A bill for an act
relating to state lands; modifying fee provisions for certain state land transfers;
adding land to state parks; authorizing sales and conveyances of certain surplus
state lands; deauthorizing Upper Sioux Agency State Park; appropriating money;
amending Minnesota Statutes 2022, sections 85.015, subdivision 1b; 94.343,
subdivision 8a; 94.3495, by adding a subdivision; repealing Minnesota Statutes
2022, section 85.012, subdivisions 27b, 58.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2022, section 85.015, subdivision 1b, is amended to read:
(a) Notwithstanding section 16A.695,
except as provided in paragraph (b), when a trail is established under this section, a private
property owner who has a preexisting right of ingress and egress over the trail right-of-way
is granted, without charge, a permanent easement for ingress and egress purposes only. The
easement is limited to the preexisting crossing and reverts to the state upon abandonment.
Nothing in this subdivision is intended to diminish or alter any written or recorded easement
that existed before the state acquired the land for the trail.
(b) The commissioner of natural resources shall assess the applicant an application fee
of $2,000 for reviewing the application and preparing the easement. The applicant shall pay
the application fee to the commissioner of natural resources. The commissioner shall not
issue the easement until the applicant has paid the application fee in full. The commissioner
shall not return the application fee, even if the application is withdrawn or denied.
(c) Money received under paragraph (b) must be credited to the land management account
in the natural resources fund and is appropriated to the commissioner of natural resources
to cover the reasonable costs incurred under this section.
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(d) Notwithstanding paragraphs (a) to (c), the commissioner of natural resources may
elect to assume the application fee under paragraph (b) if the commissioner determines that
issuing the easement will benefit the state's land management interests.
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Minnesota Statutes 2022, section 94.343, subdivision 8a, is amended to read:
(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 deleted text begin 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.deleted text end new text begin fees of not less
than one-half of the costs incurred by the commissioner for valuation expenses; survey
expenses; legal and professional fees; costs of title work, advertising, and public hearings;
transactional staff costs; and closing costs.
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(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.
Minnesota Statutes 2022, section 94.3495, is amended by adding a subdivision to
read:
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(a) When a governmental unit presents to the commissioner an offer to
exchange publicly held land under this section, the governmental unit must pay to the
commissioner fees of not less than one-half of the costs incurred by the commissioner for
valuation expenses; survey expenses; legal and professional fees; costs of title work,
advertising, and public hearings; transactional staff costs; and closing costs.
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(b) Except as provided in paragraph (c), any payment made under paragraph (a) must
be credited to the account from which the expenses are paid and is appropriated to the
commissioner for expenditure in the same manner as other money in the account.
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(c) The fees must be refunded if the land exchange offer is withdrawn by the
governmental unit before the money is obligated to be spent.
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The following
area is added to Banning State Park: the Northwest Quarter of the Northwest Quarter of
Section 22, Township 42 North, Range 20 West, Pine County, Minnesota.
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The
following areas are added to Father Hennepin State Park, all in Mille Lacs County,
Minnesota:
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(1) the Southwest Quarter of the Southwest Quarter of Section 3, Township 42, Range
25;
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(2) the Southwest Quarter of the Southeast Quarter of Section 4, Township 42, Range
25; and
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(3) the Southeast Quarter of the Southeast Quarter of Section 4, Township 42, Range
25.
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Those parts
of Section 20, Township 101 North, Range 14 West, Mower County, Minnesota, described
as follows are added to Lake Louise State Park:
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(1) the West Half of the South Half of the Southwest Quarter of the Northeast Quarter;
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(2) the West 3/4ths of the North Half of the Southwest Quarter of the Northeast Quarter
EXCEPT that portion that lies north and east of the county road; and
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(3) the Northwest Quarter of the Northwest Quarter of the Southeast Quarter EXCEPT
the south 334.98 feet of the west 411.24 feet thereof.
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Hill-Annex Mine State Park is abolished.
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Upper Sioux Agency State Park is abolished and its lands transferred according
to Laws 2023, chapter 60, article 4, section 97.
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(a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural
resources may sell by public sale the surplus land bordering public water that is described
in paragraph (c).
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(b) The commissioner may make necessary changes to the legal description to correct
errors and ensure accuracy.
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(c) The land that may be sold is located in Chisago County and is described as:
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All that part of Government Lot 1, Section 23, and all that part of Government Lot 1,
Section 24, Township 33 North, Range 21 West of the 4th Principal Meridian bounded by
the following described lines: commencing at the northeast corner of said Section 23; thence
South 00 degrees 00 minutes West, 1,831.3 feet on and along the east line of said Section
23 to the point of beginning; thence South 38 degrees 27 minutes East, 70.0 feet; thence
South 11 degrees 58 minutes West, 330.0 feet; thence South 76 degrees 59 minutes West,
286.9 feet; thence South 45 degrees 33 minutes West, 167.4 feet; thence North 73 degrees
20 minutes West, 231.8 feet; thence North 59 degrees 33 minutes West, 420.7 feet; thence
North 30 degrees 17 minutes East, 327.6 feet; thence North 64 degrees 19 minutes East,
360.4 feet; thence South 87 degrees 03 minutes East, 197.8 feet; thence South 65 degrees
09 minutes East, 354.3 feet and to the point of beginning. Including all riparian rights to
the contained 11.5 acres, more or less, and subject to all existing road easements. Together
with that particular channel easement as described in Document #119723, on file and of
record in the Office of the Recorder, Chisago County, Minnesota, with said easement being
stated in said document as a perpetual easement to construct and maintain a channel over
and across the area described in Document #119723 as a strip of land 75 feet wide in
Government Lot 1 of Section 24, Township 33 North, Range 21 West of the 4th Principal
Meridian, bounded by the water's edge of Green Lake and the following described lines:
commencing at the northwest corner of said Section 24; thence South 00 degrees 00 minutes
West, 1,831.3 feet on and along the west line of said section; thence South 38 degrees 27
minutes East, 70.0 feet; thence South 11 degrees 58 minutes West, 58.9 feet to a point on
the centerline of said strip of land and the point of beginning; thence South 11 degrees 58
minutes West, 40.4 feet; thence North 80 de