USA Minnesota

USA Statutes : minnesota
Title : LANDS AND MINERALS
Chapter : Lands, state forests
94.01 Repealed, 1949 c 454 s 1
94.02 Repealed, 1949 c 454 s 1
94.03 Repealed, 1949 c 454 s 1
94.04 Repealed, 1949 c 454 s 1
94.05 Renumbered 92.12, subd 3
94.06 Inoperative
94.07 Inoperative
94.08 Inoperative
94.09 Sale and disposition of surplus state-owned land. Subdivision 1.
Applicability. All tracts or lots of real property belonging to
the state and under the control and supervision of the commissioner
of natural resources shall be disposed of according to sections 94.09
to 94.16,
unless otherwise provided by law. Subd. 2. Repealed, 2004 c 262
art 1 s 41 Subd. 3. Notice to agencies; determination of
surplus. The commissioner of natural resources 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 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, and state the reasons for the sale or disposition of the
lands. Subd. 4. Repealed, 2004 c 262 art 1 s 41 Subd. 5.
Repealed, 2004 c 262 art 1 s 41 Subd. 6. Repealed, 2004 c 262 art
1 s 41
94.10 Surveys, appraisals, and sale. Subdivision 1. Appraisal; notice
and offer to public bodies. (a) Before offering any surplus
state-owned lands for sale, the commissioner of natural resources
must establish the value of the lands. The commissioner shall have
the lands appraised if the estimated value is in excess of $50,000.
No parcel of state-owned land shall be sold for less than $1,000.(b) The appraisals must be made by regularly appointed and
qualified state appraisers. To be qualified, an appraiser must hold
a state appraiser license issued by the Department of Commerce. The
appraisal must be in conformity with the Uniform Standards of
Professional Appraisal Practice of the Appraisal Foundation. (c)
Before offering surplus state-owned lands for public sale, the lands
shall first be offered to the city, county, town, school district, or
other public body corporate or politic in which the lands are
situated for public purposes and the lands may be sold for public
purposes for not less than the appraised value of the lands. To
determine whether a public body desires to purchase the surplus land,
the commissioner of natural resources shall give a written notice to
the governing body of each political subdivision whose jurisdictional
boundaries include or are adjacent to the surplus land. If a public
body desires to purchase the surplus land, it shall submit a written
offer to the commissioner no later than two weeks after receipt of
notice setting forth in detail its reasons for desiring to acquire
and its intended use of the land. In the event that more than one
public body tenders an offer, the commissioner shall determine which
party shall receive the property and shall submit written findings
regarding the decision. If lands are offered for sale for public
purposes and if a public body notifies the commissioner of its desire
to acquire the lands, the public body may have up to two years from
the date of the accepted offer to commence payment for the lands in
the manner provided by law. Subd. 2. Public sale
requirements. (a) After complying with subdivision 1 and before
any public sale of surplus state-owned land is made and at least 30
days before the sale, the commissioner of natural resources shall
publish a notice of the sale in a newspaper of general distribution
in the county in which the real property to be sold is situated. The
notice shall specify the time and place at which the sale will
commence, a general description of the lots or tracts to be offered,
and a general statement of the terms of sale. The commissioner shall
also provide electronic notice of sale. (b) The minimum bid for
a parcel of land must include the estimated value or appraised value
of the land and any improvements and, if any of the land is valuable
for merchantable timber, the value of the merchantable timber. The
minimum bid may include expenses incurred by the commissioner in
rendering the property salable, including survey, appraisal, legal,
advertising, and other expenses. (c) Parcels remaining unsold
after the offering may be sold to anyone agreeing to pay the
appraised value. The sale shall continue until all parcels are sold
or until the commissioner orders a reappraisal or withdraws the
remaining parcels from sale.
94.11 Terms of payment. Terms of payment for lands sold by the commissioner
of natural resources before July 1, 2004, are the same as those
provided for state public lands by section 92.06,
subdivision 1. For lands sold by the commissioner of natural
resources on or after July 1, 2004, the terms of payment are the same
as those provided for state public lands by section 92.06,
subdivision 1a.
94.12 Contract for deed and quitclaim deed. Subdivision 1. Lands sold
before July 1, 2004. In the event the terms and conditions of a
contract for deed for lands sold before July 1, 2004, are completely
fulfilled or if a purchaser makes a lump sum payment for the subject
property in lieu of entering into a contract for deed, the
commissioner shall sign and cause to be issued a quitclaim deed on
behalf of the state. Said quitclaim deed shall be in a form
prescribed by the attorney general and shall vest in purchaser all of
the state's interest in the subject property except as provided in
section 94.14.Subd. 2. Lands sold after July 1, 2004. On or after July
1, 2004, when total payment is made within 90 days of the sale, the
commissioner of natural resources shall sign and cause to be issued a
quitclaim deed on behalf of the state. The quitclaim deed shall be
in a form prescribed by the attorney general and shall vest in the
purchaser all of the state's interest in the subject property, except
as provided in section 94.14.

94.13 Record of contracts for deed and assignments; effect. (a) A
contract for deed issued before July 1, 2004, pursuant to sections 94.09
to 94.16,
or any assignment thereof, executed and acknowledged as provided by
law for the execution and acknowledgment of deeds may be recorded in
the office of the county recorder of any county in the state in the
same manner and with like effect as deeds are therein recorded. This
contract for deed shall entitle the purchaser thereof, or the heirs
and assigns of the purchaser, to the exclusive possession of the land
therein described, provided its terms have been in all respects
complied with, and the contract for deed and the record thereof shall
be conclusive evidence of title in the purchaser, or the heirs and
assigns of the purchaser, for all purposes and against all persons,
except the state of Minnesota in case of forfeiture. (b) When a
contract for deed or partial interest in a contract for deed is
assigned, the assignment must be made on a form provided by the
commissioner, executed by the assignor and assignee, and consented to
by the commissioner. An assignment of a partial interest must state
that payment to date has been made to the commissioner. (c) When
the assignee satisfies the terms of the assignment and corresponding
terms of the contract for deed, the commissioner shall issue a deed
to the assignee.
94.14 Reservation of minerals. The state hereby reserves for its own use all the
iron, coal, copper, and other valuable minerals in or upon all lands
which may be sold under the provisions of sections 94.09
to 94.16
and any contract for deed or quitclaim deed shall contain a clause
reserving all such minerals for the use of the state.
94.15 Repealed, 1974 c 260 s 9
94.16 Disposition of proceeds from surplus state-owned land. Subdivision
1. Payment of expenses. Money received from the sale of
surplus state-owned land shall be credited to the general fund except
as provided in this section. Subd. 2. Payment of
expenses. A portion of the proceeds from the sale equal in amount
to the survey, appraisal, legal, advertising, and other expenses
incurred by the commissioner of natural resources in rendering the
property salable shall be remitted to the account from which the
expenses were paid, and are appropriated and immediately available
for expenditure in the same manner as other money in the account.Subd. 3. Proceeds from natural resources land. The
remainder of the proceeds from the sale of lands that were under the
control and supervision of the commissioner of natural resources
shall be credited to the land acquisition account in the natural
resources fund.
94.165 Land acquisition account. There is created in the state treasury
a land acquisition account. Money in the account is appropriated to
the commissioner of natural resources for the acquisition of natural
resource lands or interests in lands within the outdoor recreation
system established in chapter 86A. The commissioner must file a
report to the house ways and means and the senate finance committees
and the environment and natural resources committees of the senate
and house of representatives by October 1 of each year indicating all
purchases and sales from this account.
94.17 Gifts to state for Capitol or institution; acceptance. When any
real property or rights or estates therein may be or may have been
granted or conveyed or assigned or turned over as a gift by any
person or municipality to the state of Minnesota to be owned, held,
occupied, or used by the state in connection with the Capitol, or any
state institution, or the grounds of the same or any of them, the
governor shall issue in duplicate under the great seal of the state a
certificate of acceptance and cause all the conditions of the gift to
be performed and the property so given to be improved, maintained,
and ornamented in the method and so far as the legislature may
appropriate money therefor.
94.18 Lands obtained by condemnation. When any corporation, municipal or
otherwise, shall convey, assign, or turn over to the state any rights
it may have obtained by condemnation, the use of the land in which
these rights were obtained by the state in any of the ways or for any
of the purposes mentioned in section 94.17
shall not be deemed an abandonment of nor work a forfeiture of the
rights obtained by condemnation, but shall be considered a use
incidental to and within the purposes of the condemnation.
94.19 Certificate of acceptance; record. (a) The certificate of acceptance shall
be executed in duplicate and one filed in the Office of the Secretary
of State and the other recorded in the office of the county recorder
of the county in which the land is situated; and, after being
recorded, kept with the records of the institution in connection with
which the land is used. (b) After the certificates of acceptance
are filed and recorded under paragraph (a), the conveyance and
transfer of the rights, interests, and estates involved shall be
deemed complete.
94.31 Counties may assume bonds of towns or school districts in reforestation area. Any county wherein a state reforestation or flood
control project or other public state purposes, as created by
sections 84A.20
to 84A.30,
is located may voluntarily assume the obligation to pay the same
ratio or proportion of the principal and interest of bonds now
outstanding issued before the approval and acceptance of the project
by any school district or town situated in the county lying wholly or
partly within the project as the last assessed valuation prior to the
acceptance of the project of lands acquired by the state pursuant to
sections 84A.20
to 84A.30
on July 1, 1936, bears to the total assessed valuation for the same
year of the school district or town, this assumption to be evidenced
by the adoption of a resolution by the county board of the county
authorizing the issuance of bonds for such purpose or otherwise
providing for the payment of the principal and interest of the school
or town bonds assumed.
94.32 Issuance of county bonds; adjustment of debt. The county board of any
such county may by resolution provide for the issuance of bonds for
the purpose of assuming the principal and interest of the school
district or town bonds, whether matured or not matured, in the manner
provided by Laws 1935, chapter 119, and the county board is
authorized to effect agreements for the adjustment of the debt so
assumed and the exchange of such county bonds for the bonds so
assumed. Prior to July 1, 1936, such bonds may be issued in an
amount not in excess of 50 percent of the estimated amount of the
principal and interest of the school district or town bonds which are
to be assumed by the county, the balance of such bonds to be issued
after July 1, 1936.
94.33 Failure to assume and pay; withholding funds. In the event any such
county shall fail or neglect to assume that portion of the school
district or town bonds as provided in sections 94.31
and 94.32
and any such bonds remain unpaid at maturity, upon demand of the
governing body of the school district or town or the holder of any
such bonds, the commissioner of finance shall withhold from the
payments to be made to the county under the provisions of section 84A.23
the sum necessary to pay such portion and pay the same to the
treasurer of the school district or town. All money received by any
school district or town pursuant to sections 94.31
and 94.32
shall be applied solely to the payment of past due bonds and
interest.
94.34 Renumbered 92.461, subdivision 1
94.341 Minnesota land exchange board. The board created by the Constitution of the
state of Minnesota, article XI, section 10, consisting of the
governor, the attorney general, and the state auditor, shall be known
as the Minnesota Land Exchange Board. The term "board" as used in
sections 94.341 to 94.347
refers to such board. The governor shall be chair of the board. The
state auditor shall be secretary of the board and keep a record of
its proceedings. Approvals of land exchanges and other official acts
of the board may be evidenced by the certificate of the state auditor
as secretary, under official seal of the auditor. When a land
exchange has been approved by the board it shall be presumed that all
other pertinent requirements of the law have been complied with, and
no exchange shall be invalidated by reason of any defect or omission
in respect of any such other requirement.
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.
94.343 Class A land exchanged; conditions. Subdivision 1. General exchange
provisions. (a) Any Class A land may, with the unanimous approval
of the board, be exchanged for any publicly held or privately owned
land in the manner and subject to the conditions herein prescribed.
Class A land may be exchanged only if it meets the requirements of
subdivision 3 or 5. (b) The commissioner, with the approval of
the board, shall formulate general programs of exchange of Class A
land designed to serve the best interests of the state in the
acquisition, development, and use of lands for purposes within the
province of the Department of Natural Resources. Subd. 2.
Lands devoted to specific public use. Except as herein expressly
prohibited, Class A land may be exchanged, though devoted to a
specific public use, if the use is discretionary and the authority in
charge thereof shall approve the exchange, or if the commissioner,
with the approval of the board, shall determine that the exchange
will not materially curtail the activity or project for which the
land is used; provided, that exchanges of land belonging to any state
forest, game preserve, conservation area, or other territory
designated by law for particular purposes shall be made so as to
consolidate or fill out the state's holdings of land therein, and not
materially to reduce the same. Subd. 2a. Valuation of
land. The commissioner shall cause the state land and the land
proposed to be exchanged therefor to be examined and value determined
as provided in section 84.0272;
provided, that in exchanges with the United States or any agency
thereof the examination and value determination may be made in the
manner as the Land Exchange Board may direct. The determined values
shall not be conclusive, but shall be taken into consideration by the
commissioner and the board, together with such other matters as they
deem material, in determining the values for the purposes of
exchange. Subd. 3. Exchanging land of substantially equal
value or lower value. (a) Except as otherwise provided, Class A
land shall be exchanged only for land of at least substantially equal
value to the state, as determined by the commissioner, with the
approval of the board. (b) For the purposes of this subdivision,
"substantially equal value" means: (1) where the lands being
exchanged are both over 100 acres, their values do not differ by more
than ten percent; and (2) in other cases, the values of the
exchanged lands do not differ by more than 20 percent. (c) Other
than school trust land, Class A land may be exchanged for land of
lesser value if the other party to the exchange pays to the state the
amount of the difference in value. Money received by the
commissioner in such cases shall be credited to the same fund as in
the case of sale of the land, if such a fund exists, otherwise to the
special fund, if any, from which the cost of the land was paid,
otherwise to the general fund. Subd. 4. Reservations.
There shall be reserved to the state in all Class A land conveyed in
exchange all mineral and water power rights and such other rights and
easements as the commissioner, with the approval of the board, shall
direct. All Class A land which at the time of exchange is subject to
the provisions of section 103G.545
shall remain subject thereto as a condition of the exchange, and all
land received by the state in exchange for Class A land within the
area to which those provisions apply shall become subject thereto.
Land may be received in exchange subject to any mineral reservations
or other reservations thereon. All such reservations and conditions
shall be taken into consideration in determining the value of the
lands exchanged. Subd. 5. Obtaining land of greater
value. Class A land may be exchanged for land of greater value if
the other party to the exchange shall waive payment for the
difference or if there is an appropriation available for the
acquisition of such land from which the difference may be paid.
Subd. 6. Repealed, 1Sp2005 c 1 art 2 s 162 Subd. 7. Public
hearing. Before giving final approval to any exchange of Class A
land, the commissioner shall hold a public hearing thereon at the
capital city or at some place which it may designate in the general
area where the lands involved are situated. The commissioner shall
furnish to the auditor of each county affected a notice of the
hearing signed by the commissioner, together with a list of all the
lands proposed to be exchanged and situated in the county, and the
county auditor shall post the same in the auditor's office at least
two weeks before the hearing. The commissioner shall cause a copy of
the notice, referring to the list of lands posted, to be published at
least two weeks before the hearing in a legal newspaper published in
the county. The cost of publication of the notice shall be paid by
the commissioner. Subd. 8. Proposals for exchange. The
commissioner, with the approval of the board, may submit a proposal
for exchange of Class A land to any land owner concerned. Any land
owner may submit to the commissioner and the board a proposal for
exchange in such form as the commissioner may prescribe. Subd.
8a. Fees. (a) When a private landowner or governmental unit,
except the state, presents to the commissioner an offer to exchange
privately or publicly held land for Class A land, the private
landowner or governmental unit shall pay to the commissioner a
determination of value fee and survey fee of not less than one-half
of the cost of the determination of value and survey fees as
determined by the commissioner. (b) Except as provided in
paragraph (c), any payment made under paragraph (a) shall be credited
to the account from which the expenses are paid and is appropriated
for expenditure in the same manner as other money in the account.(c) The fees shall be refunded if the land exchange offer is
withdrawn by a private landowner or governmental unit before the
money is obligated to be spent. Subd. 9. Approval by
attorney general. No exchange of Class A land shall be
consummated unless the attorney general shall have given an opinion
in writing that the title to the land proposed to be conveyed to the
state is good and marketable, free from all liens and encumbrances
except reservations herein authorized. If required by the attorney
general, the land owner shall submit an abstract of title and make
and file with the commissioner an affidavit as to possession of the
land, improvements, liens, and encumbrances thereon, and other
matters affecting the title. Subd. 10. Conveyance.
Conveyance of Class A land given in exchange shall be made by deed
executed by the commissioner in the name of the state. All such
deeds received by the state shall be recorded or registered in the
county in which the lands lie. Subd. 11. Trust; status.
Land received in exchange for Class A land shall be subject to the
same trust, if any, and shall otherwise have the same status as the
state land given in exchange. The commissioner, with the approval of
the board, shall determine accordingly the status of each tract of
such land received in exchange, and shall make and file a certificate
thereof in the office having custody of the state public land records
in the Department of Natural Resources. Subd. 12.
Tax-forfeited land subject to sale. When an exchange of Class A
tax-forfeited land, which is subject to sale by county authorities is
under consideration, the commissioner may notify the county auditor
to withdraw the land from sale. Thereupon the land shall be
withdrawn from sale until the proposed exchange is consummated or
rejected, of which the commissioner shall notify the county auditor.

94.344 Class B land exchanged; conditions. Subdivision 1. General exchange
provisions. Class B land, by resolution of the county board of
the county where the land is located and with the unanimous approval
of the Land Exchange Board, may be exchanged for any publicly held or
privately owned land in the same county. Class B land may be
exchanged only if it meets the requirements of subdivision 3 or 5.Subd. 2. Exchange restrictions. No Class B land which is
not classified for sale, and no Class B land, however classified,
lying within any zone or district which is restricted against any use
for which the land may be suitable shall be given in exchange for any
privately owned land. Subd. 2a. Valuation of lands. For
an exchange involving Class B land for Class A land, the value of the
lands shall be determined by the commissioner, with approval of the
Land Exchange Board. For purposes of the determination, the
commissioner shall determine the value of the state and tax-forfeited
land proposed to be exchanged in the same manner as Class A land.
For all other purposes, the county board shall appraise the state
land and the land in the proposed exchange in the same manner as
tax-forfeited land to be offered for sale. The determined values
shall not be conclusive, but shall be taken into consideration,
together with such other matters as may be deemed material, in
determining the values for the purposes of exchange. Subd. 3.Exchanging land of substantially equal value or lower value.
(a) Except as otherwise provided, Class B land may be exchanged only
for land of substantially equal value to the state, as determined by
the county board, with the approval of the commissioner and the Land
Exchange Board. (b) For the purposes of this subdivision,
"substantially equal value" means: (1) where the lands being
exchanged are both over 100 acres, their values do not differ by more
than ten percent; and (2) in other cases, the values of the
exchanged lands do not differ by more than 20 percent. (c) Class
B land may be exchanged for land of lesser value if the other party
to the exchange pays to the state the amount of the difference in
value. Money received by the county treasurer shall be disposed of
in like manner as the proceeds of a sale of tax-forfeited land.
Subd. 4. Reservations. There shall be reserved to the state
in all Class B land conveyed in exchange the same rights and
easements as may be required by law in case of sale of tax-forfeited
land and such other rights and easements as the county board, with
the approval of the commissioner and the board, shall direct. Land
may be received in exchange subject to any mineral reservations or
other reservations thereon. All such reservations and conditions
shall be taken into consideration in determining the value of the
lands exchanged. Subd. 5. Exchanging land of greater
value. (a) Class B land may be exchanged for land of greater
value if the other party to the exchange waives payment for the
difference. (b) Except for Class A school trust land, Class B
land may be exchanged for Class A land of greater value if the county
pays to the state the difference in value. (c) Class B land may
be exchanged for United States-owned land of greater value if the
county agrees to pay the difference in value. Subd. 6. Repealed,
1Sp2005 c 1 art 2 s 162 Subd. 7. Public hearing. (a)
Except for land described in paragraph (b), before giving final
approval to any exchange of Class B land, the county board shall hold
a public hearing thereon. At least two weeks before the hearing the
county auditor shall post in the auditor's office a notice thereof,
containing a description of the lands affected. (b) In an
exchange of Class B land for Class A or Class C land, the
commissioner is responsible for holding the public hearing.
Subd. 8. Proposals for exchange. By direction of the county
board, the county auditor may submit a proposal for exchange of Class
B land to any land owner concerned. Any land owner may file with the
county auditor a proposal for exchange for consideration by the
county board. Subd. 9. Approval of county attorney. No
exchange of Class B land shall be consummated unless the title to the
land proposed to be exchanged therefor shall first be approved by the
county attorney in like manner as provided for approval by the
attorney general in case of Class A land. The county attorney's
opinion on the title shall be subject to approval by the attorney
general. Subd. 10. Approval; conveyance. After approval
by the county board, every proposal for the exchange of Class B land
shall be transmitted to the commissioner in such form and with such
information as the commissioner may prescribe for consideration by
the commissioner and by the board. The county attorney's opinion on
the title, with the abstract and other evidence of title, if any,
shall accompany the proposal. If the proposal is approved by the
commissioner and the board and the title is approved by the attorney
general, the same shall be certified to the commissioner of revenue,
who shall execute a deed in the name of the state conveying the land
given in exchange and transmit the deed to the county auditor to be
delivered upon receipt of a deed conveying to the state the land
received in exchange, approved by the county attorney; provided, that
if any amount is due the state under the terms of the exchange, the
deed from the state shall not be executed or delivered until such
amount is paid in full and a certificate thereof by the county
auditor is filed with the commissioner of revenue. The county
auditor shall cause all deeds received by the state in such exchanges
to be recorded or registered. If the land received by the county in
the exchange is Class A land, the commissioner of revenue shall
deliver the deed for the Class B land to the commissioner of natural
resources and following the recording of this deed, the commissioner
of natural resources shall deliver to the county auditor a deed
conveying the Class A land to the county auditor to be recorded or
registered. Subd. 11. Payment; trust. Forthwith after
the consummation of any land exchange the county board shall
determine the amount to be paid, if any, to the governmental
subdivision wherein the Class B lands were located as full
compensation for the trusts said governmental subdivision held in
such land, and the amount so determined shall be transferred by the
county auditor from the tax-forfeited funds accruing to the
governmental subdivision wherein the privately owned lands were
situated to the governmental subdivision wherein the Class B lands
lay. The lands received shall thereupon become subject to trust in
favor of the governmental subdivision wherein they lie and to all
laws relating to tax-forfeited lands. The county board may also
make a determination of payment to be made as to land exchanges
heretofore made and direct the county auditor to make such transfer;
and when such transfer has been made, such lands shall become subject
to trust in favor of the governmental subdivision in which they lie.The maximum which may be fixed as payment for the equity held by
any governmental subdivision shall in no case exceed the amount said
governmental subdivision would have received if the lands had been
sold for the appraised value as determined for the purpose of the
exchange.
94.345 Forms prescribed by attorney general. The attorney general shall
prescribe or approve the forms for all deeds, certificates, and other
instruments required in these proceedings, and the procedure for
delivery thereof.
94.346 Titles. Subdivision 1. State may quiet. The state may bring and
maintain an action to quiet or register the title to any land or
interest in land which it owns or claims in any capacity and to
determine all adverse claims thereto under any law pertaining to such
proceedings, whether or not the land is actually in possession of or
occupied by the state or any other person or corporation. Subd.
2. Attorney general may perfect. The attorney general, at
the request or with the approval of the board, may commence and carry
on any necessary or proper actions to perfect the titles to lands
owned by the state and subject to exchange under sections 94.341
to 94.347,
and may authorize any county attorney or other attorney to assist in
conducting any such action. The expenses of these actions, including
such attorneys' fees as the attorney general may allow to county
attorneys or other attorneys representing the state, shall be payable
out of any appropriations available for the purposes of sections 94.341
to 94.347.
Any county attorney performing such service shall be entitled to the
fees allowed therefor in addition to regular compensation unless the
salary is fixed on a full time basis. In case an action is
necessary to perfect the title to any privately owned land involved
in an exchange hereunder, and the owner of the land is unable to bear
the expense thereof, the Land Exchange Board may authorize the
attorney general to conduct such action and pay the expenses thereof
as in case of actions to perfect the title to state lands. The
expenses of the action, including attorney's fees, shall be deducted
from the value of the land for the purpose of exchange, subject to
payment by the owner for any difference in value as herein provided,
or shall be repaid by the owner otherwise upon such terms as the
board may direct. All money received on account of such expenses
shall be remitted to the commissioner of finance and credited to the
fund from which the expenses were paid.
94.347 Certain land subjected to like trusts. The lands acquired by the state
under Laws 1939, Chapter 343, shall be subject to like trusts as the
state lands involved in the actions for damages mentioned therein.
The commissioner shall determine to what trusts the several tracts of
land so acquired shall be subject according to their location,
character, and value, making due allowance for the relative
proportions of the different trusts to which the damaged lands were
subject, and make and file a certificate thereof in the office having
custody of the records of such lands in the department. The
determination of the commissioner so certified shall be deemed
conclusive as to the trust status of the lands affected unless
thereafter changed by act of the legislature.
94.348 Repealed, 1Sp2005 c 1 art 2 s 162
94.349 Repealed, 1Sp2005 c 1 art 2 s 162
94.35 Renumbered 92.461, subd 2
94.351 Escheat subject to encumbrance. When any land has become the property of
the state by escheat and is subject to any encumbrance arising from
taxes, assessments, or otherwise the commissioner of finance, with
the approval of the governor and the attorney general and for a
consideration to be determined by them, may execute in the name of
the state a deed of the land to the holder of the encumbrance. 94.36 Repealed, 1975 c 61 s 26
94.37 Repealed, 1975 c 61 s 26
94.38 Repealed, 1975 c 61 s 26
94.39 Repealed, 1975 c 61 s 26
94.40 Repealed, 1975 c 61 s 26
94.41 Relinquishment of lands to United States. When any land has been
erroneously certified or conveyed to the state by the United States,
the governor may execute, under the seal of the state, a
relinquishment or reconveyance thereof.
94.44 Grant by municipal corporation. When the United States shall desire
land for any purpose of the government which is owned by any city,
town, county, or other municipal or quasi-municipal corporation or in
which such corporation has any right it shall be lawful for the
governing body of such corporation to grant and convey the same to
the United States.
94.45 United States survey; damages. Any person employed pursuant to the laws
of the United States in the execution of a survey may enter upon any
land in the state for the purpose of doing any act which may be
necessary thereto, and may establish permanent station marks, and
erect the necessary signals and temporary observatories. If the
parties interested cannot agree upon the amount to be paid for
damages caused thereby either may petition the district court for the
county in which the land is situated to assess the damages. The
court shall appoint a time for a hearing as soon as may be, and order
at least 20 days' notice thereof to be given to all parties
interested, and shall, with or without view of the premises, as the
court may determine, hear the parties and assess the damages. The
person so entering upon the land may tender to the injured party
damages and if, in case of a petition, the damages assessed do not
exceed the amount tendered, the person entering shall recover costs;
otherwise the other party shall recover costs.
94.46 Injury to signal. Whoever willfully defaces, injures, or removes any
signal, monument, building, or other property of the United States
erected or used in the coast and geodetic survey, pursuant to the
laws of the United States, shall forfeit not exceeding $50 for each
offense, and shall be liable to the United States for all damages
sustained by it in consequence thereof, to be recovered in a civil
action.
94.47 Commissioner may purchase lands from United States government. The
commissioner is hereby authorized to purchase, to accept by gift or
lease, or by tenure title, any lands owned by the United States
government, including timber thereon, within the townships in which
state forests, or state parks or game refuges or public shooting
grounds have been set apart, or will hereafter be set apart by the
legislature. These tracts when the title thereto has become vested
in the state shall become and be a part of the state forests, or
state parks, or game refuges, or public shooting grounds subject to
all laws and rules relating to state forests, or state parks, or game
refuges, or public shooting grounds.
94.48 May expend money on leased land. When lands are obtained by lease from the
United States government under sections 94.47
to 94.51
the commissioner shall be authorized to make expenditures from any
funds not otherwise obligated for the management, development, and
utilization of such areas; to sell or otherwise dispose of products
from such lands and make necessary rules to carry out the purposes of
sections 94.47
to 94.51.
Unless otherwise provided all incomes derived from such leased lands
shall be paid into the state treasury and credited to the state
forest fund, and the same is hereby annually reappropriated for the
use of the commissioner in the acquisition, management, development,
and use of such leased lands until all obligations incurred have been
paid in full. Thereafter all revenues received therefrom shall be
distributed in accordance with Laws 1933, chapter 313.
94.49 Not to create debt. Obligations for the acquisition of lands by lease
incurred under the authority of sections 94.47
to 94.51
shall be paid solely and exclusively from revenues derived from such
lands and shall not impose any liability under the general credit and
taxing power of the state.
94.50 May sell and exchange lands. The commissioner, with the approval of the
Executive Council, shall have full power and authority to sell,
exchange, or lease lands under jurisdiction of the commissioner when
it is deemed advantageous to the state in the interests of the
highest development, utilization, and management of state forests.
Such sale, lease, or exchange of lands shall not be contrary to the
terms of any contract which has been entered into and shall not apply
to state trust fund lands.
94.51 Commissioner to make rules. The commissioner is hereby authorized to make
such rules as may be necessary to carry out the purposes of sections
94.47
to 94.51 and is hereby authorized to enter into cooperative
agreements with appropriative officials of the United States for and
on behalf of the state of Minnesota in order to secure the full
benefits to this state of the provisions of an act of Congress
introduced March 21, 1935, as H.R. 6914, and all other acts of
Congress which have been or may be passed providing for ways and
means of authorizing cooperation with the states for the purpose of
stimulating the acquisition, development, and management of state
lands and coordinating federal and state activities in carrying out a
national program of land use and management, and for other similar
purposes; that sections 94.47
to 94.51 and all other acts and amendments thereto and all rules and
agreements made hereunder shall be liberally construed for the
purpose of making possible the complete cooperation of the agencies
of this state with the agencies of the federal government.
94.52 Expenditure of state's percentage of proceeds of sale of land to the United States. Subdivision 1. Expenditures. All sums
heretofore or that may hereafter be received from the United States
government, on account of an act of Congress approved May 23, 1908
(35 Stat. 260), or any amendments thereof hereafter enacted shall be
expended as follows: One-half for public schools and the
remainder for public roads in the counties in which the national
forests are situated; provided, that any county coming within the
provisions of said act of Congress is hereby authorized to borrow
money from the federal government or any of its agencies and to use
moneys received pursuant to the provisions of said act of Congress or
amendments thereto for the purpose of repaying any loan or loans made
to such county by the federal government or any of its agencies. In
the case of the Superior National Forest, the counties of Cook, Lake,
Koochiching, and St. Louis shall share in the distribution of the sum
received from that source in the same proportion that the federally
owned lands in each county which are within the boundaries of said
forest bear to the total number of acres of federally owned lands in
said forest area. In the case of the Chippewa National Forest, the
counties of Cass, Itasca, and Beltrami shall share in the
distribution of the sum received from that source in the same
proportion that the federally owned lands in each county, which are
within the boundaries of said forest bear to the total number of
acres of federally owned lands in said forest area. Subd. 2.Distributions validated; appropriation. Any distribution made
by the state of moneys received from the United States government on
account of said act of Congress is hereby legalized and made valid
and effective to the same extent as though the method of distribution
used was provided for by the legislative enactment prior to the
distribution thereof. There is hereby appropriated from such
moneys in the state treasury not otherwise appropriated to the public
schools or the counties as provided by this section, an amount
sufficient to make the necessary payments as are provided herein.

94.521 Distribution of federal aid. Subdivision 1. Expenditures. All sums
of money heretofore or which may hereafter be received from the
United States government on account of the act of Congress approved
June 28, 1934 (Statutes at Large, volume 48, page 1273), amended by
act approved June 26, 1936 (Statutes at Large, volume 49, page 1978),
and the act approved June 28, 1938 (Statutes at Large, volume 52,
page 1221), or any amendments thereof heretofore or hereafter enacted
shall be expended as follows: One-half for public schools and the
remainder for public roads in the counties in which the land
producing such money is situated. Subd. 2.
Appropriation. There is hereby appropriated to the public schools
or counties entitled to such payment, from such money in the state
treasury not otherwise appropriated, an amount sufficient to make the
payments as provided herein.
94.522 Transmission of warrants to county treasurers; use of proceeds. It
shall be the duty of the commissioner of finance to transmit warrants
on the state treasury to the county treasurer of the respective
counties for the sums that may be due in accordance with section 94.521,
which sums are hereby appropriated out of the state treasury from the
amounts received from the United States government pursuant to the
aforesaid acts of Congress, and such money shall be used by the
counties receiving the same for the purposes and in the proportions
herein provided.
94.53 Warrant to county treasurers; federal loans to counties. It
shall be the duty of the commissioner of finance to transmit warrants
on the state treasury to the county treasurers of the respective
counties for the sum that may be due in accordance with sections 94.52
to 94.54,
which sum or sums are hereby appropriated out of the state treasury
from the amounts received from the United States government pursuant
to the aforesaid act of Congress. The commissioner of finance, upon
being notified by the federal government or any agencies thereof that
a loan has been made to any such county the repayment of which is to
be made from such fund, is authorized to transmit a warrant or
warrants to the federal government or any agency thereof sufficient
to repay such loan out of any money apportioned or due to such county
under the provisions of such act of Congress, approved May 23, 1908
(Statutes at Large, volume 35, page 260).
94.54 Schools and roads near national forests. It shall be the duty of the
county board of each county receiving such money to use the portion
allotted to public schools to aid in maintaining those school
districts that may be situated within or near the national forest,
and the portion allotted for public roads shall be used, as far as
practicable, in the construction and repair of roads within or near
the national forests. This section shall not apply to any such sums
of money which may have been allotted or set aside for the purpose of
paying loans which may have been made by any county pursuant to the
provisions of sections 94.52
and 94.53.

94.55 Transfer of state-owned improvements. The commissioner may sell or
transfer an improvement located on state-owned lands, the
compensation for which shall be determined by the commissioner. The
sale or transfer shall be accomplished by a bill of sale, describing
the improvement transferred and the terms and conditions of the sale
or transfer. Proceeds resulting from the sale or transfer must be
deposited in the state treasury and credited to the land acquisition
account established in section 94.165.

USA Statutes : minnesota