2007 Minnesota Statutes

94.342 CLASSES OF LAND.
    Subdivision 1. Class A. All land owned by the state and controlled or administered by the
commissioner or by any division of the Department of Natural Resources shall be known as Class
A land for the purposes of sections 94.341 to 94.347. Class A land shall include school, swamp,
internal improvement, and other land granted to the state by acts of Congress, state forest land,
tax-forfeited land held by the state free from any trust in favor of taxing districts, and other
land acquired by the state in any manner and controlled or administered as aforesaid; but this
enumeration shall not be deemed exclusive.
    Subd. 2. Class B. All lands heretofore or hereafter acquired by the state through
tax-forfeiture, held subject to a trust in favor of taxing districts, and under the control of county
authorities for classification, appraisal, and sale shall be known as Class B land for the purposes
of sections 94.341 to 94.347.
    Subd. 3. Additional restrictions on riparian land. Land bordering on or adjacent to any
meandered or other public waters and withdrawn from sale by law is riparian land. Riparian land
may not be given in exchange unless expressly authorized by the legislature or unless through the
same exchange the state acquires land on the same or other public waters in the same general
vicinity affording at least equal opportunity for access to the waters and other riparian use by
the public; provided, that any exchange with the United States or any agency thereof may be
made free from this limitation upon condition that the state land given in exchange bordering on
public waters shall be subject to reservations by the state for public travel along the shores as
provided by section 92.45, unless waived as provided in this subdivision, and that there shall be
reserved by the state such additional rights of public use upon suitable portions of such state land
as the commissioner of natural resources, with the approval of the Land Exchange Board, may
deem necessary or desirable for camping, hunting, fishing, access to the water, and other public
uses. In regard to Class B or riparian land that is contained within that portion of the Superior
National Forest that is designated as the Boundary Waters Canoe Area Wilderness, the condition
that state land given in exchange bordering on public waters must be subject to the public travel
reservations provided in section 92.45, may be waived by the Land Exchange Board upon the
recommendation of the commissioner of natural resources and, if the land is Class B land, the
additional recommendation of the county board in which the land is located.
    Subd. 4. Additional restrictions on state park land. Land specifically designated by law as
a state park may not be given in exchange unless the land is school trust land that is exchanged
for Class A land located outside a state park.
    Subd. 5. Additional restrictions on school trust land. School trust land may be exchanged
with other Class A land only if the Permanent School Fund Advisory Committee is appointed
as temporary trustee of the school trust land for purposes of the exchange. The committee shall
provide independent legal counsel to review the exchanges.
    Subd. 6. Reuniting and severing of surface and mineral interests. (a) When making a land
exchange, a goal of the Land Exchange Board shall be to reunite the surface interest with the
mineral interest whenever possible.
(b) If mineral interests are severed in an exchange, the Land Exchange Board must consider
the impact of severed mineral interests on minerals management.
History: 1941 c 393 s 2; 1949 c 373 s 1; 1969 c 1129 art 10 s 2; 1975 c 271 s 6; 1988 c 492
s 1; 1988 c 628 s 13-16; 1989 c 335 art 1 s 82; 1Sp2005 c 1 art 2 s 78-81