2007 Minnesota Statutes

16B.281 SALE AND DISPOSITION OF SURPLUS STATE-OWNED LAND.
    Subdivision 1. Applicability. All tracts or lots of real property belonging to the state or that
may hereafter accrue to the state, including tracts or lots that have escheated to the state, may
be disposed of according to sections 16B.281 to 16B.287. Sections 16B.281 to 16B.287 do 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 provided for under sections 94.09 to 94.16 or other 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 whether there is any state-owned land under control and supervision of that
department or agency that is no longer needed. If the certification discloses lands no longer
needed for a department or agency, the head of the department or agency shall include in the
certification a description of the lands and the reasons why the lands are no longer needed.
    Subd. 3. Notice to agencies; determination of surplus. On or before October 1 of each
year, the commissioner 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 that 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, state the reasons for the sale or disposition of the lands,
and notify the Executive Council of the determination.
    Subd. 4. Executive Council approval. Within 60 days after the receipt of the notification
from the commissioner, 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 16B.281 to 16B.287. If the Executive Council disapproves
the determinations, the same determinations regarding the surplus lands may not be resubmitted
to the Executive Council until at least six months after the date of the disapproval.
    Subd. 5. Report required. On or before November 15 of each even-numbered year, the
commissioner shall report to the governor and the legislature the following information for the
two-year period immediately preceding:
(1) the lands that state departments and agencies have certified as no longer needed;
(2) the lands that have been determined to be no longer needed for state purposes, regarding
which the Executive Council has been formally notified; and
(3) the lands that have been publicly sold.
    Subd. 6. Maintenance of land before sale. The state department or agency holding custodial
control shall maintain the state-owned lands until the lands are sold or otherwise disposed of as
provided for in sections 16B.281 to 16B.287.
History: 2004 c 262 art 1 s 2