USA Minnesota

USA Statutes : minnesota
Title : LANDS AND MINERALS
Chapter : State lands; sales, investment of proceeds
92.01 State public lands or state lands. "State public lands" or "state lands"
means school, swamp, university, internal improvement, and other
lands granted to the state by acts of Congress.
92.02 Authority. Sales under this chapter must be conducted by the commissioner, a
deputy of the commissioner, or a competent person employed by the
commissioner.
92.025 School trust land definition. For purposes of this chapter and chapter
94, "school trust land" means land granted by the United States for
use of schools within each township, swampland granted to the state,
and internal improvement land that are reserved for permanent school
fund purposes under the Minnesota Constitution, article XI, section
8, and land exchanged, purchased, or granted to the permanent school
fund.
92.03 Minimum price of lands. Subdivision 1. School lands. The price of
school lands must be at least $5 an acre, including the value of
timber reproduction. No more than 100,000 acres of school lands may
be sold in one year. If a patent has been issued by the federal
government to school land before 1864 and the taxes on it have been
paid for at least 35 years, the commissioner of finance may reduce
the minimum price of $5 an acre by the taxes paid to make the land
salable. Subd. 2. University lands. The price of lands
donated to the state by the United States by act of Congress entitled
"An act donating to the states of Minnesota and Oregon certain lands
reserved by Congress for the territories of Minnesota and Oregon, for
university purposes," approved March 2, 1861, and by an act of
Congress entitled "An act donating public lands to the several states
and territories which may provide colleges for the benefit of
agriculture and mechanic arts," approved July 2, 1862, must be at
least $5 an acre, including the value of timber reproduction. The
commissioner shall sell them in accordance with this chapter.
Subd. 3. Repealed, 1965 c 45 s 73 Subd. 4. Internal
improvement lands. When lands donated to the state under the
eighth section of an act of Congress entitled "An act to appropriate
the proceeds of the sales of the public lands, and to grant
preemption rights," approved September 4, 1841, are sold, the money
derived from its sale must be invested, as provided by the Minnesota
Constitution, article XI, section 8.
92.04 Minimum price of certain state lands. Lands selected for state institutions
under an act of the legislature entitled "An act to appropriate swamp
lands to certain educational and charitable institutions and for the
purpose of creating a state prison," approved February 13, 1865, and
lands known as State Capitol lands, must be sold as school lands are
sold. The price of lands belonging to the state by virtue of the
Congressional acts in this section and section 92.03
must be at least $5 an acre, including the value of timber
reproduction. The terms of payment and conditions of sale must be
the same as provided by law. When state lands have been benefited by
and assessments paid for drainage, the drainage improvements must be
considered by the state land examiner in making appraisals. When the
drained lands are sold, the principal and interest paid on it must be
credited by the commissioner to the proper fund to which the land
belongs.
92.05 Salt lands, by whom sold. The Board of Regents of the University of
Minnesota shall have charge of the state salt lands donated by the
United States to aid in the development of the brines in the state.
The Board of Regents may sell these lands. The university may
execute, in its name, deeds of conveyance of these lands. The
proceeds of the sale of the lands when invested constitute a
permanent fund, called the university salt land fund. The University
Board of Regents shall control and manage the university salt land
fund. The university salt land fund is considered a nonstate
source for purposes of section 137.022,
subdivision 3. The Board of Regents may use the income from the fund
to match income from the permanent university fund for use by the
university campuses at Crookston, Duluth, Morris, and Waseca for the
purposes set forth in section 137.022,
subdivision 3.
92.06 Payments; interest. Subdivision 1. Terms for land sales held
before July 1, 2004. (a) The terms of payment on the sale of
state public lands held before July 1, 2004, must be as follows: The
purchaser shall pay in cash at the time of sale the appraised value
of all timber and costs determined by the commissioner to be
associated with the sale including survey, appraisal, publication,
deed tax, filing fee, and similar costs. At least 15 percent of the
purchase price of the land exclusive of timber and associated costs
must be paid in cash at the time of sale. The balance of the
purchase price must be paid in no more than 20 equal annual
installments. Payments must be made by June 1 each year following
the year in which the purchase was made, with interest at the rate in
effect at the time of sale, calculated under this subdivision, on the
unpaid balances. Any installment of principal or interest may be
paid in advance, but part payment of an installment will not be
accepted. For the purpose of computing interest, any installment of
principal not paid on June 1 shall be credited on the following June
1. The purchaser may pay the balance due on a sale within 30 days of
the sale with no interest due. (b) Interest on unpaid balances
must be computed as annual simple interest. The rate of interest
must be based on average effective interest rates on mortgage loans
as provided in paragraph (c). (c) On or before December 31 of
each year, the commissioner of natural resources shall determine the
rate from the average effective interest rate on loans closed using
the Office of Thrift Supervision series, formerly the Federal Home
Loan Bank Board series, or its successor agency, for the most recent
calendar month, reported on a monthly basis in the latest statistical
release of the Board of Governors of the Federal Reserve System.
This yield, rounded to the nearest quarter of one percent, is the
annual interest rate for sales of state land during the succeeding
calendar year. (d) For state land sales in calendar year 1993
after July 1, 1993, the rate is eight percent, which is the September
1992 average from the Office of Thrift Supervision series, rounded to
the nearest quarter of one percent. Subd. 1a. Terms for
land sales after July 1, 2004. Notwithstanding subdivision 1, for
state land sales on or after July 1, 2004, the purchaser must pay at
the time of sale ten percent of the total amount bid and the
remainder of the payment is due within 90 days of the sale date. A
person who fails to make final payment within 90 days of the sale
date is in default. On default, all right, title, and interest of
the purchaser or heirs, representatives, or assigns of the purchaser
in the premises shall terminate without the state doing any act or
thing. A record of the default must be made in the state land
records of the commissioner. Subd. 2. Buildings or
improvements. If there are buildings or other improvements upon
the land, their value must be determined separately and included in
the purchase price. A person must not remove, injure, or destroy a
building or other improvement until an amount equal to its determined
value has been paid on the purchase price of the premises, in
addition to any payment required for timber. Violation of this
provision is a gross misdemeanor. Subd. 3. Default. A
person who fails to make a payment required under a certificate of
sale within 60 days from the date it becomes due is in default. On
default, the certificate of sale shall be deemed canceled, and all
right, title, and interest of the purchaser or heirs,
representatives, or assigns of the purchaser, in the premises shall
terminate without the doing by the state of any act or thing. A
record of the default must be made in the state land records of the
commissioner. The commissioner may prepare a certificate of default
and file it with the county treasurer or record it in the office of
the county recorder of the county containing the property. The
record or certificate is prima facie evidence of the facts stated in
it, but the cancellation and termination are effective without it.
This subdivision does not apply to a sale made before May 1, 1941.Subd. 4. Improvements, when payment not necessary. (a)
If a person has made improvements to the land and if: (1) the
commissioner believes that person settled the land in good faith as
homestead land under the laws of the United States before it was
certified to the state, (2) the improvements were lawfully made by
that person as a lessee of the state, or (3) the commissioner
determines, based on clear and convincing evidence provided by the
person, that the improvements were made by the person as an
inadvertent trespasser, then the value of the improvements must be
separately determined and, if the settler, lessee, or inadvertent
trespasser purchases the land, the settler, lessee, or inadvertent
trespasser is not required to pay for the improvements. If another
person purchases the land, that person must pay the owner of the
improvements, in addition to all other required payments, the
determined amount for the improvements. (b) Payment for
improvements must be made within 15 days of the auction sale, either
in cash or upon terms and conditions agreeable to the owner of the
improvements. If payment for improvements is not made in cash, and
if there is no agreement between the parties within 15 days of the
auction sale, the commissioner may: (1) sell the property to the
second highest qualified bidder if that bidder submitted to the
commissioner's representative, at the auction sale, a written request
to buy the property at a specified price; or (2) void the sale
and reoffer the property at a subsequent sale. (c) This
subdivision does not apply unless the owner of the improvements makes
a verified application to the commissioner showing entitlement to the
improvements before the first state public sale at which the land is
offered for sale. The applicant must appear at the sale and offer to
purchase the land for at least its determined value including all
timber on it, and make the purchase if no higher bid is received.
Actions or other proceedings involving the land in question begun
before the sale must have been completed. Subd. 5. Further
security. The commissioner may require of the purchaser security
for the payment of the deferred installments. The commissioner may
recover the money and enforce any security by action brought in the
director's name.
92.07 Sales by subdivisions. Sales of land by the commissioner must be made
according to the subdivisions by the United States surveys, unless
the land has been subdivided into smaller parcels or lots, as
provided in this chapter. The land may not be sold in larger
quantity than one quarter section.
92.08 Surveys and resurveys. (a) The commissioner may have surveys made to
determine the correct boundaries or description of the land or to
dispose of it in convenient parcels. When the commissioner
determines that the interest of the state will be promoted, the
commissioner may subdivide land controlled by the commissioner into
smaller parcels or city lots. (b) When the commissioner believes
that an injustice has been done the purchaser because of an incorrect
United States survey, the commissioner may have a resurvey made by a
competent surveyor. The surveyor shall prepare a plat showing the
correct acreage of each subdivision resurveyed and file it with the
commissioner and with the county recorder of the proper county. The
commissioner may call in the land certificates affected by the
resurvey and issue new ones. The certificates must show the correct
acreage and give full credit for all payments of principal and
interest made.
92.09 Repealed, 2004 c 262 art 1 s 41
92.10 Maps and plats. Subdivision 1. Map recorded. When the commissioner
subdivides land into small parcels or city lots, a map of the
subdivision shall be recorded with the county recorder of the county
containing the land. Subd. 2. Preparation. The
commissioner shall prepare suitable maps or plats designating school
or other state lands owned by the state that are subject to sale.
The maps or plats must be printed and distributed with other printed
matter in sufficient quantities to properly advertise the sales
provided by this chapter.
92.11 Repealed, 2004 c 262 art 1 s 41
92.115 Valuation of state lands; minimum bid. Subdivision 1. Land valuation
required. Before offering any state land for sale under this
chapter, the commissioner must establish the value of the land. The
commissioner shall have the land appraised if the estimated market
value is in excess of $50,000. Subd. 2. Minimum bid.
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.
92.12 Appraisal of school and other state lands. Subdivision 1.
Appraisers. The commissioner may have any school trust or other
state lands appraised. 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. Subd. 2. Valuation and appraisal. The
appraiser shall view and appraise the lands, including the
merchantable timber and improvements on them, and make a report to
the commissioner. The valuation of the lands and the merchantable
timber and improvements on them must each be made. The minimum price
established by the appraisal is the minimum price for the lands until
changed by later appraisal. The price may not be less than $5 an
acre. Subd. 3. Repealed, 1961 c 657 s 3 Subd. 4.
Sales. The commissioner shall hold frequent sales of school trust
and other state lands. The commissioner shall sell lands the
commissioner considers best for the public interest. Subd. 5.Sale of land and timber. When the appraisal or other reports
show that the land is mainly valuable for agricultural purposes and
contains only small quantities of timber, the commissioner may either
sell the timber separately as provided by law for state timber sales
or sell the land as agricultural land. If the land is sold as
agricultural land the purchaser must pay down as first payment an
amount equal to the value of the timber, in addition to the first
payment required on the land. If the appraisal and other reports
show land should be sold for continuous forest production or other
conservation purpose, the commissioner may require that the full
appraised value of land and timber must be paid by the purchaser at
the time of purchase. Subd. 6. Drainage. The appraisers
must report to the commissioner lands that they believe should be
drained. After the state has constructed or has been assessed for a
public ditch or drain, the lands assessed or improved must be
reappraised before being offered for sale.
92.121 Permanent school fund lands. The commissioner of natural resources
shall exchange permanent school fund land as defined in the Minnesota
Constitution, article XI, section 8, located in state parks, state
recreation areas, wildlife management areas, scientific and natural
areas, or state waysides or on lands managed by the commissioner as
old growth stands, for other lands as allowed by the Minnesota
Constitution, article XI, section 10, and section 94.343,
subdivision 1, that are compatible with the goal of the permanent
school fund lands in section 127A.31
when, as a result of management practices applied to the permanent
school fund lands and associated resources, revenue generation has
been diminished or is prohibited and no alternative has been put into
effect to compensate the permanent school fund for the income losses.

92.13 State lands, date of sale. The commissioner shall hold public sales of
school and other state lands when it is advantageous to the state and
to intending buyers and settlers.
92.14 Sale, notice. Subdivision 1. Time. At least 30 days before a
sale, the commissioner shall give published notice of the sale in
each county containing land to be sold, and in the county where the
sale will be held. If there is no newspaper published in the county,
posted notice in the county courthouse must be given. The
commissioner shall also provide electronic notice of sale. On or
before the day of sale, the commissioner may withdraw any lands.
Subd. 2. Contents. The notice must contain the following
information: (1) the time and place for the holding of the sales;(2) a general statement of the terms of sale; and (3) the
place where lists of lands to be offered for sale may be obtained.Subd. 3. Additional advertising of land sales. In
addition to notice of land sales required by subdivision 1, the
commissioner shall publicize land sales in Minnesota and elsewhere to
the greatest extent possible, consistent with appropriations
available for that purpose.
92.145 Unsold lands. Except for school trust lands, parcels remaining unsold
after the public sale offering may be sold to anyone agreeing to pay
the minimum bid established for the public sale. The sale shall
continue until all eligible parcels have been sold or the
commissioner withdraws the remaining parcels from sale.
92.15 Application. All other requirements and provisions relating to the sale
of school and other state lands apply to sales made under sections 92.02,
92.10,
92.13,
and 92.14.

92.16 Certificate of sale. Subdivision 1. Contents; default, resale. At
the time of the sale the commissioner shall execute, acknowledge, and
deliver to the purchaser a certificate of sale, numbered and made
assignable, certifying the description of the land sold, its
quantity, the price per acre, the consideration paid and to be paid,
and the time and terms of payment. A certificate must not be
delivered until the sum required by law to be paid at the time of the
sale is paid. If the purchaser fails to pay the sum, the
commissioner may reoffer the land for sale, but a bid may not be
accepted from the person failing to pay the original offer. If the
purchaser pays in full at the time of sale, the commissioner is not
required to issue a certificate of sale. Subd. 2. Default
in payment of interest; resale. Upon cancellation of any
certificate of sale the commissioner may without notice take
possession of the lands described in the certificate and resell them
at public auction in the same manner and under the same rules as
provided for the first sale. When the commissioner has reappraised,
advertised, and publicly offered the lands for sale, the state is
deemed to have reentered the lands without any other act, but this is
not essential to cancellation of the certificate of sale and does not
extend any rights of any person claiming under the certificate. The
purchaser at the sale is entitled to immediate possession. If the
land is not sold after cancellation of a certificate of sale, it is
unsold land of the state, free of rights claimed by any person under
the certificate whether in actual or constructive possession.
Subd. 3. Application. Mason's Supplement 1940, section 6285,
as it existed before the passage of Laws 1941, chapter 374, applies
to all state lands of any kind referred to in it sold after the
passage of Extra Session Laws 1933-1934, chapter 39, January 5, 1934,
and before May 1, 1941. Mason's Minnesota Statutes of 1927, section
6285, as it existed before the passage of chapter 39, applies to all
state lands sold before the passage of chapter 39, as if chapter 39
and Laws 1941, chapter 374, had not been enacted. Section 6285, as
amended by Laws 1941, chapter 374, applies to all state lands sold
after April 30, 1941. Subd. 4. Lands repossessed or
reentered. If state lands sold before the passage of Extra
Session Laws 1933-1934, chapter 39, January 5, 1934, have been
repossessed or reentered before the passage of Laws 1941, chapter
374, in accordance with Mason's Minnesota Statutes of 1927, section
6285, as it existed before the passage of chapter 39, the reentry or
repossession is valid for all purposes. Subd. 5. Lands
sales after July 1, 2004. Notwithstanding subdivisions 1 to 4, no
certificate of sale shall be issued for land sold on or after July 1,
2004. The terms of payment for land sales on or after July 1, 2004,
are as provided in section 92.06,
subdivision 1a.
92.163 Extension for payment on state land certificates. Subdivision 1.
Limitation. The time for payment of the principal of any
certificate of sale of state public land sold before May 1, 1941,
which has expired or will expire, is extended as provided in this
section. Subd. 2. Certificate holder to file
application. Before the expiration of the time for the payment of
principal specified in the original certificate of sale, or any
lawful extension, the holder of the certificate shall file with the
commissioner of natural resources an application for an extension of
time of payment in the form prescribed by the commissioner. The
applicant shall submit to the commissioner the certificate of sale or
an affidavit of the circumstances if it has been lost or destroyed,
or cannot be produced for any other reason, together with other proof
of the applicant's rights required by the commissioner. At least 15
percent of the unpaid principal must be paid with the application,
together with all unpaid interest and penalties accrued. The
remaining unpaid principal, with interest, is payable as provided by
Mason's Minnesota Statutes 1927, section 6267, as amended by Laws
1941, chapter 374. The rights of the certificate holder and all
other proceedings in the matter are subject to that section and other
applicable laws, as if the land has been sold under them on the date
of the filing of the application for extension. Subd. 3.
Certificate of extension. Thereupon the time for payment is
extended. The commissioner shall issue a certificate of extension in
form approved by the attorney general, and the original certificate
shall be deemed modified in accordance with it. The duplicate of the
certificate must be attached to the duplicate original certificate of
sale on record in the office of the commissioner of natural
resources. Subd. 4. Application of section 92.163. This
section does not apply if the certificate of sale has been absolutely
terminated and made void, without right of redemption, or if the land
has become forfeited to the state for delinquent taxes.
92.165 Certificate of release. Subdivision 1. Release by commissioner.
Whenever it appears (1) that the terms of a certificate of sale of
state public lands have been fully complied with entitling the owner
to a patent under the terms of the certificate; (2) that the patent
has not been issued; and (3) that after compliance, the lands were
forfeited to the state for nonpayment of taxes accruing after
compliance, the commissioner shall, upon resolution of the county
board of the county in which the lands lie, issue a certificate
reciting that there was compliance with the terms of the certificate
of sale before the forfeiture, and releasing the lands from the trust
attached before their sale as state public lands. Subd. 2.
Delivery of certificate. The certificate must be delivered to the
county auditor. The county auditor must record it with the county
recorder without payment of any recording fee. Subd. 3.
Status of tax-forfeited lands. From the date of forfeiture, the
title and status of the lands is the same as that of other
tax-forfeited lands.
92.17 Effect of certificate; record. A certificate of sale entitles the
holder to possession of the land described in it, but the fee remains
in the state until a patent is issued. The certificates,
assignments, and patents may be recorded with the county recorder.

92.18 Certificates, divided. When the holder of a certificate surrenders it to
the commissioner with a request to divide the land described in it,
the commissioner may issue two or more certificates. No new
certificate may be issued while any interest is delinquent or if the
commissioner believes that the security of the state would be
impaired or endangered. An applicant who requests a division by
boundaries other than regular government or state subdivisions must
file with the application a plat and survey showing the lines of, and
the quantity of land in, each subdivision.
92.19 Assignment; extensions of payment. When a certificate or partial
interest in a certificate is assigned, the assignment must be made on
a form prescribed by the commissioner, executed by the assignor and
assignee, and consented to by the commissioner. An assignment of a
partial interest shall recite that payment in full has been made to
the commissioner. When the assignee satisfies the terms of the
assignment and corresponding terms of the certificate, the
commissioner shall issue a deed or patent to the assignee.
92.20 Void sales; refund. A sale made by mistake, or not in accordance with
law, or obtained by fraud, is void, and the certificate issued on it
is void. The holder of a void certificate must surrender it to the
commissioner who, except in cases of fraud on the part of the
purchaser, shall refund to the holder the money paid on the sale.

92.21 Redemption of forfeited state lands. Subdivision 1. Conditions of
redemption. If the holder of a certificate of sale of state land
sold before January 6, 1934, forfeits rights for failure to pay the
interest due under the certificate, the holder may redeem the rights
as follows. Before resale at public auction of the lands described
in the certificate, the holder shall pay the commissioner of finance
the amount of interest then due and payable on the certificate, with
interest at four percent from the time when it became due. The
payment is a redemption of the rights of the certificate holder, and
the certificate is reinstated, if the following conditions are met:(1) If the default in payment occurred before July 1, 1941, the
amount required for redemption must be paid not later than December
31, 1941. (2) If the default in payment occurred on or after
July 1, 1941, the amount required for redemption must be paid within
six months after the default. (3) If the time for payment of the
principal specified in the certificate has expired but an extension
of time by law has not expired, the amount due on the principal with
interest and all other sums due the state on the land must be paid.
After payment, a patent for the land must be issued to the
certificate holder as provided by law. (4) No redemption is
permitted if the time for payment of the principal as specified in
the certificate and its lawful extensions have expired, or if the
certificate of sale has been absolutely terminated and made void
without right of redemption under any prior or existing law, or if
the land has become absolutely forfeited to the state for delinquent
taxes. (5) This section does not affect any proceedings for the
resale of state public land unless redemption is made before sale of
the land to an actual purchaser. Subd. 2. Certificate void
when land not redeemed. If a certificate of sale of state public
land sold before January 6, 1934, is canceled after default by
reappraisal and reoffer of the land for sale, and the default is not
redeemed and the certificate reinstated as provided by this section,
the certificate is absolutely canceled and void, and all right,
title, and interest of the purchaser or heirs, representatives, or
assigns of the purchaser, in the land terminate without further act
of the state. This subdivision does not preclude any other method of
termination prescribed by law.
92.211 Time of payment extended. Subdivision 1. Extension on certificates
expiring before July 1, 1943. The time for payment of the
principal on every certificate of sale of state public land which has
expired before July 1, 1943, is extended to December 31, 1943,
subject to payment of interest as provided by law and to all other
conditions of the certificate. Upon payment of the principal and
interest and all other sums due the state upon the land within the
extended time, a patent for the land must be issued to the holder of
the certificate as provided by law. Subd. 2. Extension on
certificates expiring after June 30, 1943. The time for payment
of the principal on every certificate of sale of state public land
sold before May 1, 1941, which expires after June 30, 1943, is
extended for six months after the time specified in the certificate,
subject to payment of interest as provided by law and to all other
conditions of the certificate. Upon payment of the principal and
interest and all other sums due the state upon the land within the
extended time, a patent for the land must be issued to the holder of
the certificate as provided by law. Subd. 3. No extensions
on void certificates. This section does not apply if the
certificate of sale has been absolutely terminated and made void
without right of redemption under any prior or existing law, or if
the land has become absolutely forfeited to the state for delinquent
taxes. Subd. 4. Failure to pay when due. If the full
amount of principal with interest and all other sums required to
obtain a patent under a certificate of sale of state public land sold
before May 1, 1941, is not paid before the expiration of the time
allowed by law for payment of the principal, the certificate is
absolutely canceled and void, and all right, title, and interest of
the purchaser or heirs, representatives, or assigns of the purchaser,
in the land terminate without further act of the state. This
subdivision does not preclude any other method of termination
provided by law.
92.212 Certain lands presumed abandoned. If full payment of the amount due the
state for any state public land sold before May 1, 1941, is not made
before the expiration of the time prescribed in the certificate for
full payment of the principal or any extension of time provided by
law, it is presumed that the purchaser and all persons claiming under
the purchaser abandoned the land and all right, title, interest in
and claim to it, and have released it absolutely to the state and its
assigns.
92.213 Limitation of actions. If full payment of the amount due the state for any
state public land sold before May 1, 1941, is not made before the
expiration of the time prescribed in the certificate for full payment
of the principal or any lawful extension of time, no action for the
recovery or possession of the land or for the enforcement of any
right, title, interest in, or claim to it may be maintained by the
purchaser or any one claiming under the purchaser unless the action
is commenced within one year after the expiration of the time or
extension.
92.214 Certificates deemed canceled in certain cases. If the interest of the
purchaser of a tract of state public land becomes forfeited to the
state for delinquent taxes, the certificates are canceled and
terminated, and the land shall be held by the state as unsold public
land, free from right, title, interest, or claim of the purchaser or
heirs, representatives, or assigns of the purchaser, and free from
any trust in favor of a taxing district.
92.215 Taxes canceled. If the rights of a purchaser of state public land or heirs,
representatives, or assigns of the purchaser, have been absolutely
terminated, all unpaid taxes and assessments against the land at the
date of the termination are canceled and the county auditor must
record the termination.
92.22 Repealed, 1999 c 243 art 13 s 21
92.23 Payments; receipts. The holder of a certificate of sale may pay the
commissioner any amount due on the certificate. The commissioner
shall issue duplicate receipts specifying the date, the name and
address of the person making the payment, the amount paid, whether
for principal or interest, the fund to which it is applicable, and
the number of the certificate. The receipt has the same effect as if
given by the commissioner of finance. The commissioner shall deliver
one copy to the holder of the certificate and retain one copy.
92.24 Money paid to commissioner of finance. The commissioner shall pay over all
money received on account of certificates of sale to the commissioner
of finance for deposit as required by section 92.28
and other applicable laws.
92.25 Repealed, 1988 c 628 s 24
92.26 Statement of sales. Before May 2 each year the commissioner shall prepare
a statement showing the lands sold in each county, the classes to
which they belong, the numbers of the certificates of sale, the name
of the persons to whom each was issued, and the amount of principal
and interest due on each certificate on June 1. The commissioner
shall forward copies of the statement to the governor and to the
commissioner of finance.
92.27 Commissioner's report on close of sale. The commissioner or the
commissioner's designated agent shall act as clerk of land sales made
by the commissioner. Immediately after the close of all sales, the
commissioner shall prepare a report describing each tract sold, the
amount for which it was sold, and the amount paid.
92.28 Proceeds of sales; distribution. (a) A portion of the proceeds from the
sale, equal in amount to the survey, appraisal, legal, advertising,
and other expenses incurred by the commissioner in rendering the
property salable and included in the minimum bid amount, shall be
remitted to the account from which the expenses were paid and is
appropriated and immediately available for expenditure in the same
manner as other money in the account. (b) The remainder of the
proceeds accruing from all sales by the commissioner of school,
university, internal improvement, or other state lands, or of pine
timber upon state lands must be deposited in the several permanent
funds to which they, respectively, belong. (c) Money received as
interest on the funds, as penalties, or as rents of the lands, must
be deposited in the current or general funds to which they belong.
Interest and penalties on the internal improvement land fund, and
rents of the land, must be compounded with the permanent fund.
92.29 Land patents. The commissioner of natural resources shall sign and issue
in the name of the state and under the seal of the state a patent for
the land described in any certificate of sale when the principal and
interest specified in the certificate of sale and all delinquent
taxes due on the land have been paid. The patent shall be issued to
the purchaser named in the certificate of sale, or the purchaser's
successor in interest by execution, judicial, mortgage or tax sale,
or the assignee, vendee, heir or devisee of the purchaser, as shown
by a properly certified abstract of title or other evidence if the
purchaser's successor is a person other than the purchaser named in
the certificate of sale. If the certificate of sale has become lost
or destroyed, an affidavit stating that fact or a certified copy of
the certificate must be submitted by the applicant for a patent.
When total payment is made within 90 days of the sale, the
commissioner shall sign and issue, in the name of the state and under
the seal of the state, a patent for the land sold.
92.30 State to sell certain lands. The department may sell any state-owned
lands, including lands set apart as school forests or other state
forests, lying within the general boundaries of the Superior National
Forest and the Chippewa National Forest as the boundaries now exist
or may hereafter be extended, to the United States to be included as
a part of either of these forests. The lands must be designated by
the Executive Council, upon the recommendation of the commissioner,
for disposal to the United States for that purpose. The purchase
price paid at the sale by the commissioner for the state may not
exceed a maximum fixed by the Executive Council. All laws relating
to the sale of state swamp lands and state school lands apply to
sales under this section.
92.31 State may exchange land. The Executive Council may exchange lands
acquired by the state by purchase, as set forth in section 92.30,
for lands of the United States of the same general character and of
substantially the same value that in its judgment will promote the
best interests of the state. The council may set the terms of the
sale. It may accept or pay out of any available funds any cash
differences needed to effect an equitable exchange of lands. The
Executive Council may have any lands acquired under this section
appraised by competent authority.
92.32 Governor to execute conveyances. To carry out sections 92.30
and 92.31
the governor may execute proper instruments of conveyance in the name
and under the seal of the state.
92.321 Sale for forestry purposes. Subdivision 1. Commissioner may sell
lands. The commissioner of natural resources may sell any
unreserved state public land which in the commissioner's opinion is
suitable for private forest management. Subd. 2. Conditions
of sale. Sales under this section must be public in the same
manner as other state land, after approval by the Executive Council.
Land sold under this section must be used exclusively for growing
continuous forest crops in accordance with accepted sustained yield
practice. Not more than 1,280 acres of land may be offered in one
parcel. The sale must be for cash.
92.33 Repealed, 1969 c 9 s 12
92.34 County land classification committee. There must be a land
classification committee in each county having 25 percent or more of
its land area delinquent for nonpayment of taxes, or where 25 percent
or more of its land area is owned by the state or the United States.
The committee is composed of the county auditor, the chair of the
board of county commissioners, the county treasurer, the county
surveyor, and the county superintendent of schools. The chair of the
board of county commissioners is chair of the county land
classification committee. In any county having a county agricultural
agent, the agent shall meet and advise with the committee. The
committee must meet at the office of the county auditor upon call of
the county auditor.
92.35 Duties and powers. The commissioner of natural resources must classify
all public and private lands in the state by the use to which the
lands are adapted, but principally as to adaptability to present
known uses, such as agriculture and forestry. This classification
must be based on consideration of the known physical and economic
factors affecting use of the land. The commissioner must consult
private, state, and federal agencies concerned with land use. The
commissioner may appoint advisory committees of residents of the
state concerned with and interested in land use. The advisory
committees shall serve without pay, at the pleasure of the
commissioner. The advisory committee must consider and report on
land use problems submitted by the commissioner. The classification
must be done first in the counties having land classification
committees. In determining the land classification, the commissioner
must consult and cooperate with the land classification committee.
The determination of the land classification committee is final.
92.36 Lands classified. Upon the basis of all of the facts concerning
land use now obtainable and as provided in sections 92.34
to 92.37
the commissioner of natural resources shall temporarily classify land
areas with reference to the known uses to which the areas are adapted
or adaptable. A certified copy of the temporary classification,
together with a brief statement of the reasons for it, must be
recorded in the office of the county recorder in each county
containing the lands classified. No fees need be paid for this
recording. After the temporary classification has been adopted by
the commissioner, none of the lands classified as nonagricultural may
be sold or leased by the state for agricultural purposes.
92.37 Report to legislature. The commissioner shall report the results of
the land classification to the legislature with any recommendations
deemed advisable.
92.38 Renumbered 94.341
92.39 Renumbered 94.342
92.40 Renumbered 94.343
92.41 Renumbered 94.344
92.42 Renumbered 94.345
92.43 Renumbered 94.346
92.44 Renumbered 94.347
92.45 State land on meandered lakes withdrawn from sale. All state lands
bordering on or adjacent to meandered lakes and other public waters
and watercourses, with the live timber growing on them, are withdrawn
from sale except as provided in this section. The commissioner of
natural resources may sell the timber as otherwise provided by law
for cutting and removal under conditions the commissioner prescribes.
The conditions must be in accordance with approved, sustained-yield
forestry practices. The commissioner must reserve the timber and
impose other conditions the commissioner deems necessary to protect
watersheds, wildlife habitat, shorelines, and scenic features.
Within the area in Cook, Lake, and St. Louis Counties described in
the act of Congress approved July 10, 1930, (Statutes at Large,
volume 46, page 1020), the timber on state lands is subject to
restrictions like those now imposed by the act on federal lands.
The following land is reserved for public travel: of all land
bordering on or adjacent to meandered lakes and other public waters
and watercourses and withdrawn from sale, a strip two rods wide, the
ordinary high-water mark being its waterside boundary, and its
landside boundary a line drawn parallel to the ordinary high-water
mark and two rods distant landward from it. Wherever the
conformation of the shore line or conditions require, the
commissioner must reserve a wider strip. Except for sales under
section 282.018,
subdivision 1, when a state agency or any other unit of government
requests the legislature to authorize the sale of state lands
bordering on or adjacent to meandered lakes and other public waters
and watercourses, the commissioner shall evaluate the lands and their
public benefits and make recommendations on the proposed dispositions
to the committees of the legislature with jurisdiction over natural
resources. The commissioner shall include any recommendations of the
commissioner for disposition of lands withdrawn from sale under this
section over which the commissioner has jurisdiction. The
commissioner's recommendations may include a public sale, sale to a
private party, acquisition by the commissioner for public purposes,
retention of a conservation easement for shoreland preservation by
the commissioner under chapter 84C, or a cooperative management
agreement with, or transfer to, another unit of government. The
commissioner may sell state lands bordering on or adjacent to the
Mississippi River or any lakes, waters, and watercourses in its
bottom lands, desired or needed by the United States government for,
or in connection with, any project heretofore authorized by Congress,
to improve navigation in the Mississippi River at public sale
according to law, as in other cases, upon application by an
authorized United States official. The application must describe the
land and include a map showing its location with reference to
adjoining properties.
92.46 Lands as campgrounds. Subdivision 1. Public campgrounds. (a)
The director may designate suitable portions of the state lands
withdrawn from sale and not reserved, as provided in section 92.45,
as permanent state public campgrounds. The director may have the
land surveyed and platted into lots of convenient size, and lease
them for cottage and camp purposes under terms and conditions the
director prescribes, subject to the provisions of this section.
(b) A lease may not be for a term more than 20 years. The lease may
allow renewal, from time to time, for additional terms of no longer
than 20 years each. The lease may be canceled by the commissioner 90
days after giving the person leasing the land written notice of
violation of lease conditions. The lease rate shall be based on the
appraised value of leased land as determined by the commissioner of
natural resources and shall be adjusted by the commissioner at the
fifth, tenth, and 15th anniversary of the lease, if the appraised
value has increased or decreased. For leases that are renewed in
1991 and following years, the lease rate shall be five percent of the
appraised value of the leased land. The appraised value shall be the
value of the leased land without any private improvements and must be
comparable to similar land without any improvements within the same
county. The minimum appraised value that the commissioner assigns to
the leased land must be substantially equal to the county assessor's
estimated market value of similar land adjusted by the
assessment/sales ratio as determined by the Department of Revenue.(c) By July 1, 1986, the commissioner of natural resources shall
adopt rules under chapter 14 to establish procedures for leasing land
under this section. The rules shall be subject to review and
approval by the commissioners of revenue and administration prior to
the initial publication pursuant to chapter 14 and prior to their
final adoption. The rules must address at least the following:
(1) method of appraising the property; and (2) an appeal
procedure for both the appraised values and lease rates. (d) All
money received from these leases must be credited to the fund to
which the proceeds of the land belong. Notwithstanding section
16A.125
or any other law to the contrary, for fiscal years 1999 and 2000, 100
percent, and thereafter, 50 percent, of the money received from the
lease of permanent school fund lands leased pursuant to this
subdivision must be credited to the lakeshore leasing and sales
account in the permanent school fund and is appropriated for use to
survey, appraise, and pay associated selling, leasing, or exchange
costs of lots as required in this section and Minnesota Statutes
1992, section 92.67,
subdivision 3. Any money designated for deposit in the permanent
school fund that is not needed to survey, appraise, and pay
associated selling, leasing, or exchange costs of lots, as required
in this section, shall be deposited in the permanent school fund.
The commissioner shall add to the appraised value of any lot offered
for sale or exchange the costs of surveying, appraising, and
disposing of the lot, and shall first deposit into the permanent
school fund an amount equal to the costs of surveying, appraising,
and disposing of any lot paid out of the permanent school fund. Any
remaining money shall be deposited into any other contributing funds
in proportion to the contribution from each fund. In no case may the
commissioner add to the appraised value of any lot offered for sale
or exchange an amount more than the actual contract service costs of
surveying, appraising, and disposing of the lot. Subd. 1a.
Termination of leasing. Effective May 22, 1973, no new leases may
be made pursuant to subdivision 1. If substantial improvements have
been made to land leased pursuant to subdivision 1, the commissioner
must require the lessee to comply with applicable county ordinances
for management of shoreland areas and must cancel any lease for
noncompliance with these standards unless the substandard use is
authorized by the county ordinance. Subd. 2. Repealed, 1975 c
353 s 41 Subd. 3. Lease rate increases. State land
leased under subdivision 1, that have increased lease rates effective
on or after January 1, 1986, shall phase in the increased lease rates
by three equal annual increments, except that the lease rates shall
be adjusted to reflect changes in the lease rates resulting from
rules adopted under subdivision 1. Subd. 4. Road
expenditures. A county where state lands are leased under this
section, may spend money raised from the levy of property taxes for
the maintenance and upgrading of roads serving the leased property
regardless of whether the roads are part of the county highway
system.
92.461 Peat lands. Subdivision 1. Peat lands withdrawn from sale. All
lands now or hereafter owned by the state which are chiefly valuable
by reason of deposits of peat in commercial quantities are withdrawn
from sale. Subd. 2. Examination by commissioner of natural
resources. Before any state land is offered for sale the
commissioner of natural resources must examine it to determine
whether the land is chiefly valuable by reason of deposits of peat in
commercial quantities.
92.47 Repealed, 1963 c 567 s 6
92.48 Repealed, 1963 c 567 s 6
92.49 Repealed, 1963 c 567 s 6
92.50 Unsold lands subject to sale may be leased. Subdivision 1. Lease
terms. (a) The commissioner of natural resources may lease land
under the commissioner's jurisdiction and control: (1) to remove
sand, gravel, clay, rock, marl, peat, and black dirt; (2) to
store ore, waste materials from mines, or rock and tailings from ore
milling plants; (3) for roads or railroads; or (4) for other
uses consistent with the interests of the state. (b) The
commissioner shall offer the lease at public or private sale for an
amount and under terms and conditions prescribed by the commissioner.
Commercial leases for more than ten years and leases for removal of
peat that cover 320 or more acres must be approved by the Executive
Council. (c) The lease term may not exceed ten years except:
(1) leases of lands for storage sites for ore, waste materials from
mines, or rock and tailings from ore milling plants, or for the
removal of peat may not exceed a term of 25 years; (2) leases for
the use of peat lands for agricultural purposes may not exceed 21
years; and (3) leases for commercial purposes, including major
resort, convention center, or recreational area purposes, may not
exceed a term of 40 years. (d) Leases must be subject to sale
and leasing of the land for mineral purposes and contain a provision
for cancellation for just cause at any time by the commissioner upon
six months' written notice. A longer notice period, not exceeding
three years, may be provided in leases for storing ore, waste
materials from mines or rock or tailings from ore milling plants.
The commissioner may determine the terms and conditions, including
the notice period, for cancellation of a lease for the removal of
peat and commercial leases. (e) Money received from leases under
this section must be credited to the fund to which the land belongs.Subd. 2. Leases for tailings deposits. The commissioner
may grant leases and licenses to deposit tailings from any iron ore
beneficiation plant in any public lake not exceeding 160 acres in
area after holding a public hearing in the manner and under the
procedure provided in Laws 1937, chapter 468, as amended and finding
in pursuance of the hearing: (a) that such use of each lake is
necessary and in the best interests of the public; and (b) that
the proposed use will not result in pollution or sedimentation of any
outlet stream. The lease or license may not exceed a term of 25
years and must be subject to cancellation on three years' notice.
The commissioner may further restrict use of the lake to safeguard
the public interest, and may require that the lessee or licensee
acquire suitable permits or easements from the owners of lands
riparian to the lake. Money received from the leases or licenses
must be deposited in the permanent school fund.
92.501 Leasing of lands for wild rice farming. Subdivision 1. Authority
to lease. The commissioner of natural resources in consultation
with the commissioner of agriculture may, at a public or private
lease sale and at the prices and under the terms and conditions the
commissioners may prescribe, lease any state-owned lands under the
commissioner's jurisdiction and control for the purpose of farming of
wild rice. Priority must be given to lands which are accessible and
adjacent to existing wild rice production areas and requested for
leasing by wild rice producers. The term of a lease under this
section must be offered for a minimum of 20 years but may be for a
shorter period at the option of the lessee. If a lease is issued
prior to the adoption of the rules for the implementation of this
section and for a period of less than 20 years, the lease must be
converted to a minimum 20-year lease after the rules have been
adopted, at the option of the lessee. Leases must be accepted or
denied within 60 days of application. If a lease is denied, written
notice must be given stating reasons for denial. The lease rate must
be adjusted every five years to reflect market values. The money
received from the leases under this section must be credited to the
account that receives the proceeds of a sale of the land. Subd.
2. Wild rice land designation and development. The
commissioner of natural resources and the commissioner of agriculture
shall prepare a plan that designates state land for wild rice
production including an inventory of the number of acres of land
appropriate and suitable for wild rice development and leasing in
each county. Proposed mineral exploration does not exempt land from
being designated for wild rice development. Subd. 3.
Rules. The commissioner of natural resources may adopt rules to
implement this section.
92.51 Taxation; redemption; special certificate. State lands sold by the
director become taxable. A description of the tract sold, with the
name of the purchaser, must be transmitted to the proper county
auditor. The auditor must extend the land for taxation like other
land. Only the interest in the land vested by the land sale
certificate in its holder may be sold for delinquent taxes. 92.52 Renumbered 94.351
92.53 Repealed, 1969 c 9 s 95
92.54 Repealed, 1969 c 9 s 95
92.55 Repealed, 1969 c 9 s 95
92.56 Repealed, 1969 c 9 s 95
92.57 Repealed, 1969 c 9 s 95
92.59 Repealed, 1969 c 9 s 95
92.62 Repealed, 1969 c 9 s 95
92.67 Horseshoe Bay land sale. Subdivision 1. Repealed, 1986 c 449 s 6;
1991 c 219 s 6 Subd. 1a. Horseshoe Bay land sale postponed
until July 1, 1998. The sale date of December 31, 1993, listed in
subdivision 1 shall be postponed until July 1, 1998, for all state
lands located in section 16, township 62N, range 4E, Cook County.
The commissioner shall continue the existing leases until that time.
The commissioner, in conjunction with the Cook County board of
commissioners shall prepare an integrated resource management plan
and make recommendations to the legislature on the future use of the
lands in section 16, township 62N, range 4E, Cook County, by July 1,
1997. Subd. 2. Repealed, 1986 c 449 s 6; 1991 c 219 s 6
Subd. 3. Repealed, 1986 c 449 s 6; 1991 c 219 s 6 Subd. 4.
Repealed, 1986 c 449 s 6; 1991 c 219 s 6 Subd. 5. Repealed, 1986
c 449 s 6; 1991 c 219 s 6 Subd. 5a. Repealed, 1986 c 449 s 6;
1991 c 219 s 6 Subd. 6. Repealed, 1986 c 449 s 6; 1987 c 404 s
191; 1991 c 219 s 6
92.68 Repealed, 1986 c 449 s 6; 1991 c 219 s 6
92.685 Land management account. The land management account is created in the
natural resources fund. Money credited to the account is
appropriated annually to the commissioner of natural resources for
the Lands and Minerals Division to administer the road easement
program under section 84.631.

92.69 Endowment account. Subdivision 1. Proceeds of land acquisition
account. To ensure educational opportunities provided by
Minnesota scientific and natural areas as described in section 86A.05,
subdivision 5, are adequately available for present and future
generations, the proceeds received under Laws 1986, chapter 449,
sections 1 to 3 that are credited to the land acquisition account
under section 94.165
must be spent on scientific and natural areas. Subd. 2.
Account. (a) A natural areas legacy endowment account is
established in the state treasury. The commissioner of natural
resources shall accept private contributions for educational
opportunities provided by scientific and natural areas and deposit
the contributions in the account. The principal deposited in the
account shall be retained in the endowment account. (b) The
interest from the principal may be spent by the commissioner of
natural resources for the protection, management, and inventory of
lands with rare and endangered species or undisturbed plant
communities that qualify as state scientific and natural areas under
section 86A.05,
subdivision 5.
92.70 Land use trespass. Subdivision 1. Public land definition.
"Public land" means publicly owned land or interests in land
including land and interests in land that are owned by the state,
counties, or road authorities, administered by the commissioner of
natural resources, owned by the state as beds of navigable waters,
acquired as conservation easements with benefits running to the
state, a county, or the public under the conservation reserve
program, water bank program, or other state or county programs.
Subd. 2. Casual trespass. (a) A person who uses public land
for personal use or personal economic gain where the use is
prohibited is guilty of trespass and a petty misdemeanor and shall be
subject to a penalty not to exceed $50 per occurrence and is subject
to a civil penalty for twice the amount of actual damages. (b) A
person violating paragraph (a) may be issued a ticket by a sheriff,
conservation officer, or personnel of the department designated by
the commissioner. The ticket must identify the trespass, where the
trespass occurred, and the official observing the trespass. A copy
of the ticket must be sent to the public agency responsible for
managing the land. (c) The civil penalty shall be paid to the
public agency responsible for managing the public land. A civil
penalty paid to the state is appropriated to the state agency
responsible for managing the land to restore the damage and improve
state land. (d) Within 60 days after a ticket is issued, the
public agency responsible for managing the public land where the
trespass occurred must make a determination of whether a civil
penalty will be sought for the trespass and notify the person.
Subd. 3. Willful trespass. (a) A person who willfully and
knowingly uses public land for personal use or personal economic gain
where the use is prohibited is guilty of trespass and a misdemeanor
and is liable to the state or county for a civil penalty three times
the amount of the damage. (b) A person violating paragraph (a)
may be issued a ticket and summons for a court appearance. The
prosecuting authority shall prosecute the misdemeanor and shall bring
an action for the civil penalty or, on failure to do so, the attorney
general at the request of the public agency responsible for managing
the land may prosecute the misdemeanor and shall bring an action for
the civil penalty. (c) Damages must be determined as the greater
of: (1) the cost to restore the public land to the condition it
was in before the trespass occurred plus an amount to compensate the
public for the loss of use; or (2) the economic gain realized by
the person committing the trespass. (d) The civil penalty shall
be paid to the court and the court administrator shall pay: (1)
for a trespass on county land, the entire amount to the county to be
used for restoration of the trespass and county land improvement
purposes; (2) for a trespass on state land, the civil penalty to
the state agency responsible for managing the public land which is
appropriated for restoration of the trespass and state land
improvement purposes. Subd. 4. Separate actions. The
prosecution for criminal trespass and the civil penalty are separate
criminal and civil actions. If a trespass occurs, an action may be
commenced for the criminal penalty, the civil penalty, or the civil
penalty and the criminal penalty.
92.71 Direct sale to department employee prohibited. An employee of the
Department of Natural Resources is prohibited from purchasing land
owned or formerly owned by the state and administered by the
department for six months following the transfer of title from the
state to an organization or person not an employee of the department.

92.72 Payment of taxes and assessments. Subdivision 1. Cancellation of
certificate of sale. If the state acquires an interest in real
property prior to the cancellation of a certificate of sale or upon
completion of the cancellation process by advertisement or court
order, the state must make provision to pay all taxes, interests,
costs, penalties, and assessments. The commissioner of natural
resources must request the certificate of sale vendee to make a good
faith attempt to pay the debt. If the commissioner determines that
the vendee is unwilling or unable to pay the debt, the commissioner
may pay the debt and seek redress against the vendee. Subd. 2.Voluntary and involuntary reversions. (a) If a grantee on a
certificate of sale or state deed desires the state to exercise its
reversionary interest in real property, the grantee must pay all real
estate taxes, costs, interest, penalties, and assessments on the
property prior to reversion. (b) If a grantee on a certificate
of sale or state deed breaches the contractual terms of the
certificate or deed, the commissioner of natural resources must
request the grantee to make a good faith attempt to pay all real
estate taxes, costs, interest, penalties, and assessments on the
property prior to reversion. If the commissioner determines that the
grantee is unwilling or unable to pay the debt, the commissioner may
pay the debt and seek redress against the grantee.

USA Statutes : minnesota