2000 Minnesota Statutes

     94.09 Sale and disposition of surplus state-owned land. 

    Subdivision 1.    Applicability.  All tracts or lots of 
 real property belonging to the state of Minnesota or that may 
 hereafter accrue to the state, including tracts or lots which 
 have escheated to the state, may be disposed of in accordance 
 with sections 94.09 to 94.16; provided, sections 94.09 to 94.16 
 shall not apply to school or other trust fund lands, belonging 
 to the state, or that may hereafter accrue to the state, under 
 and by virtue of any act of Congress or to any other state-owned 
 lands the sale or disposition of which is otherwise provided for 
 by law.  

    Subd. 2.    Certification required.  On or before July 1 
 of each year the head of each department or agency having 
 control and supervision over any state-owned land the sale or 
 disposition of which is not otherwise provided for by law, shall 
 certify in writing to the commissioner of administration whether 
 or not there is any state-owned land under control and 
 supervision of that department or agency which is no longer 
 needed.  If the certification discloses lands no longer needed 
 for a department or agency, the head thereof shall include in 
 such certification a description of the lands, and the reasons 
 why such lands are no longer needed.  If the certification is by 
 the commissioner of natural resources, the duties prescribed for 
 the commissioner of administration by this section and sections 
 94.10 to 94.16 shall be performed by the commissioner of natural 
 resources. 

    Subd. 3.    Notice to agencies; determination of surplus. 
  On or before October 1 of each year, the commissioner of 
 administration shall review the certifications of heads of each 
 department or agency provided for in this section.  The 
 commissioner 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 of 
 administration 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 such lands are no longer 
 needed for state purposes, the commissioner shall make findings 
 of fact, describe the lands, declare such lands to be surplus 
 state land, state the reasons for the sale or disposition 
 thereof, and notify the state executive council of such 
 determination.  

    Subd. 4.    Executive council approval.  Within 60 days 
 after the receipt of the notification from the commissioner of 
 administration, the executive council shall approve or 
 disapprove the commissioner's determinations.  If the 
 determinations are approved, the lands shall be offered for sale 
 or otherwise disposed of as provided for in sections 94.09 to 
 94.16.  If the executive council disapproves the determinations, 
 the same determinations in regard thereto may not be resubmitted 
 to the executive council until at least six months from the date 
 of the disapproval have elapsed.  

    Subd. 5.    Report required.  On or before November 15 
 of each even numbered year the commissioner of administration 
 shall report to the governor and the legislature for the 
 two-year period immediately preceding the following: 

    (a) The lands which state departments and agencies have 
 certified as no longer needed.  

    (b) The lands which have been determined to be no longer 
 needed for state purposes, regarding which the executive council 
 has been formally notified.  

    (c) The lands which have been publicly sold.  

    (d) The trail lands which have been privately sold to 
 adjoining property owners and leaseholders under section 85.015, 
 subdivision 1, paragraph (b). 

    Subd. 6.    Maintenance of land before sale.  The state 
 department or agency holding custodial control shall maintain 
 such state-owned lands until the land is sold or otherwise 
 disposed of as provided for in sections 94.09 to 94.16.  

    HIST: (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