1999 Minnesota Statutes

     90.151 Permits to cut and remove timber sold at public 
  auction. 

    Subdivision 1.  (a) Following receipt of the down payment 
 for state timber sold at public auction, the commissioner shall 
 issue a numbered permit to the purchaser, in a form approved by 
 the attorney general, by the terms of which the purchaser shall 
 be authorized to enter upon the land, and to cut and remove the 
 timber therein described, according to the provisions of this 
 chapter.  The permit shall be correctly dated and executed by 
 the commissioner or agent and signed by the purchaser.  

    (b) The permit shall expire no later than five years after 
 the date of sale as the commissioner shall specify, and the 
 timber shall be cut within the time specified therein.  All cut 
 timber, equipment, and buildings not removed from the land 
 within 90 days after expiration of the permit shall become the 
 property of the state.  

    (c) The commissioner may grant an additional period of time 
 not to exceed 120 days for the removal of cut timber, equipment, 
 and buildings upon receipt of such request by the permit holder 
 for good and sufficient reasons.  No permit shall be issued to 
 any person other than the purchaser in whose name the bid was 
 made.  

    Subd. 2.  The permit shall state the amount of timber 
 estimated for cutting on the land, the estimated value thereof, 
 and the price at which it is sold per thousand feet, per cord, 
 per piece, or by whatever description sold, and shall specify 
 the identification marks to be used which shall be M I N unless 
 otherwise specified.  The permit shall provide that the permit 
 holder shall plainly place the specified marks upon a sufficient 
 number of pieces to adequately identify the timber from the time 
 of cutting until delivered to the consumer.  The permit shall 
 make provisions for the continuous identification of the cut 
 timber.  It shall provide that in case of any failure to mark 
 the timber as specified in the permit, the state has the right 
 to take possession of the cut timber.  

    Subd. 3.  The permit shall contain such provisions as may 
 be necessary to secure to the state the title of all timber cut 
 thereunder wherever found until full payment therefor and until 
 all provisions of the permit have been fully complied with.  The 
 permit shall provide that from the date the same becomes 
 effective until the expiration thereof, including all 
 extensions, the purchaser and successors in interest shall be 
 liable to the state for the full permit price of all timber 
 covered thereby, notwithstanding any subsequent damage or injury 
 thereto or trespass thereon or theft thereof, and without 
 prejudice to the right of the state to pursue such timber and 
 recover the value thereof anywhere prior to the payment therefor 
 in full to the state.  Upon recovery from any person other than 
 the permit holder, the permit holder shall be deemed released to 
 the extent of the net amount, after deducting all expenses of 
 collecting same, recovered by the state from such other person.  

    Subd. 4.  The permit shall provide that all timber sold or 
 designated for cutting shall be cut without damage to other 
 timber; that the permit holder shall remove all timber 
 authorized to be cut under the permit; that timber sold by board 
 measure but later determined by the commissioner not to be 
 convertible into board measure shall be paid for by the piece or 
 cord or other unit of measure according to the size, species, or 
 value, as may be determined by the commissioner; that the permit 
 holder shall pay to the state the permit price for all timber 
 authorized to be cut, including timber not cut. 

    Subd. 5.  The permit shall provide that the permit holder 
 upon request of the commissioner shall make a report in writing 
 to the commissioner under oath enumerating and stating the 
 amounts of timber cut under such permit, the kinds of timber 
 removed and the amounts of each in board feet, per piece, in 
 cords, or any other unit of measure, in the manner required by 
 the commissioner.  Any false return or report made to the 
 commissioner by any such permit holder or by any one 
 representing the permit holder shall constitute a gross 
 misdemeanor.  

    Subd. 6.  The permit shall provide that the permit holder 
 shall not start cutting any state timber nor clear building 
 sites nor logging roads until the commissioner has been notified 
 and has given prior approval to such cutting operations.  

    Subd. 7.  The permit shall provide that the permit holder 
 shall pay the permit price value for any timber sold which is 
 negligently destroyed or damaged by the permit holder in cutting 
 or removing other timber sold.  If the permit holder shall cut 
 or remove or negligently destroy or damage any timber upon the 
 land described, not sold under the permit, except such timber as 
 it may be necessary to cut and remove in the construction of 
 necessary logging roads and landings approved as to location and 
 route by the commissioner, such timber shall be deemed to have 
 been cut in trespass.  The permit holder shall be liable for any 
 such timber and recourse may be had upon the bond.  

    Subd. 8.  The permit shall provide that the commissioner 
 shall have the power to order suspension of all operations under 
 the permit when in the commissioner's judgment the conditions 
 thereof have not been complied with and any timber cut or 
 removed during such suspension shall be deemed to have been cut 
 in trespass; that the commissioner may cancel the permit at any 
 time when in the commissioner's judgment the conditions thereof 
 have not been complied with and such cancellation shall 
 constitute repossession of the timber by the state; that the 
 permit holder shall remove equipment and buildings from such 
 land within 90 days after such cancellation; that, if the 
 purchaser at any time fails to pay any obligations to the state 
 under any other permits, any or all permits may be canceled; and 
 that any timber removed in violation of the terms of the permit 
 or of any law shall constitute trespass. 

    Subd. 9.  The permit shall provide that the permit holder 
 shall burn or otherwise dispose of all slashings or other refuse 
 resulting from cutting operations in the manner now or hereafter 
 provided by law.  

    Subd. 10.  The permit shall provide that at any time the 
 state may bring an action or suit to restrain, enjoin and 
 prohibit the further cutting or removal of timber or the further 
 entry of the permit holder or representatives upon any of the 
 lands covered by the permit when in the opinion of the attorney 
 general any of the terms of the permit are being or have been 
 violated, which suit shall be without prejudice to any other 
 action or proceeding on behalf of the state.  

    Subd. 11.  Except as authorized under section 90.191, any 
 permit which fails to conform to the requirements of this 
 section or, in the case of a permit issued under section 90.121, 
 which fails to conform to the requirements of section 90.121, 
 shall be void.  

    Subd. 12.  The permit shall provide that should the 
 commissioner find it advisable to salvage or remove for proper 
 forest management certain unsold timber within the permit area, 
 this timber, with the written consent of the permit holder, may 
 be added at an appraised price to the timber sold.  

    Subd. 13. Repealed, 1994 c 551 s 12 

    Subd. 14. Repealed, 1994 c 551 s 12 

    HIST: (6394-17) 1925 c 276 s 17; 1937 c 368 s 3; 1961 c 202 s 
 14; 1967 c 27 s 1; 1967 c 66 s 2; 1967 c 110 s 3-9; 1967 c 568 s 
 5-7; 1969 c 366 s 3; 1975 c 106 s 3,4; 1981 c 305 s 5,6; 1986 c 
 444; 1987 c 109 s 8,9; 1994 c 551 s 6