HF4222

Purpose

This bill makes changes to how the state buys and handles land, adds and removes some land from certain state parks, and allows the sale or transfer of surplus state land that borders public water to private owners or tribes in specific counties. It also updates rules for valuing land and easements and adds new types of land access for habitat, fishing, and recreation.

Key Provisions

• Acquisition procedures for state lands

  • The Department of Natural Resources (DNR) must prepare a fact sheet, show why the land should be acquired, have an appraisal done, and have the appraiser take an oath to be fair and not have conflicts of interest.
  • The state may pay less than the appraised value, but generally may not pay more than 10% above the appraised value. If the state pays less, the difference can be used to help with other purchases that cost more than their appraised value.
  • A rule about how the combined differences between appraised values and actual purchases are tracked is updated (the aggregate of differences is limited in one direction by the other).

• Stream easements and landscape value rules

  • The bill allows the state to acquire permanent stream easements for angler access, fish management, habitat work, and related access easements with a one-time payment.
  • The payment formula uses:
  • a per-linear-foot rate for the stream,
  • the easement corridor acres, and
  • the access corridor acres times estimated market value.
  • Estimated market value is linked to three value categories (agricultural market value, rural vacant market value, and managed forest market value) based on data from the Department of Revenue, with adjustments if the Department changes its property type groups.
  • The commissioner must periodically review these easement payments to reflect current shoreland market values and report suggested changes to the Legislature if needed.

• Access easement for native prairie

  • The commissioner may acquire easements to access native prairie lands and may pay up to 50% of the standard payment rate for these easements.

Additions to and Deletions from State Parks (Sec. 4-5)

• Additions

  • Frontenac State Park (Goodhue County): adds a portion of land from the Villa Maria Addition.
  • Great River Bluffs State Park (Winona County): adds the West Half of the Southeast Quarter of a specific section.

• Deletions

  • Mille Lacs Kathio State Park (Mille Lacs County): removes a specific described piece of land near U.S. Highway 169 that borders the park.

Surplus Land Sales and Conveyances (Sec. 6-10)

• Becker County: Public sale of surplus land bordering public water (Rossman Lake area)

  • The DNR may sell by public sale a described parcel bordering Rossman Lake and return it to private ownership if the land is no longer needed for natural resources.
  • The sale may include adjustments to the legal description to fix errors.

• Mille Lacs County: Private sale of surplus land bordering public water

  • The DNR may privately sell surplus land bordering public water to a federally recognized Indian Tribe (subject to keeping existing access and dam easements if the state chooses to reserve them).
  • The land must not be sold for less than its appraised value, and the buyer must reimburse the DNR for costs of making the property saleable and selling it.
  • The described land borders Mille Lacs Lake and includes an identified parcel that is being considered for conveyance to a tribe.

• Otter Tail County: Private sale of surplus land bordering public water

  • The DNR may privately sell surplus land bordering public water in Otter Tail County, with the same flexibility to adjust the legal description and ensure accuracy.
  • The land described borders East Battle Lake and is not needed for natural resource purposes, so it should be returned to private ownership.

• Pine County: Private conveyance of surplus land bordering public water

  • The DNR may privately convey the surplus land (no payment required) to a private landowner, but must reserve an access easement for public use.
  • The land borders the Grindstone River and is described to help ensure continued public access; the land must revert to the state if the private owner stops providing the public use or otherwise breaches the conveyance terms.
  • The private owner must reimburse the DNR for costs and staff time involved in making the sale.

• Wabasha County: Private conveyance to the city of Elgin

  • The DNR may convey surplus land bordering public water to the city of Elgin for no consideration, with a requirement that the land be used for nonmotorized public recreation and public fishing access.
  • The conveyance includes a reversion provision if the city fails to provide the agreed public use or abandons it, and the city must reimburse the DNR’s costs.

Administrative and Oversight Aspects

• The bill outlines specific procedures for appraisals, value determination, and periodic reviews of payment rates.
• It assigns responsibility to the commissioner of natural resources for monitoring and reporting on changes needed to reflect current market values.
• It introduces a framework for converting surplus state land to private ownership when it serves public use interests or when not needed for resource purposes, with protections like reversion and cost reimbursement.

Effects and Implications

• More land may be acquired for conservation, habitat work, and stream access, with clear valuation and payment rules.
• Some park lands are expanded, while a portion of Mille Lacs Kathio State Park is removed.
• A number of surplus lands bordering public water in Becker, Mille Lacs, Otter Tail, Pine, and Wabasha counties may be transferred or sold, including options to sell to a federally recognized Indian Tribe or to a city, with conditions to protect public access and ensure proper use.
• Public access rights (especially for streams, rivers, and shorelines) are reinforced through easements and reversion clauses.

Relevant Terms - commissioner of natural resources - appraiser and oath - appraised value; less than appraised; more than appraised; accumulated differences - permanent stream easements; angler access; habitat work; easement corridor; access corridor - estimated market value; agricultural market value; rural vacant market value; managed forest market value - Department of Revenue; spring mini abstract survey - shoreland market values - Frontenac State Park; Great River Bluffs State Park - Mille Lacs Kathio State Park - Becker County; Rossman Lake - Mille Lacs County; Mille Lacs Lake - Otter Tail County; Rainbow Lodge; East Battle Lake - Pine County; Grindstone River - Wabasha County; Elgin - private sale; public sale; surplus land; land conveyance - federally recognized Indian Tribe - reversion clause; public use requirement - land description corrections; legal description updates