USA Minnesota

USA Statutes : minnesota
Title : CONSERVATION
Chapter : Lands dedicated for conservation
84A.01 Red Lake Game Preserve. There is created a state wildlife preserve and
hunting ground to be known as the Red Lake Game Preserve. It is
created for the purpose of vesting and revesting the state with title
to lands in the area that are suitable primarily for state use and
development for the purpose of preserving, protecting, propagating,
and breeding wildlife of all suitable kinds, including all species of
game and fish and fur-bearing animals and birds of rare and useful
species, and for the development of forests and prevention of forest
fires, and the preservation and development of rare and distinctive
plant species native in the area. It includes all lands and waters
in Lake of the Woods County lying south of Rainy River, and south of
Lake of the Woods, and all full and fractional townships in Beltrami
County lying north of the north line of Township 151, excluding the
lands and waters within Red Lake Indian Reservation. It also
includes the part of Koochiching County lying west and northwesterly
of the following line: Beginning at a point where the range line
between Ranges 26 and 27 west of the fifth principal meridian
intersects the southerly bank of Rainy River; thence south on this
range line to the point formed by the intersection of this range line
with the easterly boundary line of the original Red Lake Indian
Reservation; thence southwesterly along the easterly boundary line of
the original Red Lake Indian Reservation to a point formed by the
intersection of the boundary line with the range line between Ranges
29 and 30 west of the fifth principal meridian.
84A.02 Department to manage preserve. (a) The Department of Natural Resources
shall manage and control the Red Lake Game Preserve. The department
may adopt and enforce rules for the care, preservation, protection,
breeding, propagation, and disposition of all species of wildlife in
the preserve. The department may adopt and enforce rules for the
regulation, issuance, sale, and revocation of special licenses or
special permits for hunting, fishing, camping, and other uses of this
area, consistent with sections 84A.01
to 84A.11.
The department may by rule set the terms, conditions, and charges for
these licenses and permits. (b) The rules may specify and
control the terms under which wildlife may be taken, captured, or
killed in the preserve, and under which fur-bearing animals, or
animals and fish otherwise having commercial value, may be taken,
captured, trapped, killed, sold, and removed from it. These rules
may also provide for (1) the afforestation and reforestation of state
lands in the preserve, (2) the sale of merchantable timber from these
lands when, in the opinion of the department, it can be sold and
removed without damage or injury to the further use and development
of the land for wildlife and game in the preserve, and (3) the
purposes for which the preserve is established by sections 84A.01
to 84A.11.(c) The department may provide for the policing of the preserve
as necessary for its proper development and use for the purposes
specified. The commissioner of natural resources may employ and
designate individuals according to section 84.0835
to enforce laws governing the use of the preserve. (d) The
department shall also adopt and enforce rules concerning the burning
of grass, timber slashings, and other flammable matter, and the
clearing, development, and use of lands in the preserve as necessary
to prevent forest fires and grass fires that would injure the use and
development of this area for wildlife preservation and propagation
and to protect its forest and wooded areas. (e) Lands within the
preserve are subject to the rules, whether owned by the state or
privately, consistent with the rights of the private owners and with
applicable state law. The rules may establish areas and zones within
the preserve where hunting, fishing, trapping, or camping is
prohibited or specially regulated, to protect and propagate
particular wildlife in the preserve. (f) Rules adopted under
sections 84A.01
to 84A.11
must be posted on the boundaries of the preserve.
84A.03 Red Lake Game Preserve fund. The Red Lake Game Preserve fund is created.
The following funds must be paid into the state treasury and credited
to the fund and are annually appropriated for the purposes of
sections 84A.01
to 84A.11:(1) the proceeds of certificates of indebtedness issued under
sections 84A.01
to 84A.11;(2) money received from redemption, as provided in those
sections; (3) money received as gifts to the state for the care,
preservation, improvement, and maintenance of the preserve; (4)
income from the operation, development, management, and use of the
preserve, including fees for licenses and permits; (5) income
from the sale of birds, animals, fish, and plants from the preserve,
and from the sale of lands and timber owned by the state within the
area, other than university, school, and swamp lands, state forest
lands set apart under the Minnesota Constitution, article XI, section
11, and state lands acquired under the system of rural credit; and(6) state money transferred to the preserve under state law. 84A.04 County auditor to make list of lands. Subdivision 1. 1929 report.
The auditor of each county containing a portion of the preserve shall
certify to the commissioner of natural resources a list of the lands
within the boundaries of the preserve, except lands within the
boundaries of an incorporated city, that have been bid in for the
state at the delinquent tax sale held in 1928 for the nonpayment of
taxes or special drainage assessments and not redeemed or assigned to
an actual purchaser. The certificate must contain: (1) the legal
description of each parcel of lands; (2) the amount of principal
and interest of delinquent drainage assessments, if any, or
assessment installments for all years before the date of the report,
against each parcel of land; and (3) the amount of drainage
assessments assessed against each parcel of land that have been or
are to be extended on the county tax rolls for collection with the
taxes for 1927 and later years. Subd. 2. Annual
reports. On or before June 15 of each year after the report, the
county auditor shall certify to the commissioner of natural resources
a supplemental report giving the information contained in the
original report covering the lands within the preserve bid in for the
state at the annual tax sale of that year and not included in the
previous report. Subd. 3. Reports of land redemptions.
When redemption is made of any parcel of land within the preserve
that has been bid in for the state at any tax sale for taxes levied
before April 19, 1929, or when the tax liens on the land are assigned
to an actual purchaser, the county auditor shall report the fact to
the commissioner of natural resources, and the county treasurer shall
send the proceeds of redemption to the commissioner of finance.
Subd. 4. Drainage ditch bonds; reports. (a) After each
distribution of the tax collections on the June and November tax
settlements, the county auditor shall certify to the commissioner of
natural resources the following information relating to bonds issued
to finance or refinance public drainage ditches wholly or partly
within the preserve and the collection of assessments levied on
account of the ditches: (1) the amount of principal and interest
to become due on the bonds before the next tax settlement and
distribution; (2) the amount of money collected from the drainage
assessments and credited to the funds of these ditches; and (3)
the amount of the deficit in the ditch fund of the county chargeable
to the ditches. (b) On approving this certificate, the
commissioner of natural resources shall draw a warrant or warrants on
the commissioner of finance, payable out of the Red Lake Game
Preserve fund, for the amount of the deficit in favor of the county.(c) As to public drainage ditches wholly within the preserve, the
amount paid to or for the benefit of the county under paragraph (b)
must never exceed the principal and interest of the bonds issued to
finance and refinance the ditches outstanding after April 19, 1929,
less money on hand in the county ditch fund to the credit of the
ditches. The liability shall be reduced, from time to time, by the
amount of all payments of assessments extended after April 19, 1929,
made by the owners of lands assessed before that date for benefits on
account of the ditches. (d) As to public drainage ditches partly
within and partly outside the preserve, the amount paid to or for the
benefit of the county must never exceed a certain percentage of bonds
issued to finance and refinance the ditches so outstanding, less
money on hand in the county ditch fund to the credit of the ditches
after April 19, 1929. This percentage must bear the same proportion
to the whole amount of the bonds as the original benefits assessed
against lands within the preserve bear to the original total benefits
assessed to the entire system of ditches. The liability shall be
reduced, from time to time, by the payments of all assessments
extended after April 19, 1929, made by the owners of lands in the
preserve, of assessments for benefits assessed before April 19, 1929,
on account of the ditch. (e) The commissioner of natural
resources may provide and prescribe the forms for reports required by
sections 84A.01
to 84A.11
and require any additional information from county officials that the
commissioner of finance finds necessary for the proper administration
of sections 84A.01
to 84A.11.

84A.05 Repealed, 1949 c 498 s 8
84A.06 Repealed, 1949 c 498 s 8
84A.07 Preserve lands to be held by state. The title to parcels of land within the
preserve, except lands within the boundaries of any incorporated
city, that are acquired by the state under Laws 1927, chapter 119, as
amended, is held by the state, free from the trust in favor of the
taxing districts specified in that chapter. Title must be held and
used, or disposed of, in accordance with sections 84A.01
to 84A.11.

84A.08 Preserve lands classified. On receiving the reports of a county auditor
specified in section 84A.04,
the commissioner of natural resources shall certify a copy of the
report to the department. The department shall classify the lands as
to their suitability for agriculture, afforestation or reforestation,
or ownership and use by the state for preserving, propagating,
breeding, and hunting of wildlife of the kinds specified in section
84A.01.
After the state acquires title to the lands they may be reclassified.
Lands that become the absolute property of the state under sections
84A.01
to 84A.11
and have been classified as suitable for agriculture, and timber from
any lands so acquired, may be sold by the state.
84A.09 Gifts received. The department may receive for the state and acknowledge any
gifts, bequests, devises, or grants of land or interests in lands in
the preserve, or of money or personal property of any kind, that it
considers suitable for use in connection with the operation, control,
development, or use of the preserve.
84A.10 Eminent domain. The department has the right of eminent domain in chapter
117. The department may acquire, by eminent domain or by purchase,
lands or interests in lands in the preserve that the department
considers necessary for state ownership, use, or development for the
purposes of sections 84A.01
to 84A.11.
No money shall be used to acquire the lands or interests until the
department determines that the money will not be required to meet the
requisitions of the counties authorized under section 84A.04,
or for payment of certificates of indebtedness and their interest.

84A.101 Rule violation; misdemeanor. Any person who, within the limits of
the preserve, willfully violates a rule of the department, is guilty
of a misdemeanor.
84A.11 When bonds paid in part by counties. A county containing a portion of the
preserve may voluntarily assume, in the manner specified in this
section, the obligation to pay a portion of the principal and
interest of the bonds issued before April 19, 1929, and remaining
unpaid at maturity, of any school district or town in the county and
wholly or partly within the preserve. The portion must bear the same
proportion to the whole of the unpaid principal and interest as the
1928 assessed valuation of lands then acquired by the state under
sections 84A.01
to 84A.11 in that school district or town bears to the total 1928
assessed valuation of the school district or town. This
assumption must be evidenced by a resolution of the county board. A
copy of the resolution must be certified to the commissioner of
finance within one year after the passage of sections 84A.01
to 84A.11. After that time, if any bonds remain unpaid at
maturity, the county board shall, upon demand of the governing body
of the school district or town or of a bondholder, provide for the
payment of the portion assumed. The county board shall levy general
taxes on all the taxable property of the county for that purpose, or
shall issue its bonds to raise the sum needed conforming to law
respecting the issuance of county refunding bonds. The proceeds of
these taxes or bonds must be paid by the county treasurer to the
treasurers of the respective school districts or towns. If a
county fails to adopt and certify this resolution, the commissioner
of finance shall withhold from the payments to be made to the county,
under section 84A.04,
a sum equal to that portion of the principal and interest of these
outstanding bonds that bears the same proportion to the whole
principal and interest as the 1928 assessed valuation of lands
acquired by the state within the preserve bears to the total 1928
assessed valuation of the school district or town. The money
withheld must be set aside in the state treasury and not paid to the
county until the full principal and interest of these school district
and town bonds is paid. If any bonds remain unpaid at maturity,
upon the demand of the governing body of the school district or town,
or a bondholder, the commissioner of finance shall issue to the
treasurer of the school district or town a warrant for that portion
of the past due principal and interest computed as in the case of the
county liability authorized to be voluntarily assumed. Money
received by a school district or town under this section must be
applied to the payment of these past due bonds and interest. 84A.20 County action to set off areas. Subdivision 1. Purposes. The
powers in this section are granted for the purpose of: (1)
vesting and revesting the state with title to lands suitable
primarily for the development of forests and the prevention of forest
fires, and for experimenting in and practically advancing
afforestation and reforestation; (2) impounding, controlling, and
regulating the waters of meandered lakes and the flow of natural
streams in the state; or (3) other state purposes. Subd. 2.County proposal to state. Under certain conditions, the board
of county commissioners of any county may by resolution propose to
the state that one or more areas in the county be taken over by the
state for afforestation, reforestation, flood control projects, or
other state purposes. The projects are to be managed, controlled,
and used for the purposes in subdivision 1 on lands to be acquired by
the state within the projects, as set forth in sections 84A.20 to 84A.30.
The county board may propose this if (1) the county contains lands
suitable for the purposes in subdivision 1, (2) on January 1, 1931,
the taxes on more than 35 percent of the taxable land in the county
are delinquent, (3) on January 1, 1931, the county's bonded ditch
indebtedness, including accrued interest, equals or exceeds nine
percent of the assessed valuation of the county, exclusive of money
and credits. The area taken over must include lands that have
been assessed for all or part of the cost of the establishment and
construction of public drainage ditches under state law, and on which
the assessments or installments are delinquent. A certified copy of
the county board's resolution must be filed with the department and
considered and acted upon by the department. If approved by the
department, it must then be submitted to, considered, and acted upon
by the executive council. If approved by the Executive Council, the
proposition must be formally accepted by the governor. Acceptance
must be communicated in writing to and filed with the county auditor.Subd. 3. Definitions. State lands that have been sold as
provided by law and for which certificates of sale have been issued
are taxable lands within the meaning of this section. If the taxes
against the lands or the interest of the purchaser in them are
delinquent, they are delinquent within the meaning of subdivision 2
until the title of the certificate holder has been terminated by the
commissioner in accordance with section 92.16.

84A.21 Department to manage projects. (a) The department shall manage and control
each project approved and accepted under section 84A.20.
The department may adopt and enforce rules for the purposes in
section 84A.20,
subdivision 1, for the prevention of forest fires in the projects,
and for the sale of merchantable timber from lands so acquired by the
state when, in the opinion of the department, the timber may be sold
and removed without damage to the project. (b) These rules may
relate to the care, preservation, protection, breeding, propagation,
and disposition of any species of wildlife in the project and the
regulation, issuance, sale, and revocation of special licenses or
special permits for hunting, fishing, camping, and other uses of the
areas consistent with applicable state law. (c) The department
may provide for the policing of each project as needed for the proper
development, use, and protection of the project and its purposes.
The commissioner of natural resources may employ and designate
individuals according to section 84.0835
to enforce laws governing the use of the projects. (d) Lands
within a project are subject to these rules, whether owned by the
state or privately, consistent with the rights of the private owners
or with applicable state law. The rules must be published once in
one qualified newspaper in each county affected and take effect after
publication. They must also be posted on the boundaries of each
project affected.
84A.22 Disposal of proceeds. The following funds must be paid to the state
treasury, credited to the project to which they pertain and are
annually appropriated to its purposes: (1) the proceeds of all
certificates of indebtedness issued under sections 84A.20
to 84A.30;(2) money received from redemption, as provided in sections
84A.22 to 84A.30;(3) money received as gifts to the state for the purposes of any
project; (4) income from the operation, development, management,
and use of these projects, including fees from licenses and permits;(5) income received from the sale of all birds, animals, fish,
and plants from the projects and from the sale of lands and timber
owned by the state within the area, other than university, school,
and swamp lands, state forest lands set apart under the Minnesota
Constitution, article XI, section 11, and state lands acquired under
the system of rural credit; and (6) state money transferred to
the project under state law. Under sections 84A.20
to 84A.30,
the aggregate of all certificates of indebtedness issued must not
exceed $2,250,000.
84A.23 County auditor to certify tax-delinquent lands. Subdivision 1. First
report. As soon as practicable after the approval and acceptance
of a project, the auditor of each county where the project is
situated shall certify to the commissioner of finance a list of lands
within the project, except lands within the boundaries of a city,
that have been bid in for the state at the delinquent tax sale held
in 1928 for the nonpayment of taxes or special drainage assessments
and not redeemed or assigned to an actual purchaser. The certificate
must contain: (1) the legal description of each parcel of the
lands; (2) the amount of the principal and interest of delinquent
drainage assessments, if any, or installments of assessments for all
years before the date of the report against each parcel of land; and(3) the amount of drainage assessments assessed against each
parcel of land, that have been or are to be extended on the county
tax rolls for collection with the taxes for 1927 and later years.Subd. 2. Supplemental reports. On or before June 15 of
each year after the report, the county auditor shall certify to the
commissioner of finance a supplemental report giving the information
contained in the original report covering the lands within each
project bid in for the state at the annual tax sale of that year and
not included in the previous reports. Subd. 3. Redemption
or lien assignment; proceeds. When redemption is made of any
parcel of the land within a project that has been bid in for the
state at a tax sale for taxes levied before April 25, 1931, or when
tax liens on these lands are assigned to an actual purchaser, the
county auditor shall report the fact to the commissioner of finance,
and the county treasurer shall send the proceeds of the redemption or
assignment to the commissioner of finance. Subd. 4.
Drainage ditch bonds; reports. (a) Immediately after a project is
approved and accepted and then after each distribution of the tax
collections on the June and November tax settlements, the county
auditor shall certify to the commissioner of finance the following
information relating to bonds issued to finance or refinance public
drainage ditches wholly or partly within the projects, and the
collection of assessments levied on account of the ditches: (1)
the amount of principal and interest to become due on the bonds
before the next tax settlement and distribution; (2) the amount
of money collected from the drainage assessments and credited to the
funds of the ditches; and (3) the amount of the deficit in the
ditch fund of the county chargeable to the ditches. (b) On
approving the certificate, the commissioner of finance shall draw a
warrant, payable out of the fund pertaining to the project, for the
amount of the deficit in favor of the county. (c) As to public
drainage ditches wholly within a project, the amount of money paid to
or for the benefit of the county under paragraph (b) must never
exceed the principal and interest of the bonds issued to finance or
refinance the ditches outstanding at the time of the passage and
approval of sections 84A.20
to 84A.30,
less money on hand in the county ditch fund to the credit of the
ditches. The liabilities must be reduced from time to time by the
amount of all payments of assessments after April 25, 1931, made by
the owners of lands assessed before that date for benefits on account
of the ditches. (d) As to public drainage ditches partly within
and partly outside a project, the amount paid from the fund
pertaining to the project to or for the benefit of the county must
never exceed a certain percentage of bonds issued to finance and
refinance the ditches so outstanding, less money on hand in the
county ditch fund to the credit of the ditches on April 25, 1931.
The percentage must bear the same proportion to the whole amount of
these bonds as the original benefits assessed against lands within
the project bear to the original total benefits assessed to the
entire system of the ditches. This liability shall be reduced from
time to time by the payments of all assessments extended after April
25, 1931, made by the owners of lands within the project of
assessments for benefits assessed before that date on account of a
ditch. (e) The commissioner of finance may provide and prescribe
forms for reports required by sections 84A.20
to 84A.30
and require any additional information from county officials that the
commissioner of finance considers necessary for the proper
administration of sections 84A.20
to 84A.30.

84A.24 Repealed, 1949 c 498 s 8
84A.25 Repealed, 1949 c 498 s 8
84A.26 Project lands to be held by state. The title to parcels of land within a
project, except lands within the boundaries of a city, that are
acquired by the state under Laws 1927, chapter 119, as amended, must
be held by the state free from the trust in favor of the taxing
districts specified in that chapter. Title must be held and used or
disposed of in accordance with sections 84A.20
to 84A.30.

84A.27 Project lands classified. On receiving the reports of the county auditor
specified in section 84A.23,
the commissioner of finance shall certify a copy of the report to the
department. The department shall classify the lands as to their
suitability for agriculture or for afforestation, reforestation, or
for the purpose of impounding, controlling, and regulating the waters
of meandered lakes and the flow of natural streams, or for other
state purposes. After the state acquires title to the lands as
provided in sections 84A.20
to 84A.30,
they may be reclassified. Lands that become the absolute property of
the state under sections 84A.20
to 84A.30
and have been classified as suitable for agriculture, and timber from
any lands so acquired, may be sold by the state.
84A.28 Department to accept gifts. The department may receive for the state and
acknowledge any gift, bequest, devise, or grant of land or interests
in lands in a project, or of money or personal property of any kind,
that it considers suitable for use in connection with the operation,
control, development, or use of projects.
84A.29 Eminent domain. The department has the right of eminent domain in chapter
117. The department may acquire by eminent domain or by purchase,
lands or interests in lands in any project that the department
considers necessary for state ownership, use, or development for the
purposes of sections 84A.20
to 84A.30.
No money shall be used to acquire land or interest in it until the
department and the commissioner of finance determine that the money
will not be required to meet the requisitions of the counties
authorized under section 84A.23
or to pay certificates of indebtedness and their interest provided
for in section 84A.23.

84A.30 Rules violation a misdemeanor. Within the limits of a project, a willful
violation of a rule of the department adopted under sections 84A.20
to 84A.30 is a misdemeanor.
84A.31 State reforestation projects. Subdivision 1. Purposes.
The powers in this section are granted for the purpose of: (1)
vesting and revesting the state with title to lands suitable
primarily for the development of forests and prevention of forest
fires, and for experimenting in and practically advancing
afforestation and reforestation; (2) impounding, controlling, and
regulating the water of meandered lakes and the flow of natural
streams of the state; (3) creating and establishing wild game and
fishing reserves; or (4) any other public state purpose.
Subd. 2. County proposal to state. Under certain conditions,
the board of county commissioners of any county may by resolution
propose that the state take over part of the tax-delinquent lands in
the county. The board may propose this if: (1) the county
contains land suitable for the purposes in subdivision 1; (2) on
January 1, 1933, the taxes on more than 25 percent of the acreage of
the lands in a town in the county are delinquent, as shown by its tax
books; (3) on January 1, 1933, the taxes or ditch assessments on
more than 50 percent of the acreage of the lands to be taken over are
delinquent, as shown by the county's tax books; and (4) on
January 1, 1933, the bonded ditch indebtedness of the county equals
or exceeds 15 percent of the assessed value of the county for 1932 as
fixed by the Minnesota Tax Commission, exclusive of money and
credits. Subd. 3. Form. Specifically, the board may
propose that any "area in the county consisting of one or more
townships, or part of any township, containing such lands be taken
over by the state for afforestation, reforestation, flood control
projects, wild game and fishing reserves, or other public state
purpose, to be managed, controlled, and used for the development of
forests and prevention of forest fires, and for the purpose of
experimenting in and practically advancing afforestation,
reforestation, or for the purpose of impounding, controlling, and
regulating the waters of meandered lakes and the flow of natural
streams, or for the purpose of creating and establishing wild game
and fishing reserves, or for either or any such purposes," or for any
other public state purpose, on lands to be acquired by the state
within such projects, as set forth in this section. Each area must
include lands assessed for all or part of the cost of the
establishment, construction, or repair of public drainage ditches
under state law, and on which the assessments or installments on them
are delinquent. Subd. 4. Action on resolutions. A copy
of the resolutions must be filed with the department and considered
and acted upon by the department. If approved by the department, it
must then be submitted to, considered, and acted upon by the
Executive Council. If approved by the Executive Council, the
proposition must be formally accepted by the governor. Acceptance
must be communicated in writing to and filed with the auditor of the
county. Subd. 5. Definitions. State school, swamp,
indemnity, and institutional lands that are sold as provided by law
and for which certificates of sale have been issued at the time of
the passage of the resolution by the county board, and lands owned by
the conservator of rural credit are taxable lands within the meaning
of this section. If the taxes or ditch lien installments on the
lands or the interest of the purchaser in them are delinquent, they
are lands on which the taxes are delinquent within the meaning of
subdivision 2.
84A.32 Department to manage projects. Subdivision 1. Rules. (a) The
department shall manage and control each project approved and
accepted under section 84A.31.
The department may adopt and enforce rules for the purposes in
section 84A.31,
subdivision 1, for the prevention of forest fires in the projects,
and for the sale of merchantable timber from lands acquired by the
state in the projects when, in the opinion of the department, the
timber may be sold and removed without damage to the purposes of the
projects. Rules must not interfere with, destroy, or damage any
privately owned property without just compensation being made to the
owner of the private property by purchase or in lawful condemnation
proceedings. The rules may relate to the care, preservation,
protection, breeding, propagation, and disposition of any species of
wildlife in the projects and the regulation, issuance, sale, and
revocation of special licenses or special permits for hunting,
fishing, camping, or other uses of these areas consistent with
applicable state law. (b) The department may provide for the
policing of each project as necessary for the proper development,
use, and protection of the project, and of its purpose. The
commissioner of natural resources may employ and designate
individuals according to section 84.0835
to enforce laws governing the use of the projects. (c) Lands
within the project are subject to these rules, whether owned by the
state, or privately, consistent with the constitutional rights of the
private owners or with applicable state law. The department may
exclude from the operation of the rules any lands owned by private
individuals upon which taxes are delinquent for three years or less.
Rules must be published once in the official newspaper of each county
affected and take effect 30 days after publication. They must also
be posted on each of the four corners of each township of each
project affected. (d) In the management, operation, and control
of areas taken for afforestation, reforestation, flood control
projects, and wild game and fishing reserves, nothing shall be done
that will in any manner obstruct or interfere with the operation of
ditches or drainage systems existing within the areas, or damage or
destroy existing roads or highways within these areas or projects,
unless the ditches, drainage systems, roads, or highways are first
taken under the right of eminent domain and compensation made to the
property owners and municipalities affected and damaged. Each area
or project shall contribute from the funds of the project, in
proportion of the state land within the project, for the construction
and maintenance of roads and highways necessary within the areas and
projects to give the settlers and private owners within them access
to their land. The department may construct and maintain roads and
highways within the areas and projects as it considers necessary.Subd. 2. Proceeds paid into state treasury. The
following funds must be paid to the state treasury and credited to
the projects to which they pertain and are annually appropriated for
its purposes: (1) the proceeds of certificates of indebtedness
issued under sections 84A.31
to 84A.42;(2) money received from redemption as provided in sections 84A.33
to 84A.42;(3) money received as gifts to the state for the purpose of
projects; (4) income from the operation, development, management,
and use of projects, including fees received from the sale of birds,
animals, fish, and plants from the projects, and the sale of all
lands and timber on them owned by the state within the area, other
than university, school, swamp, indemnity, or institutional lands,
and state forests set apart under the Minnesota Constitution, article
XI, section 11, and state lands acquired under the system of rural
credit; and (5) state money transferred to the projects under
state law. Under sections 84A.31
to 84A.42,
the total of all certificates of indebtedness issued must not exceed
$750,000.
84A.33 County auditors to certify tax-delinquent lands. Subdivision 1. First
report. As soon as practicable after the approval and acceptance
of a project, the auditor of each county where the project is
situated shall certify to the commissioner of finance a list of lands
within the project, except lands within the boundaries of an
incorporated city, upon which taxes are delinquent for three years or
more, which have been bid in for the state at any delinquent tax
sale, and not redeemed or assigned to any actual purchaser. The
certificates must contain: (1) the legal description of each
parcel of the land; and (2) the name and number of the ditch and
the amount of the principal and interest of each delinquent drainage
assessment as it appears on the county tax books for all years before
the date of the certificate against each parcel of land, together
with interest on the amount at six percent annually since the due
date of the installment. Subd. 2. Further annual
reports. On or before June 15 in each year after the report, the
county auditor shall certify to the commissioner of finance a list of
lands within the boundaries of a project, except lands within the
boundaries of a city, and except lands described in any previous
certificate, and upon which taxes are delinquent for three years or
more and which have been bid in for the state at any delinquent tax
sale and not redeemed or assigned to an actual purchaser. The
certificate must contain: (1) The legal description of each
parcel of the land, contained in an earlier certificate upon which
all taxes have been redeemed. (2) The legal description of each
parcel of the lands which, on May 14 of the year when the certificate
is furnished, is delinquent for three years or more. (3) The
name and number of the ditch and the amount of the principal and
interest of each delinquent ditch assessment installment as it
appears on the county tax books for all years before the date of the
certificate against each parcel of land, together with interest on
the amount at an annual rate of six percent since the due date of
each installment. The certificate must not contain the delinquent
drainage assessment installments included in any certificate
furnished earlier. Subd. 3. Drainage assessments; report
when paid or assigned. When the delinquent drainage assessment
installment on any parcel of land included in a certificate of the
county auditor is redeemed, paid, or assigned to any person, the
county auditor shall report the fact to the commissioner of finance.
The county treasurer shall pay the commissioner of finance the amount
paid in the county treasury on account of the delinquent drainage
assessment installments. Subd. 4. Ditch bonds; funds;
payments to counties. (a) Upon the approval and acceptance of a
project and after each distribution of the tax collections for the
June and November tax settlements, the county auditor shall certify
to the commissioner of finance the following information about bonds
issued to finance or refinance public drainage ditches wholly or
partly within the projects, and the collection of assessments levied
for the ditches: (1) the amount of principal and interest to
become due on the bonds before the next tax settlement and
distribution; (2) the amount of money collected from the drainage
assessments and credited to the funds of the ditches, not already
sent to the commissioner of finance as provided in sections 84A.31
to 84A.42;
and (3) the amount of the deficit in the ditch fund of the county
chargeable to the ditches. (b) On approving this certificate of
the county auditor, the commissioner of finance shall draw a warrant,
payable out of the fund provided for in sections 84A.31
to 84A.42,
and send it to the county treasurer of the county. These funds must
be credited to the proper ditch of the county and placed in the ditch
bond fund of the county, which is created, and used only to pay the
ditch bonded indebtedness of the county assumed by the state under
sections 84A.31
to 84A.42.
The total amount of warrants drawn must not exceed in any one year
the total amount of the deficit provided for under this section.
(c) The state is subrogated to all title, right, interest, or lien of
the county in or on the lands so certified within these projects.(d) As to public drainage ditches wholly within a project, the
amount paid to, or for the benefit of, the county under this
subdivision must never exceed the principal and interest of the bonds
issued to finance or refinance a ditch outstanding on April 22, 1933,
less money on hand in the county ditch fund to the credit of a ditch.
These liabilities must be reduced from time to time by the amount of
any payments of assessments extended after April 22, 1933, made by
the owners of lands assessed before that date for benefits on account
of the ditches. As to public drainage ditches partly within and
partly outside a project the amount paid from the fund pertaining to
the project to or for the benefit of the county must never exceed a
certain percentage of bonds issued to finance and refinance a ditch
so outstanding, less money on hand in the county ditch fund to the
credit of a ditch on April 22, 1932. The percentage must bear the
same proportion to the whole amount of the bonds as the original
benefits assessed against these lands within the project bear to the
original total benefits assessed to the entire system for a ditch.
This liability must be reduced from time to time by the payments of
all assessments extended after April 22, 1933, made by the owners of
lands within the project of assessments for benefits assessed before
that date on account of a ditch. Subd. 5. Forms and
information. The commissioner of finance may provide and
prescribe forms for required reports and require any further
information from county officials which the commissioner of finance
finds necessary for the administration of sections 84A.31
to 84A.42.

84A.34 Repealed, 1949 c 498 s 8
84A.35 Repealed, 1949 c 498 s 8
84A.36 Lands to be held by state. The title to parcels of land within a
project, except lands within the boundaries of a city, that are
acquired by the state under Laws 1927, chapter 119, as amended, must
be held by the state free from any trust in favor of the taxing
districts specified in that chapter. Title must be held and used or
disposed of in accordance with state law.
84A.37 Commissioner of finance to certify list to department. On receiving
the reports of the county auditor specified in section 84A.33,
the commissioner of finance shall certify a copy of the report to the
department. The department shall classify the lands as to their
suitability for agriculture or for afforestation, reforestation, or
for the purpose of impounding, controlling, and regulating the waters
of meandered lakes and flow of natural streams, or for other state
purposes. After the state acquires title to the land as provided in
sections 84A.31
to 84A.42,
the lands may be reclassified. Lands that become the absolute
property of the state under sections 84A.31
to 84A.42
and have been classified as suitable for agriculture, and timber from
any lands so acquired, may be sold or rented by the state.
84A.38 Department to accept gifts. The department may receive for the state and
acknowledge any gift, bequest, devise, or grant of land, or interests
in lands, in a project, or of money or personal property of any kind,
that it finds suitable for use in connection with the operation,
control, development, or use of projects.
84A.39 Eminent domain. The department has the right of eminent domain in chapter
117. The department may acquire by eminent domain or by purchase any
privately owned lands or interests in lands within a project that it
considers necessary for state ownership, use, or development for the
purposes of sections 84A.31
to 84A.42.
No money shall be used to acquire land or interest in it until the
department and the commissioner of finance determine that the money
will not be required to meet the requisitions of the counties
authorized under section 84A.33
or to pay certificates of indebtedness and their interest.
84A.40 County may assume bonds. Any county where a project or portion of it is
located may voluntarily assume, in the manner specified in this
section, the obligation to pay a portion of the principal and
interest of the bonds issued before the approval and acceptance of
the project and remaining unpaid at maturity, of any school district
or town in the county and wholly or partly within the project. The
portion must bear the same proportion to the whole of the unpaid
principal and interest as the last net tax capacity, before the
acceptance of the project, of lands then acquired by the state under
sections 84A.31
to 84A.42
in the school districts or towns bears to the total net tax capacity
for the same year of the school district or town. This assumption
must be evidenced by a resolution of the county board of the county.
A copy of the resolution must be certified to the commissioner of
finance within one year after the acceptance of the project.
Later, if any of the bonds remains unpaid at maturity, the county
board shall, upon demand of the governing body of the school district
or town or of a bondholder, provide for the payment of the portion
assumed. The county shall levy general taxes on all the taxable
property of the county for that purpose, or issue its bonds to raise
the sum needed, conforming to law respecting the issuance of county
refunding bonds. The proceeds of taxes or bonds must be paid by the
county treasurer to the treasurer of the school district or town. No
payments shall be made by the county to the school district or town
until the money in the treasury of the school district or town,
together with the money to be paid by the county, is sufficient to
pay in full each of the bonds as it becomes due. If a county
fails to adopt and certify the resolution, the commissioner of
finance shall withhold from the payments to be made to the county
under section 84A.32
a sum equal to that portion of the principal and interest of the
outstanding bonds that bears the same proportion to the whole of the
bonds as the above determined net tax capacity of lands acquired by
the state within the project bears to the total net tax capacity for
the same year of the school district or town. Money withheld from
the county must be set aside in the state treasury and not paid to
the county until the full principal and interest of the school
district and town bonds have been paid. If any bonds remain
unpaid at maturity, upon the demand of the governing body of the
school district or town, or a bondholder, the commissioner of finance
shall issue to the treasurer of the school district or town a warrant
for that portion of the past due principal and interest computed as
in the case of the county's liability authorized in this section to
be voluntarily assumed. Money received by a school district or town
under this section must be applied to the payment of past-due bonds
and interest.
84A.41 Definitions. Subdivision 1. Taxes. "Taxes," as used in sections
84A.31
to 84A.42
includes taxes of every kind and special assessments of every kind.Subd. 2. Bonds and bonded indebtedness. "Bonds" and
"bonded indebtedness," as used in sections 84A.31
to 84A.42,
include bonds and accumulated interest on bonds of every nature
issued to finance or refinance the construction, maintenance, or
repair of public drainage ditches.
84A.42 Rules violation a misdemeanor. A person who within the limits of any project
established in accordance with section 84A.31
willfully violates a rule of the Department of Natural Resources
adopted under sections 84A.31
to 84A.42 is guilty of a misdemeanor.
84A.50 Certain certificates accepted and validated. Certificates relating
to bonds issued to finance or refinance public drainage ditches, the
principal and interest of the bonds, the amount of money collected
from drainage assessments and credited to ditches, and the amount of
the deficit in the ditch fund made by a county auditor under section
84A.04,
84A.23,
or 84A.33
to the commissioner of finance on which payment has been made by the
state are accepted as correct and are validated.
84A.51 Consolidated conservation areas account. Subdivision 1. Account
created. There is created in the state treasury the consolidated
conservation areas account, also called the consolidated account.Subd. 2. Funds transferred; appropriated. Money in any
fund established under section 84A.03,
84A.22,
or 84A.32,
subdivision 2, is transferred to the consolidated account, except as
provided in subdivision 3. The money in the consolidated account, or
as much of it as necessary, is appropriated for the purposes of
sections 84A.52
and 84A.53.
Of any remaining balance, the amount derived from timber sales
receipts is transferred to the forest management investment account
and the amount derived from all other receipts is transferred to the
general fund. Subd. 3. Payments to county. Within 30
days after the end of each fiscal year the commissioner of finance
shall pay one-half of the income received in the consolidated account
in that fiscal year to the county containing the land from which the
income is derived. That amount is so appropriated. Subd. 4.County's use of funds. The funds received by each county must
be apportioned by the county auditor as follows: (1) 30 percent
to a county development fund, which is created, to be spent under the
direction of the county board for the rehabilitation and development
of the portion of the county within the conservation area; (2) 40
percent to the general fund of the school district from which
derived; (3) 20 percent to the county revenue fund; and (4)
ten percent to the township road and bridge fund of the township from
which derived. If the proceeds are derived from an unorganized
township with no levy for road and bridge purposes, the township
portion must be credited to the county revenue fund. Subd. 5.
Unnecessary
84A.52 Accounts; examination, appropriation, payment. As a part of the
examination provided for by section 6.48,
of the accounts of the several counties within a game preserve, area,
or project established under section 84A.01,
84A.20,
or 84A.31,
the state auditor shall segregate the audit of the accounts
reflecting the receipt and disbursement of money collected or
disbursed under this chapter or from the sale of tax-forfeited lands
held by the state under section 84A.07,
84A.26,
or 84A.36.
The auditor shall also include in the reports required by section 6.48
summary statements as of December 31 before the examination that set
forth the proportionate amount of principal and interest due from the
state to the individual county and any money due the state from the
county remaining unpaid under this chapter, or from the sale of any
tax-forfeited lands referred to in this section, and other
information required by the commissioner of finance. On receiving a
report, the commissioner of finance shall determine the net amount
due to the county for the period covered by the report and shall draw
a warrant upon the state treasury payable out of the consolidated
fund for that amount. It must be paid to and received by the county
as payment in full of all amounts due for the period stated on the
warrants from the state under any provision of this chapter.
Money to pay the warrants is appropriated to the counties entitled to
payment from the consolidated fund in the state treasury.
84A.53 Receipts not credited to consolidated account. Subdivision 1. Tax
levies. Money collected from tax levies made before April 19,
1949, under this chapter, must be deposited in the state treasury to
the credit of the general fund. Upon completion of the payment
provided for in section 84A.52,
the commissioner of finance shall make the appropriate entries.
Money referred to in this section must not be used for the payments
under section 84A.52
until all other money in the consolidated account has been spent.Subd. 2. Land sales. The portion of the money received
from the sale of tax-forfeited lands that are held by the state under
section 84A.07,
84A.26,
or 84A.36,
that would not be paid to the counties if all the sale proceeds were
deposited in the consolidated account, must be deposited in the land
acquisition account. The remaining amount must be paid to the
counties under section 84A.51
as if all the sale proceeds were deposited in the consolidated
account.
84A.54 Collections deposited in consolidated account. Except as provided in
section 84A.53,
money received after April 18, 1949, under this chapter must be
deposited in the consolidated account.
84A.55 Commissioner's control of conservation lands. Subdivision 1. General
control. Game preserves, areas, and projects established under
section 84A.01,
84A.20,
or 84A.31,
are under the management, operation, and control of the commissioner
of natural resources. The commissioner has the powers and duties
provided in this section. Subd. 2. Forest protection.
The commissioner shall care for, preserve, protect, and develop the
forests in preserves, areas, and projects; shall prevent forest fires
in them so far as means are available; and may experiment in and
practically advance afforestation and reforestation there. Subd.
3. Timber sales. The commissioner may sell merchantable
timber on lands held by the state under section 84A.07,
84A.26,
or 84A.36.
It must be sold in the same way as timber on other state lands.
Subd. 4. Waters. The commissioner may impound, control, and
regulate the waters of meandered and other public lakes in preserves,
areas, and projects and the flow of natural streams. Subd. 5.Wildlife. The commissioner shall care for, protect, and
preserve any species of wildlife there, so far as means are
available. Subd. 6. Regulation; licensing. The
commissioner may regulate and license, subject to revocation for
violation of any state law relating to wild animals or of this
section, the breeding, propagation, and disposition of wildlife in
preserves, areas, or projects by any person as necessary to execute
subdivision 5. Subd. 7. Hunting and other licenses. The
commissioner may issue, subject to revocation for violation of state
law relating to wild animals or of sections 84A.50
to 84A.55, special licenses or permits for hunting, fishing, camping,
or other uses consistent with those sections or any other applicable
state law. Subd. 7a. Snowmobiles on certain lands.
Unless specifically prohibited by a rule of the commissioner,
snowmobiles may be operated on lands subject to this section that
have been identified by the commissioner as wildlife management
areas. Subd. 8. Policing. The commissioner may police
the game preserves, areas, and projects as necessary to carry out
this section. The commissioner may employ and designate individuals
according to section 84.0835
to enforce laws governing the use of the game preserves, areas, and
projects. Subd. 9. Drainage. The commissioner may make
necessary investigations and surveys for and may undertake projects
for the drainage of state-owned lands within a game preserve,
conservation area, or other area subject to this section so far as
the commissioner determines that the lands will benefit from the
project for the purposes for which the area was established. The
commissioner may pay the cost of drainage projects out of funds
appropriated and available for them. If the commissioner finds after
investigation that a project for the construction, repair, or
improvement of a public ditch or ditch system undertaken by a county
or other public agency as otherwise provided by law will benefit the
lands for those purposes, the commissioner may cooperate in the
project by joining in the petition for the project or consenting to
or approving it on any conditions the commissioner determines. The
commissioner shall authorize the imposition of assessments for the
projects on the lands in any amounts the commissioner determines, or
may make lump sum contributions to the county or other public funds
established for the payment of the cost of the project. The
assessments or contributions must not exceed the value of benefits to
the state-owned lands as determined by the commissioner and specified
by written certificates or other statement filed in the proceedings.
Assessments or contributions are payable only out of funds
appropriated and available for them in amounts the commissioner
determines. The commissioner of natural resources shall establish by
rule before January 1, 1986, the criteria for determining benefits to
state-owned lands held or used to protect or propagate wildlife,
provide hunting or fishing for the public, or serve other purposes
relating to conservation, development, or use of soil, water,
forests, wild animals, or related natural resources. Subd. 10.Roads; landing strips. The commissioner may construct and
maintain and contribute funds for construction and maintenance of
roads and airplane landing fields or strips within a game preserve,
conservation area, or other area subject to this section. Payments
for highway purposes under this subdivision may be made to any
governmental subdivision or to the United States in amounts set by
the commissioner from the account created by section 84A.51.Subd. 11. Rules. The commissioner may promulgate rules
necessary for the execution of this section, including the conditions
of licenses and permits under subdivision 7 and the amount of license
fees. In addition to notice required by other law, the commissioner
must give 30 days' notice posted in each township affected by the
rules. The rules have the force of law, and any violation of rules
is a misdemeanor. Lands within a game preserve, area, or project
referred to in subdivision 1, whether owned privately or by the state
or any governmental subdivision, are subject to the rules consistent
with the constitutional rights of private owners or other applicable
state law. Subd. 12. Compensation. Nothing shall be
done under this section that will interfere with the operation of
ditches or drainage systems existing in any game preserve, area, or
project referred to in subdivision 1, or damage or destroy any
existing road or highway in it, so far as constructed, improved, or
maintained by any governmental subdivision or public agency or person
other than the commissioner, unless the right to them is first
acquired by the commissioner by purchase or condemnation, upon
payment of just compensation to the political subdivision, public
agency, or person affected and damaged. Subd. 13. Buying
land. The commissioner may acquire by purchase or condemnation
any land or interest in land or any public work or project or right
in it necessary for any purpose authorized in this section.
Subd. 14. Source of funds. Salaries and expenses incurred to
carry out this section must be paid from money appropriated from the
consolidated account or other fund or account designated in the
applicable appropriation.
84A.56 Consolidated conservation land acquisition and disposition.
Subdivision 1. Consolidated conservation land acquisition and
disposition plan. Before the commissioner may acquire or dispose
of land in the game preserves, areas, and projects established under
section 84A.01,
84A.20,
or 84A.31,
in any county, the commissioner must prepare a county land
acquisition and disposition plan. The plan must identify the general
areas where the commissioner intends to acquire or dispose of land
and their accompanying reasons. The plan must emphasize a balance of
uplands and wetlands. Subd. 2. Review by county board.
The plan must be submitted to the county board for review and
comment. The board must notify the commissioner of natural resources
of any concerns or disagreements with the plan within 90 days after
receiving the plan or proposal. Subd. 3. Department review
of appraisals. The county board must submit appraisals for land
offered for sale under this section to the commissioner for review at
least 30 days before the date of the sale.
84A.57 Certain tax-forfeited land held in trust for county.
Notwithstanding any law to the contrary, land that forfeits to the
state for nonpayment of taxes and is in a game preserve, area, or
project established under section 84A.01,
84A.20,
or 84A.31
must be held in trust for the taxing district as land outside a game
preserve, area, or project. The lands must be disposed of and
managed, and have income from the land allocated, in the same manner
as land that is outside a game preserve, area, or project.

USA Statutes : minnesota