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S.F. No. 48 - State Lands
 
Author: Senator John Carlson
 
Prepared By:
 
Date: January 19, 2011



 
S.F. 48 contains the state land provisions that were in the 2010 omnibus environment and natural resources policy bill and vetoed by the Governor. None of the provisions in this bill were cited as a reason for the veto. The bill contains a number of miscellaneous provisions relating to state lands and a number of state land sales, including sales of tax-forfeited land. Most of the state land sales contained in the bill are proposed due to the need to bypass statutory restrictions on sales of state riparian lands and private sales of state lands.
 
Section 1 [Stream easements] makes technical changes to the formula for stream access easement payments to reflect the current assessment practices determined by the Department of Revenue for valuing rural land.
 
Section 2 [McCarthy Beach State Park] is a technical change, recognizing that McCarthy Beach State Park lies in both Itasca and St. Louis Counties. 
 
Section 3 [State forest boundaries] allows the Commissioner of Natural Resources to acquire land adjacent to an existing state forest. The commissioner must propose legislation to change the boundary of the state forest to encompass the added land.
 
Section 4 [Mineral reservation on forest lands acquired] allows for the acquisition of forest lands that are not subject to mineral reservation. 
 
Section 5 [Exception for riparian land in the Boundary Waters Canoe Area Wilderness (BWCAW)] allows state riparian land within the BWCAW to be exchanged for nonriparian land.
 
Section 6 [Additions to state parks] expands the boundaries of four state parks:
 
(1) Forestville Mystery Cave by 460 acres in Fillmore County;
 
(2) Judge Magney by 120 acres in Cook County;
 
(3) Split Rock Lighthouse by 80 acres in Lake County; and
 
(4) Tettegouche by 48 acres in Lake County.
 
Section 7 [Deletions from state parks] removes parcels from the boundaries of seven state parks:

            (1) Afton by 14 acres in Washington County;

            (2) Crow Wing by 80.62 acres in Crow Wing County;
 
(3) Frontenac by 1.39 acres in Goodhue County;
 
(4) Hayes Lake by 0.17 acres in Roseau County;
 
(5) McCarthy Beach by 27 acres in St. Louis and Itasca Counties;
 
(6) Maplewood by 13.71 acres in Otter Tail County; and
 
(7) Split Rock by 40 acres in Lake County.
 
Section 8 [Lyons State Forest addition] expands the boundaries of Lyons State Forest by 640 acres in Cass County. 
 
Section 9 [Lake County land exchange] requires the Commissioner of Natural Resources to compensate Lake County for tax-forfeited land that is within the boundary addition to Split Rock Lighthouse State Park.
 
Section 10 [Public sale of surplus state land for less than appraised value] allows the Commissioner of Natural Resources to sell surplus state land for not less than 75 percent of appraised value to meet requirements for anticipated savings to the general fund required by a 2005 law.
 
Sections 11 to 13, 16 to 19, 22 and 23, 27 and 28, 39 and 40 [DNR recommended land sales and exchanges] authorize the DNR to sell or exchange certain parcels of state land. 
 
Section 14 [Private sale of tax-forfeited land bordering public water; Carlton County] authorizes Carlton County to sell two parcels of tax-forfeited land bordering public water by private sale. 
 
Section 15 [Public sale of tax‑forfeited land bordering public water; Carlton County] authorizes Carlton County to sell three parcels of tax‑forfeited land bordering public water by public sale. 
 
Section 20 [Conveyance of tax‑forfeited land bordering public water; Itasca County] allows Itasca County to convey certain tax‑forfeited land bordering public water to the city of Cohasset for an amount determined by the county. If the land is not used as a public beach or other public use, the land reverts to the state. 
 
Section 21 [Private sale of tax‑forfeited land bordering public water; Mahnomen County] allows Mahnomen County to sell by private sale certain tax‑forfeited land bordering public water. 
 
Section 24 [Conveyance of state land; acquisition; Nicollet County] provides exceptions to current law to allow the Commissioner of Administration, upon recommendation of the Commissioner of Human Services, to:
 
(1) convey certain surplus land for no consideration to the city of St. Peter; and

            (2) acquire certain land for no consideration from the city of St. Peter.

 This section also allows the Commissioner of Administration to grant utility easements for no consideration on lands conveyed in the bill. 
 
Section 25 [Conveyance of state land; Olmsted County] directs the conveyance for no consideration of certain state land to the city of Oronoco for a city park. The land was conveyed in 1965 to Olmsted County for a park. The land will revert to the state and the land will then be conveyed to the city of Oronoco. 
 
Section 26 [Private sale of tax‑forfeited land; Pine County] authorizes Pine County to sell by private sale certain tax‑forfeited land. 
 
Section 29 [Private sale of tax‑forfeited land; Roseau County] authorizes Roseau County to sell by private sale certain tax‑forfeited land. 
 
Sections 30 to 38 [Private and public sales of tax‑forfeited land; St. Louis County] authorizes St. Louis County to sell certain parcels of tax‑forfeited land by private or public sale. 
 
Section 41 [Private sale of tax‑forfeited land bordering public water; Washington County] authorizes Washington County to sell by private sale or convey for no consideration five parcels of tax‑forfeited land to the U.S. Park Service. 
 
Section 42 [Private sale of tax‑forfeited land bordering public water; Washington County] authorizes Washington County to sell by private sale certain tax‑forfeited land. 
 
Section 43 [Custody of conservancy lands; Winona County] provides that custodial control is granted to the DNR for certain lands for conservation purposes. The land was owned by the Rushford Area Drainage and Conservancy District in Winona County and is now owned by the state after the drainage and conservancy district laws were repealed in Laws 1987, chapter 239, section 140.
  
Section 44 [Effective date] makes sections 10 to 43 effective the day following final enactment.
 
GK:dv
 
 
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