determining the values for the purposes of exchange.
    Subd. 3. Exchanging land of substantially equal value or lower value. (a) Except as
otherwise provided, Class B land may be exchanged only for land of substantially equal value
to the state, as determined by the county board, with the approval of the commissioner and
the Land Exchange Board.
(b) For the purposes of this subdivision, "substantially equal value" means:
(1) where the lands being exchanged are both over 100 acres, their values do not differ by
more than ten percent; and
(2) in other cases, the values of the exchanged lands do not differ by more than 20 percent.
(c) Class B land may be exchanged for land of lesser value if the other party to the exchange
pays to the state the amount of the difference in value. Money received by the county treasurer
shall be disposed of in like manner as the proceeds of a sale of tax-forfeited land.
    Subd. 4. Reservations. There shall be reserved to the state in all Class B land conveyed
in exchange the same rights and easements as may be required by law in case of sale of
tax-forfeited land and such other rights and easements as the county board, with the approval of
the commissioner and the board, shall direct. Land may be received in exchange subject to any
mineral reservations or other reservations thereon. All such reservations and conditions shall be
taken into consideration in determining the value of the lands exchanged.
    Subd. 5. Exchanging land of greater value. (a) Class B land may be exchanged for land of
greater value if the other party to the exchange waives payment for the difference.
(b) Except for Class A school trust land, Class B land may be exchanged for Class A land of
greater value if the county pays to the state the difference in value.
(c) Class B land may be exchanged for United States-owned land of greater value if the
county agrees to pay the difference in value.
    Subd. 6.[Repealed, 1Sp2005 c 1 art 2 s 162]
    Subd. 7. Public hearing. (a) Except for land described in paragraph (b), before giving final
approval to any exchange of Class B land, the county board shall hold a public hearing thereon.
At least two weeks before the hearing the county auditor shall post in the auditor's office a notice
thereof, containing a description of the lands affected.
(b) In an exchange of Class B land for Class A or Class C land, the commissioner is
responsible for holding the public hearing.
    Subd. 8. Proposals for exchange. By direction of the county board, the county auditor may
submit a proposal for exchange of Class B land to any land owner concerned. Any land owner
may file with the county auditor a proposal for exchange for consideration by the county board.
    Subd. 9. Approval of county attorney. No exchange of Class B land shall be consummated
unless the title to the land proposed to be exchanged therefor shall first be approved by the county
attorney in like manner as provided for approval by the attorney general in case of Class A land.
The county attorney's opinion on the title shall be subject to approval by the attorney general.
    Subd. 10. Approval; conveyance. After approval by the county board, every proposal for
the exchange of Class B land shall be transmitted to the commissioner in such form and with such
information as the commissioner may prescribe for consideration by the commissioner and by the
board. The county attorney's opinion on the title, with the abstract and other evidence of title, if
any, shall accompany the proposal. If the proposal is approved by the commissioner and the board
and the title is approved by the attorney general, the same shall be certified to the commissioner of
revenue, who shall execute a deed in the name of the state conveying the land given in exchange
and transmit the deed to the county auditor to be delivered upon receipt of a deed conveying to the
state the land received in exchange, approved by the county attorney; provided, that if any amount
is due the state under the terms of the exchange, the deed from the state shall not be executed or
delivered until such amount is paid in full and a certificate thereof by the county auditor is filed
with the commissioner of revenue. The county auditor shall cause all deeds received by the state
in such exchanges to be recorded or registered. If the land received by the county in the exchange
is Class A land, the commissioner of revenue shall deliver the deed for the Class B land to the
commissioner of natural resources and following the recording of this deed, the commissioner
of natural resources shall deliver to the county auditor a deed conveying the Class A land to the
county auditor to be recorded or registered.
    Subd. 11. Payment; trust. Forthwith after the consummation of any land exchange the
county board shall determine the amount to be paid, if any, to the governmental subdivision
wherein the Class B lands were located as full compensation for the trusts said governmental
subdivision held in such land, and the amount so determined shall be transferred by the county
auditor from the tax-forfeited funds accruing to the governmental subdivision wherein the
privately owned lands were situated to the governmental subdivision wherein the Class B lands
lay. The lands received shall thereupon become subject to trust in favor of the governmental
subdivision wherein they lie and to all laws relating to tax-forfeited lands.
The county board may also make a determination of payment to be made as to land
exchanges heretofore made and direct the county auditor to make such transfer; and when such
transfer has been made, such lands shall become subject to trust in favor of the governmental
subdivision in which they lie.
The maximum which may be fixed as payment for the equity held by any governmental
subdivision shall in no case exceed the amount said governmental subdivision would have
received if the lands had been sold for the appraised value as determined for the purpose of the
exchange.
History: 1941 c 393 s 4; 1949 c 437 s 1; 1973 c 582 s 3; 1975 c 271 s 6; 1984 c 543 s 5;
1986 c 444; 1988 c 628 s 18-21; 1989 c 335 art 1 s 84; 1992 c 405 s 3; 1Sp2005 c 1 art 2 s 89-94
94.345 FORMS PRESCRIBED BY ATTORNEY GENERAL.
The attorney general shall prescribe or approve the forms for all deeds, certificates, and other
instruments required in these proceedings, and the procedure for delivery thereof.
History: 1941 c 393 s 5
94.346 TITLES.
    Subdivision 1. State may quiet. The state may bring and maintain an action to quiet or
register the title to any land or interest in land which it owns or claims in any capacity and to
determine all adverse claims thereto under any law pertaining to such proceedings, whether or not
the land is actually in possession of or occupied by the state or any other person or corporation.
    Subd. 2. Attorney general may perfect. The attorney general, at the request or with the
approval of the board, may commence and carry on any necessary or proper actions to perfect
the titles to lands owned by the state and subject to exchange under sections 94.341 to 94.347,
and may authorize any county attorney or other attorney to assist in conducting any such action.
The expenses of these actions, including such attorneys' fees as the attorney general may
allow to county attorneys or other attorneys representing the state, shall be payable out of any
appropriations available for the purposes of sections 94.341 to 94.347. Any county attorney
performing such service shall be entitled to the fees allowed therefor in addition to regular
compensation unless the salary is fixed on a full time basis.
In case an action is necessary to perfect the title to any privately owned land involved in an
exchange hereunder, and the owner of the land is unable to bear the expense thereof, the Land
Exchange Board may authorize the attorney general to conduct such action and pay the expenses
thereof as in case of actions to perfect the title to state lands. The expenses of the action, including
attorney's fees, shall be deducted from the value of the land for the purpose of exchange, subject
to payment by the owner for any difference in value as herein provided, or shall be repaid by
the owner otherwise upon such terms as the board may direct. All money received on account
of such expenses shall be remitted to the commissioner of finance and credited to the fund from
which the expenses were paid.
History: 1941 c 393 s 6,7; 1975 c 271 s 6; 1986 c 444; 2003 c 112 art 2 s 50
94.347 CERTAIN LAND SUBJECTED TO LIKE TRUSTS.
The lands acquired by the state under Laws 1939, Chapter 343, shall be subject to like trusts
as the state lands involved in the actions for damages mentioned therein. The commissioner shall
determine to what trusts the several tracts of land so acquired shall be subject according to their
location, character, and value, making due allowance for the relative proportions of the different
trusts to which the damaged lands were subject, and make and file a certificate thereof in the
office having custody of the records of such lands in the department. The determination of the
commissioner so certified shall be deemed conclusive as to the trust status of the lands affected
unless thereafter changed by act of the legislature.
History: 1941 c 393 s 8
94.348 [Repealed, 1Sp2005 c 1 art 2 s 162]
94.349 [Repealed, 1Sp2005 c 1 art 2 s 162]
94.35 [Renumbered 92.461, subd 2]
94.351 ESCHEAT SUBJECT TO ENCUMBRANCE.
When any land has become the property of the state by escheat and is subject to any
encumbrance arising from taxes, assessments, or otherwise the commissioner of finance, with the
approval of the governor and the attorney general and for a consideration to be determined by
them, may execute in the name of the state a deed of the land to the holder of the encumbrance.
History: (6329) RL s 2441; 1973 c 492 s 14
94.36 [Repealed, 1975 c 61 s 26]
94.37 [Repealed, 1975 c 61 s 26]
94.38 [Repealed, 1975 c 61 s 26]
94.39 [Repealed, 1975 c 61 s 26]
94.40 [Repealed, 1975 c 61 s 26]
94.41 RELINQUISHMENT OF LANDS TO UNITED STATES.
When any land has been erroneously certified or conveyed to the state by the United States,
the governor may execute, under the seal of the state, a relinquishment or reconveyance thereof.
History: (6528) RL s 2516
94.44 GRANT BY MUNICIPAL CORPORATION.
When the United States shall desire land for any purpose of the government which is owned
by any city, town, county, or other municipal or quasi-municipal corporation or in which such
corporation has any right it shall be lawful for the governing body of such corporation to grant
and convey the same to the United States.
History: (6529) RL s 2517
94.45 UNITED STATES SURVEY; DAMAGES.
Any person employed pursuant to the laws of the United States in the execution of a survey
may enter upon any land in the state for the purpose of doing any act which may be necessary
thereto, and may establish permanent station marks, and erect the necessary signals and temporary
observatories. If the parties interested cannot agree upon the amount to be paid for damages
caused thereby either may petition the district court for the county in which the land is situated to
assess the damages. The court shall appoint a time for a hearing as soon as may be, and order at
least 20 days' notice thereof to be given to all parties interested, and shall, with or without view of
the premises, as the court may determine, hear the parties and assess the damages. The person so
entering upon the land may tender to the injured party damages and if, in case of a petition, the
damages assessed do not exceed the amount tendered, the person entering shall recover costs;
otherwise the other party shall recover costs.
History: (6530) RL s 2518
94.46 INJURY TO SIGNAL.
Whoever willfully defaces, injures, or removes any signal, monument, building, or other
property of the United States erected or used in the coast and geodetic survey, pursuant to the
laws of the United States, shall forfeit not exceeding $50 for each offense, and shall be liable
to the United States for all damages sustained by it in consequence thereof, to be recovered
in a civil action.
History: (6531) RL s 2519
94.47 COMMISSIONER MAY PURCHASE LANDS FROM UNITED STATES
GOVERNMENT.
The commissioner is hereby authorized to purchase, to accept by gift or lease, or by tenure
title, any lands owned by the United States government, including timber thereon, within the
townships in which state forests, or state parks or game refuges or public shooting grounds have
been set apart, or will hereafter be set apart by the legislature. These tracts when the title thereto
has become vested in the state shall become and be a part of the state forests, or state parks, or
game refuges, or public shooting grounds subject to all laws and rules relating to state forests, or
state parks, or game refuges, or public shooting grounds.
History: (6536-1) 1935 c 333 s 1; 1985 c 248 s 70
94.48 MAY EXPEND MONEY ON LEASED LAND.
When lands are obtained by lease from the United States government under sections 94.47 to
94.51 the commissioner shall be authorized to make expenditures from any funds not otherwise
obligated for the management, development, and utilization of such areas; to sell or otherwise
dispose of products from such lands and make necessary rules to carry out the purposes of sections
94.47 to 94.51. Unless otherwise provided all incomes derived from such leased lands shall be
paid into the state treasury and credited to the state forest fund, and the same is hereby annually
reappropriated for the use of the commissioner in the acquisition, management, development,
and use of such leased lands until all obligations incurred have been paid in full. Thereafter all
revenues received therefrom shall be distributed in accordance with Laws 1933, chapter 313.
History: (6536-2) 1935 c 333 s 2; 1985 c 248 s 70
94.49 NOT TO CREATE DEBT.
Obligations for the acquisition of lands by lease incurred under the authority of sections
94.47 to 94.51 shall be paid solely and exclusively from revenues derived from such lands and
shall not impose any liability under the general credit and taxing power of the state.
History: (6536-3) 1935 c 333 s 3
94.50 MAY SELL AND EXCHANGE LANDS.
The commissioner, with the approval of the Executive Council, shall have full power and
authority to sell, exchange, or lease lands under jurisdiction of the commissioner when it is
deemed advantageous to the state in the interests of the highest development, utilization, and
management of state forests. Such sale, lease, or exchange of lands shall not be contrary to the
terms of any contract which has been entered into and shall not apply to state trust fund lands.
History: (6536-4) 1935 c 333 s 4; 1986 c 444
94.51 COMMISSIONER TO MAKE RULES.
The commissioner is hereby authorized to make such rules as may be necessary to carry
out the purposes of sections 94.47 to 94.51 and is hereby authorized to enter into cooperative
agreements with appropriative officials of the United States for and on behalf of the state of
Minnesota in order to secure the full benefits to this state of the provisions of an act of Congress
introduced March 21, 1935, as H.R. 6914, and all other acts of Congress which have been or may
be passed providing for ways and means of authorizing cooperation with the states for the purpose
of stimulating the acquisition, development, and management of state lands and coordinating
federal and state activities in carrying out a national program of land use and management, and
for other similar purposes; that sections 94.47 to 94.51 and all other acts and amendments thereto
and all rules and agreements made hereunder shall be liberally construed for the purpose of
making possible the complete cooperation of the agencies of this state with the agencies of the
federal government.
History: (6536-5) 1935 c 333 s 5; 1985 c 248 s 70
94.52 EXPENDITURE OF STATE'S PERCENTAGE OF PROCEEDS OF SALE OF
LAND TO THE UNITED STATES.
    Subdivision 1. Expenditures. All sums heretofore or that may hereafter be received from the
United States government, on account of an act of Congress approved May 23, 1908 (35 Stat.
260), or any amendments thereof hereafter enacted shall be expended as follows:
One-half for public schools and the remainder for public roads in the counties in which the
national forests are situated; provided, that any county coming within the provisions of said
act of Congress is hereby authorized to borrow money from the federal government or any of
its agencies and to use moneys received pursuant to the provisions of said act of Congress or
amendments thereto for the purpose of repaying any loan or loans made to such county by the
federal government or any of its agencies. In the case of the Superior National Forest, the counties
of Cook, Lake, Koochiching, and St. Louis shall share in the distribution of the sum received from
that source in the same proportion that the federally owned lands in each county which are within
the boundaries of said forest bear to the total number of acres of federally owned lands in said
forest area. In the case of the Chippewa National Forest, the counties of Cass, Itasca, and Beltrami
shall share in the distribution of the sum received from that source in the same proportion that the
federally owned lands in each county, which are within the boundaries of said forest bear to the
total number of acres of federally owned lands in said forest area.
    Subd. 2. Distributions validated; appropriation. Any distribution made by the state of
moneys received from the United States government on account of said act of Congress is hereby
legalized and made valid and effective to the same extent as though the method of distribution
used was provided for by the legislative enactment prior to the distribution thereof.
There is hereby appropriated from such moneys in the state treasury not otherwise
appropriated to the public schools or the counties as provided by this section, an amount sufficient
to make the necessary payments as are provided herein.
History: (6536-11) 1913 c 58 s 1; Ex1936 c 80 s 1; 1943 c 569 s 1; 1959 c 158 s 12
94.521 DISTRIBUTION OF FEDERAL AID.
    Subdivision 1. Expenditures. All sums of money heretofore or which may hereafter be
received from the United States government on account of the act of Congress approved June
28, 1934 (Statutes at Large, volume 48, page 1273), amended by act approved June 26, 1936
(Statutes at Large, volume 49, page 1978), and the act approved June 28, 1938 (Statutes at Large,
volume 52, page 1221), or any amendments thereof heretofore or hereafter enacted shall be
expended as follows:
One-half for public schools and the remainder for public roads in the counties in which
the land producing such money is situated.
    Subd. 2. Appropriation. There is hereby appropriated to the public schools or counties
entitled to such payment, from such money in the state treasury not otherwise appropriated, an
amount sufficient to make the payments as provided herein.
History: 1947 c 336 s 1; 1959 c 158 s 13
94.522 TRANSMISSION OF WARRANTS TO COUNTY TREASURERS; USE OF
PROCEEDS.
It shall be the duty of the commissioner of finance to transmit warrants on the state treasury
to the county treasurer of the respective counties for the sums that may be due in accordance with
section 94.521, which sums are hereby appropriated out of the state treasury from the amounts
received from the United States government pursuant to the aforesaid acts of Congress, and such
money shall be used by the counties receiving the same for the purposes and in the proportions
herein provided.
History: 1947 c 336 s 2; 1973 c 492 s 14
94.53 WARRANT TO COUNTY TREASURERS; FEDERAL LOANS TO COUNTIES.
It shall be the duty of the commissioner of finance to transmit warrants on the state treasury
to the county treasurers of the respective counties for the sum that may be due in accordance with
sections 94.52 to 94.54, which sum or sums are hereby appropriated out of the state treasury
from the amounts received from the United States government pursuant to the aforesaid act of
Congress. The commissioner of finance, upon being notified by the federal government or any
agencies thereof that a loan has been made to any such county the repayment of which is to be
made from such fund, is authorized to transmit a warrant or warrants to the federal government
or any agency thereof sufficient to repay such loan out of any money apportioned or due to
such county under the provisions of such act of Congress, approved May 23, 1908 (Statutes at
Large, volume 35, page 260).
History: (6536-12) 1913 c 58 s 2; Ex1936 c 80 s 2; 1973 c 492 s 14; 1986 c 444; 2003 c
112 art 2 s 14
94.54 SCHOOLS AND ROADS NEAR NATIONAL FORESTS.
It shall be the duty of the county board of each county receiving such money to use the
portion allotted to public schools to aid in maintaining those school districts that may be situated
within or near the national forest, and the portion allotted for public roads shall be used, as far
as practicable, in the construction and repair of roads within or near the national forests. This
section shall not apply to any such sums of money which may have been allotted or set aside for
the purpose of paying loans which may have been made by any county pursuant to the provisions
of sections 94.52 and 94.53.
History: (6536-13) 1913 c 58 s 3; Ex1936 c 80 s 3
94.55 TRANSFER OF STATE-OWNED IMPROVEMENTS.
The commissioner may sell or transfer an improvement located on state-owned lands, the
compensation for which shall be determined by the commissioner. The sale or transfer shall
be accomplished by a bill of sale, describing the improvement transferred and the terms and
conditions of the sale or transfer. Proceeds resulting from the sale or transfer must be deposited in
the state treasury and credited to the land acquisition account established in section 94.165.
History: 1997 c 216 s 76