2007 Minnesota Statutes

93.335 STATE LANDS, MINERALS, MINERAL RIGHTS ACQUIRED UNDER TAX
LAWS.
    Subdivision 1. Lands held in trust for taxing districts; lease terms and conditions.
Mining leases issued as provided by sections 93.14 to 93.33, except as otherwise specifically
provided under this section, shall be subject to all the terms, conditions, and provisions of sections
93.14 to 93.33, regardless of whether or not the lands or minerals and mineral rights are held
in trust for taxing districts.
    Subd. 2. Undivided interests; amendment of leases. If the interest in lands or minerals and
mineral rights acquired by the state under the tax laws is an undivided part of the whole interest
therein, the quarterly and annual rentals and minimum royalty to be bid and paid to the state upon
the leasing thereof shall be such proportion of the amounts stipulated in the laws under which
such leases are executed as the undivided part owned by the state bears to the whole interest in
such lands, or minerals and mineral rights. The specification in any such lease issued in the form
provided by such sections that the interest covered thereby is a fractional undivided interest shall
be a sufficient statement that the quarterly rentals, annual rentals, and minimum royalties to be
paid thereunder shall be such proportion of the amount stated in the lease as the undivided interest
covered thereby bears to the whole interest in such lands or minerals and mineral rights.
If it shall be determined by final judgment or decree that the interest owned by the state in
any tract of land covered by any iron ore or taconite iron ore mining lease issued pursuant to this
section is less than that described in said lease, such lease, upon application by the lessee to
the commissioner of natural resources, shall be amended in such form as the attorney general
shall approve to delete the interest not owned by the state as determined by said judgment or
decree. The lessee shall be entitled to a credit against royalties which shall thereafter become due
pursuant to said lease for all moneys previously paid to the state for such deleted interest.
    Subd. 3. Lease to be for mineral rights only in certain cases. If, because of having sold the
surface of such lands, reserving the minerals and mineral rights, or from any other cause, the state
owns only the minerals and mineral rights in any lands leased hereunder, the commissioner of
natural resources shall confine such lease to such minerals and mineral rights. The amount of
the quarterly rentals, annual rentals, and minimum royalties to be bid and paid to the state upon
such leases shall not be reduced by reason of that fact, and the lessee shall acquire all such rights
to use the surface of such lands as were reserved or are owned by the state under its reservation
of minerals and mineral rights. Any specification of rights to the surface in such lease shall
be construed as limited by this subdivision.
    Subd. 4.[Repealed, 2000 c 495 s 53]
    Subd. 5.[Repealed, 2000 c 495 s 53]
History: 1943 c 287; 1949 c 587 s 1; 1951 c 451 s 1; 1959 c 158 s 11; 1963 c 685 s 1; 1967
c 152 s 1; 1969 c 399 s 1; 1969 c 1129 art 10 s 2; 1973 c 123 art 5 s 7; 1973 c 492 s 14; 1987 c
404 s 116; 1989 c 335 art 4 s 30; 1990 c 391 art 8 s 19; 2000 c 495 s 27