| 1 | 1 | | 1.1 A bill for an act |
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| 2 | 2 | | 1.2 relating to state lands; modifying certain tax-forfeited land sale requirements; |
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| 3 | 3 | | 1.3 amending Minnesota Statutes 2024, sections 85.012, subdivision 1; 282.01, |
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| 4 | 4 | | 1.4 subdivision 3; 282.011, subdivision 1; 282.018, subdivision 1; 282.02; 459.06, |
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| 5 | 5 | | 1.5 subdivision 3. |
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| 6 | 6 | | 1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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| 7 | 7 | | 1.7 Section 1. Minnesota Statutes 2024, section 85.012, subdivision 1, is amended to read: |
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| 8 | 8 | | 1.8 Subdivision 1.State parks generally.(a) State parks established and confirmed as state |
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| 9 | 9 | | 1.9parks together with the counties in which they are situated are listed in this section and shall |
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| 10 | 10 | | 1.10be named as indicated in this section. |
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| 11 | 11 | | 1.11 (b) The lands described in the session laws establishing or changing the boundaries of |
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| 12 | 12 | | 1.12each state park are included in the state parks so established or changed. The commissioner |
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| 13 | 13 | | 1.13of natural resources is authorized to acquire by gift or purchase the lands as described. Any |
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| 14 | 14 | | 1.14land which now is or hereafter becomes tax-forfeited land and is located within the described |
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| 15 | 15 | | 1.15park boundaries is hereby withdrawn from sale and is transferred from the custody, control, |
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| 16 | 16 | | 1.16and supervision of the county board of the county to the commissioner of natural resources, |
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| 17 | 17 | | 1.17free from any trust in favor of the interested taxing districts. The commissioner shall execute |
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| 18 | 18 | | 1.18a certificate of acceptance of the lands on behalf of the state for such purposes and transmit |
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| 19 | 19 | | 1.19the same to the county auditor of the county for record as provided by law in the case of |
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| 20 | 20 | | 1.20tax-forfeited land transferred to the commissioner by resolution of the county board for |
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| 21 | 21 | | 1.21conservation purposes. Any lands within the described boundaries which may be owned by |
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| 22 | 22 | | 1.22the United States and managed by any of its agents may be acquired by land exchange, |
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| 23 | 23 | | 1.23direct transfer, or purchase as federal laws may prescribe. The lands acquired pursuant to |
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| 24 | 24 | | 1Section 1. |
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| 25 | 25 | | 25-00922 as introduced12/05/24 REVISOR CKM/DG |
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| 26 | 26 | | SENATE |
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| 27 | 27 | | STATE OF MINNESOTA |
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| 28 | 28 | | S.F. No. 28NINETY-FOURTH SESSION |
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| 29 | 29 | | (SENATE AUTHORS: GREEN) |
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| 30 | 30 | | OFFICIAL STATUSD-PGDATE |
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| 31 | 31 | | Introduction and first reading01/16/2025 |
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| 32 | 32 | | Referred to Environment, Climate, and Legacy 2.1any session laws establishing or changing the boundaries of a state park shall be administered |
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| 33 | 33 | | 2.2in the manner provided for state parks and shall be perpetually dedicated for such use. |
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| 34 | 34 | | 2.3 Sec. 2. Minnesota Statutes 2024, section 282.01, subdivision 3, is amended to read: |
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| 35 | 35 | | 2.4 Subd. 3.Nonconservation lands; appraisal and sale.(a) All parcels of land classified |
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| 36 | 36 | | 2.5as nonconservation, except those which may be reserved, shall be sold as provided, if it is |
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| 37 | 37 | | 2.6determined, by the county board of the county in which the parcels lie, that it is advisable |
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| 38 | 38 | | 2.7to do so, having in mind their accessibility, their proximity to existing public improvements, |
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| 39 | 39 | | 2.8and the effect of their sale and occupancy on the public burdens. Any parcels of land proposed |
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| 40 | 40 | | 2.9to be sold shall be first appraised by the county board of the county in which the parcels |
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| 41 | 41 | | 2.10lie. The parcels may be reappraised whenever the county board deems it necessary to carry |
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| 42 | 42 | | 2.11out the intent of sections 282.01 to 282.13. |
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| 43 | 43 | | 2.12 (b) In an appraisal, the value of the land and any standing timber on it shall may be |
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| 44 | 44 | | 2.13separately determined. No parcel of land containing any standing timber may be sold until |
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| 45 | 45 | | 2.14the appraised value of the timber on it and the sale of the land have been approved by the |
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| 46 | 46 | | 2.15commissioner of natural resources county board. The commissioner shall base review of a |
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| 47 | 47 | | 2.16proposed sale on the policy and considerations specified in subdivision 1. The decision of |
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| 48 | 48 | | 2.17the commissioner shall be in writing and shall state the reasons for it. The commissioner's |
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| 49 | 49 | | 2.18decision is exempt from the rulemaking provisions of chapter 14 and section 14.386 does |
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| 50 | 50 | | 2.19not apply. The county may appeal the decision of the commissioner in accordance with |
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| 51 | 51 | | 2.20chapter 14. |
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| 52 | 52 | | 2.21 (c) In any county in which a state forest or any part of it is located, the county auditor |
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| 53 | 53 | | 2.22shall submit to the commissioner at least 60 days before the first publication of the list of |
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| 54 | 54 | | 2.23lands to be offered for sale a list of all lands included on the list which are situated outside |
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| 55 | 55 | | 2.24of any incorporated municipality. If, at any time before the opening of the sale, the |
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| 56 | 56 | | 2.25commissioner notifies the county auditor in writing that there is standing timber on any |
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| 57 | 57 | | 2.26parcel of land, the parcel shall not be sold unless the requirements of this section respecting |
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| 58 | 58 | | 2.27the separate appraisal of the timber and the approval of the appraisal by the commissioner |
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| 59 | 59 | | 2.28have been complied with. The commissioner may waive the requirement of the 60-day |
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| 60 | 60 | | 2.29notice as to any parcel of land which has been examined and the timber value approved as |
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| 61 | 61 | | 2.30required by this section. |
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| 62 | 62 | | 2.31 (d) (c) If any public improvement is made by a municipality after any parcel of land has |
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| 63 | 63 | | 2.32been forfeited to the state for the nonpayment of taxes, and the improvement is assessed in |
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| 64 | 64 | | 2.33whole or in part against the property benefited by it, the clerk of the municipality shall |
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| 65 | 65 | | 2.34certify to the county auditor, immediately upon the determination of the assessments for |
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| 66 | 66 | | 2Sec. 2. |
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| 67 | 67 | | 25-00922 as introduced12/05/24 REVISOR CKM/DG 3.1the improvement, the total amount that would have been assessed against the parcel of land |
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| 68 | 68 | | 3.2if it had been subject to assessment; or if the public improvement is made, petitioned for, |
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| 69 | 69 | | 3.3ordered in or assessed, whether the improvement is completed in whole or in part, at any |
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| 70 | 70 | | 3.4time between the appraisal and the sale of the parcel of land, the cost of the improvement |
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| 71 | 71 | | 3.5shall be included as a separate item and added to the appraised value of the parcel of land |
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| 72 | 72 | | 3.6at the time it is sold. No sale of a parcel of land shall discharge or free the parcel of land |
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| 73 | 73 | | 3.7from lien for the special benefit conferred upon it by reason of the public improvement until |
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| 74 | 74 | | 3.8the cost of it, including penalties, if any, is paid. The county board shall determine through |
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| 75 | 75 | | 3.9an appraisal the amount, if any, by which the value of the parcel was enhanced by the |
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| 76 | 76 | | 3.10improvement and include the amount as a separate item in fixing the appraised value for |
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| 77 | 77 | | 3.11the purpose of sale. |
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| 78 | 78 | | 3.12 Sec. 3. Minnesota Statutes 2024, section 282.011, subdivision 1, is amended to read: |
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| 79 | 79 | | 3.13 Subdivision 1.Classification, sale, procedures and conditions.Any lands which have |
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| 80 | 80 | | 3.14become the absolute property of the state through forfeiture for nonpayment of taxes and |
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| 81 | 81 | | 3.15which have been classified by the county board as conservation lands under the provisions |
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| 82 | 82 | | 3.16of section 282.01, or have been classified as nonagricultural lands under the provisions of |
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| 83 | 83 | | 3.17section 282.14, or any such lands which shall hereafter be so classified, may be designated |
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| 84 | 84 | | 3.18by the county board of the county in which such lands lie, by resolution duly adopted, as |
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| 85 | 85 | | 3.19appropriate and primarily suitable for either specific conservation purposes or for auxiliary |
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| 86 | 86 | | 3.20forest lands. Any resolution so adopted, together with a list of the lands involved shall be |
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| 87 | 87 | | 3.21forwarded to the commissioner of natural resources who shall promptly approve or disapprove |
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| 88 | 88 | | 3.22the whole or any part thereof. The commissioner shall thereupon make a certificate showing |
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| 89 | 89 | | 3.23the lands approved, transmit the same to the county auditor who shall record the same. |
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| 90 | 90 | | 3.24Lands so designated and so approved shall thereupon be appraised and the whole, or any |
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| 91 | 91 | | 3.25part thereof, may be offered for sale and sold in the same manner as provided for the sale |
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| 92 | 92 | | 3.26of lands classified as nonconservation lands under section 282.01, or as agricultural lands |
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| 93 | 93 | | 3.27under section 282.14, as the case may be, according to the status of such lands upon forfeiture. |
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| 94 | 94 | | 3.28The right to a deed of conveyance to such property accorded the purchaser at any such sale |
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| 95 | 95 | | 3.29shall may be conditioned upon the lands being placed in an auxiliary forest or used for |
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| 96 | 96 | | 3.30designated conservation purposes as designated by the resolution of the county board. |
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| 97 | 97 | | 3.31 Sec. 4. Minnesota Statutes 2024, section 282.018, subdivision 1, is amended to read: |
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| 98 | 98 | | 3.32 Subdivision 1.Land on or adjacent to public waters.(a) All land which that is the |
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| 99 | 99 | | 3.33property of the state as a result of forfeiture to the state for nonpayment of taxes, regardless |
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| 100 | 100 | | 3.34of whether the land is held in trust for taxing districts, and which that borders on or is |
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| 101 | 101 | | 3Sec. 4. |
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| 102 | 102 | | 25-00922 as introduced12/05/24 REVISOR CKM/DG 4.1adjacent to meandered lakes and other public waters and watercourses, and the live timber |
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| 103 | 103 | | 4.2growing or being thereon, is hereby withdrawn from sale may be sold, except as hereinafter |
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| 104 | 104 | | 4.3provided, if the authority having jurisdiction over the land determines that it is in the public |
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| 105 | 105 | | 4.4interest to do so. The authority having jurisdiction over the timber on any of these lands |
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| 106 | 106 | | 4.5may sell the timber as otherwise provided by law for cutting and removal under the conditions |
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| 107 | 107 | | 4.6as the authority may prescribe in accordance with approved, sustained yield forestry practices. |
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| 108 | 108 | | 4.7The authority having jurisdiction over the timber shall may reserve the timber and impose |
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| 109 | 109 | | 4.8the conditions as the authority deems necessary for the protection of watersheds, wildlife |
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| 110 | 110 | | 4.9habitat, shorelines, and scenic features. Within the area in Cook, Lake, and St. Louis counties |
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| 111 | 111 | | 4.10described in the Act of Congress approved July 10, 1930 (46 Stat. 1020), the timber on |
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| 112 | 112 | | 4.11tax-forfeited lands shall be subject to like restrictions as are now imposed by that act on |
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| 113 | 113 | | 4.12federal lands. |
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| 114 | 114 | | 4.13 (b) Of all tax-forfeited land bordering on or adjacent to meandered lakes and other public |
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| 115 | 115 | | 4.14waters and watercourses and so withdrawn from sale, a strip two rods in width, the ordinary |
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| 116 | 116 | | 4.15high-water mark being the waterside boundary thereof, and the land side boundary thereof |
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| 117 | 117 | | 4.16being a line drawn parallel to the ordinary high-water mark and two rods distant landward |
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| 118 | 118 | | 4.17therefrom, hereby is may be reserved for public travel thereon, and whatever the conformation |
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| 119 | 119 | | 4.18of the shore line or conditions require, the authority having jurisdiction over these lands |
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| 120 | 120 | | 4.19shall may reserve a wider strip for these purposes. |
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| 121 | 121 | | 4.20 (c) Any tract or parcel of land which has 150 feet or less of waterfront may be sold by |
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| 122 | 122 | | 4.21the authority having jurisdiction over the land, in the manner otherwise provided by law |
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| 123 | 123 | | 4.22for the sale of the lands, if the authority determines that it is in the public interest to do so. |
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| 124 | 124 | | 4.23Any tract or parcel of land within a plat of record bordering on or adjacent to meandered |
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| 125 | 125 | | 4.24lakes and other public waters and watercourses may be sold by the authority having |
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| 126 | 126 | | 4.25jurisdiction over the land, in the manner otherwise provided by law for the sale of the lands, |
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| 127 | 127 | | 4.26if the authority determines that it is in the public interest to do so. If the authority having |
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| 128 | 128 | | 4.27jurisdiction over the land is not the commissioner of natural resources, the land may not be |
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| 129 | 129 | | 4.28offered for sale without the prior approval of the commissioner of natural resources. |
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| 130 | 130 | | 4.29 (d) Where the authority having jurisdiction over lands withdrawn from sale under this |
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| 131 | 131 | | 4.30section is not the commissioner of natural resources, the authority may submit proposals |
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| 132 | 132 | | 4.31for disposition of the lands to the commissioner. The commissioner of natural resources |
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| 133 | 133 | | 4.32shall evaluate the lands and their public benefits and make recommendations on the proposed |
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| 134 | 134 | | 4.33dispositions to the committees of the legislature with jurisdiction over natural resources. |
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| 135 | 135 | | 4.34The commissioner shall include any recommendations of the commissioner for disposition |
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| 136 | 136 | | 4.35of lands withdrawn from sale under this section over which the commissioner has jurisdiction. |
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| 137 | 137 | | 4Sec. 4. |
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| 138 | 138 | | 25-00922 as introduced12/05/24 REVISOR CKM/DG 5.1The commissioner's recommendations may include a public sale, sale to a private party, |
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| 139 | 139 | | 5.2acquisition by the Department of Natural Resources for public purposes, or a cooperative |
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| 140 | 140 | | 5.3management agreement with, or transfer to, another unit of government. |
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| 141 | 141 | | 5.4 (e) Notwithstanding this subdivision, a county may sell property governed by this section |
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| 142 | 142 | | 5.5upon written authorization from the commissioner of natural resources. Prior to the sale or |
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| 143 | 143 | | 5.6conveyance of lands under this subdivision, the county board must give notice of its intent |
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| 144 | 144 | | 5.7to meet for that purpose as provided in section 282.01, subdivision 1. |
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| 145 | 145 | | 5.8 Sec. 5. Minnesota Statutes 2024, section 282.02, is amended to read: |
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| 146 | 146 | | 5.9 282.02 LIST OF LANDS FOR SALE; NOTICE; ONLINE AUCTIONS |
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| 147 | 147 | | 5.10PERMITTED. |
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| 148 | 148 | | 5.11 (a) Immediately after classification and appraisal of the land, and after approval by the |
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| 149 | 149 | | 5.12commissioner of natural resources when required pursuant to section 282.01, subdivision |
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| 150 | 150 | | 5.133, the county board shall provide and file with the county auditor a list of parcels of land to |
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| 151 | 151 | | 5.14be offered for sale. This list shall contain a description of the parcels of land and the appraised |
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| 152 | 152 | | 5.15value thereof. The auditor shall publish a notice of the intended public sale of such parcels |
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| 153 | 153 | | 5.16of land and a copy of the resolution of the county board fixing the terms of the sale, if other |
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| 154 | 154 | | 5.17than for cash only, by publication once a week for two weeks in the official newspaper of |
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| 155 | 155 | | 5.18the county, the last publication to be not less than ten days previous to the commencement |
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| 156 | 156 | | 5.19of the sale. |
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| 157 | 157 | | 5.20 (b) The notice shall include the parcel's description and appraised value. The notice shall |
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| 158 | 158 | | 5.21also indicate the amount of any special assessments which may be the subject of a |
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| 159 | 159 | | 5.22reassessment or new assessment or which may result in the imposition of a fee or charge |
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| 160 | 160 | | 5.23pursuant to sections 429.071, subdivision 4, 435.23, and 444.076. The county auditor shall |
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| 161 | 161 | | 5.24also mail notice to the owners of land adjoining the parcel to be sold. For purposes of this |
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| 162 | 162 | | 5.25section, "owner" means the taxpayer as listed in the records of the county auditor. |
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| 163 | 163 | | 5.26 (c) If the county board determines that the sale shall take place in a county facility other |
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| 164 | 164 | | 5.27than the courthouse, the notice shall specify the facility and its location. If the county board |
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| 165 | 165 | | 5.28determines that the sale shall take place as an online auction under section 282.01, subdivision |
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| 166 | 166 | | 5.2913, the notice shall specify the auction website and the date of the auction. |
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| 167 | 167 | | 5.30 (d) A county board may require one or more of the parcels of land listed for sale to be |
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| 168 | 168 | | 5.31subject to taxation by prohibiting an individual or entity with tax-exempt status from |
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| 169 | 169 | | 5.32purchasing the property. The notice of intended sale for a parcel with this prohibition must |
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| 170 | 170 | | 5.33state that the prohibition applies to the parcel. |
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| 171 | 171 | | 5Sec. 5. |
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| 172 | 172 | | 25-00922 as introduced12/05/24 REVISOR CKM/DG 6.1 Sec. 6. Minnesota Statutes 2024, section 459.06, subdivision 3, is amended to read: |
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| 173 | 173 | | 6.2 Subd. 3.Withdrawal of tax-forfeited lands.Any tax-forfeited land which has been |
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| 174 | 174 | | 6.3included in a memorial forest established in any county under the provisions of subdivision |
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| 175 | 175 | | 6.42, and which is found more suitable for other purposes may by resolution of the county |
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| 176 | 176 | | 6.5board be withdrawn from the forest for disposal as tax-forfeited land if the commissioner |
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| 177 | 177 | | 6.6of natural resources approves the sale of such land. |
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| 178 | 178 | | 6Sec. 6. |
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| 179 | 179 | | 25-00922 as introduced12/05/24 REVISOR CKM/DG |
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