2006 Minnesota Statutes

16B.26 UTILITY COMPANIES, PERMITS TO CROSS STATE-OWNED LANDS.
    Subdivision 1. Easements. (a) Authority. Except where the authority conferred by this
section has been imposed on some other state or county office, the commissioner may grant
an easement or permit over, under, or across any land owned by the state for the purpose of
constructing roads, streets, telephone, telegraph, and electric power lines, cables or conduits,
underground or otherwise, or mains or pipe lines for gas, liquids, or solids in suspension. This
authority does not apply to land under the jurisdiction of the commissioner of natural resources
or land obtained for trunk highway purposes.
(b) Notice of revocation. An easement or permit is revocable by written notice given by the
commissioner if at any time its continuance will conflict with a public use of the land over, under,
or upon which it is granted, or for any other reason. The notice must be in writing and is effective
90 days after the notice is sent by certified mail to the last known address of the record holder
of the easement. If the address of the holder of the easement or permit is not known, it expires
90 days after the notice is recorded in the office of the county recorder of the county in which
the land is located. Upon revocation of an easement, the commissioner may allow a reasonable
time to vacate the premises affected.
(c) Easement runs with land. State land subject to an easement or permit granted by the
commissioner remains subject to sale or lease, and the sale or lease does not revoke the permit
or easement granted.
    Subd. 2. Land controlled by other agencies. If the easement or permit involves land under
the jurisdiction of an agency other than the Department of Administration, it is subject to the
approval of the head of the agency and is subject to revocation by the commissioner as provided
in this section, on request of the head of the agency.
    Subd. 3. Application. An application for easement or permit under this section must be in
quadruplicate and must include: a legal description of the land affected; a map showing the area
affected by the easement or permit; and a detailed design of any structures to be placed on the
land. The commissioner may require that the application be in another form and include other
descriptions, maps, or designs. The commissioner may at any time order changes or modifications
respecting construction or maintenance of structures or other conditions of the easement which
the commissioner finds necessary to protect the public health and safety.
    Subd. 4. Form; duration. The easement or permit must be in a form prescribed by the
attorney general and must describe the location of the easement granted. The easement or permit
continues until revoked by the commissioner, subject to change or modification as provided
in this section.
    Subd. 5. Consideration; terms. The commissioner may prescribe consideration and
conditions for granting an easement or permit. Money received by the state under this section
must be credited to the fund to which income or proceeds of sale from the land would be credited,
if provision for the sale is made by law. Otherwise, it must be credited to the general fund.
History: 1984 c 544 s 31