Bill Text: MN SF25 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Itasca county tax-forfeited lands pilot land exchange process creation
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2011-01-13 - Referred to Environment and Natural Resources [SF25 Detail]
Download: Minnesota-2011-SF25-Introduced.html
1.2relating to state lands; creating a pilot land exchange process for tax-forfeited
1.3lands in Itasca County.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. PILOT TAX-FORFEITED LAND EXCHANGE PROCESS; ITASCA
1.6COUNTY.
1.7 Subdivision 1. Purpose and scope. Until December 31, 2016, this section applies to
1.8exchanges of tax-forfeited land in Itasca County. Notwithstanding Minnesota Statutes,
1.9sections 94.342 to 94.3495, exchanges of tax-forfeited land in Itasca County shall be
1.10conducted as provided in this section.
1.11 Subd. 2. Valuation of land. (a) The value of all land shall be determined by the
1.12Itasca County Board. To determine the value of the land, the parties to the exchange may
1.13cause the land to be appraised, utilize the valuation process provided under Minnesota
1.14Statutes, section 84.0272, subdivision 3, or obtain a market analysis from a qualified
1.15real estate broker. Merchantable timber value must be determined and considered in
1.16finalizing valuation of the lands.
1.17(b) All lands exchanged under this section shall be exchanged only for lands of at
1.18least substantially equal value. For the purposes of this subdivision, "substantially equal
1.19value" has the meaning given under Minnesota Statutes, section 94.343, subdivision 3,
1.20paragraph (b).
1.21 Subd. 3. Title. Title to the land must be examined to the extent necessary for
1.22the parties to determine that the title is good, with any encumbrances identified. Title
1.23examination and approval of the land shall be undertaken as a condition of exchange
1.24of land for tax-forfeited land in Itasca County. The county attorney shall examine one
2.1or more title reports or title insurance commitments prepared or underwritten by a title
2.2insurer licensed to conduct title insurance business in this state, regardless of whether
2.3abstracts were created or updated in the preparation of the title reports or commitments.
2.4The opinion of the county attorney, and approval by the attorney general, shall be based on
2.5those title reports or commitments. The parties to the exchange may utilize title insurance
2.6to aid in the determination.
2.7 Subd. 4. Approval by Land Exchange Board. All land exchanges under this
2.8section, and the terms and conditions of the exchanges, require the unanimous approval of
2.9the Land Exchange Board.
2.10 Subd. 5. Conveyance. (a) When tax-forfeited land in Itasca County is given in
2.11exchange for other land, the deed to the other land shall first be delivered to the county
2.12auditor. Following the recording of the deed, the commissioner of revenue shall deliver
2.13the deed conveying the tax-forfeited land.
2.14(b) All deeds shall be recorded or registered with Itasca County.
2.15 Subd. 6. Reversionary interest; mineral and water power rights and other
2.16reservations. (a) All deeds conveying tax-forfeited land given in an exchange under this
2.17section shall include a reverter that provides that title to the land automatically reverts
2.18to tax-forfeited status if:
2.19(1) the receiving entity sells, exchanges, or otherwise transfers title of the land
2.20within 40 years of the date of the deed conveying ownership; and
2.21(2) there is no prior written approval for the transfer from the Itasca County Board.
2.22(b) Tax-forfeited land given in exchange is subject to the reservation provisions of
2.23Minnesota Statutes, section 94.344, subdivision 4.
2.24 Subd. 7. Land status. Land received in exchange for tax-forfeited land is subject to
2.25a trust in favor of the governmental subdivision wherein it lies and all laws relating to
2.26tax-forfeited land.
2.27EFFECTIVE DATE.This section is effective the day after compliance with
2.28Minnesota Statutes, section 645.021, subdivision 3, by the governing body of Itasca
2.29County.
1.3lands in Itasca County.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. PILOT TAX-FORFEITED LAND EXCHANGE PROCESS; ITASCA
1.6COUNTY.
1.7 Subdivision 1. Purpose and scope. Until December 31, 2016, this section applies to
1.8exchanges of tax-forfeited land in Itasca County. Notwithstanding Minnesota Statutes,
1.9sections 94.342 to 94.3495, exchanges of tax-forfeited land in Itasca County shall be
1.10conducted as provided in this section.
1.11 Subd. 2. Valuation of land. (a) The value of all land shall be determined by the
1.12Itasca County Board. To determine the value of the land, the parties to the exchange may
1.13cause the land to be appraised, utilize the valuation process provided under Minnesota
1.14Statutes, section 84.0272, subdivision 3, or obtain a market analysis from a qualified
1.15real estate broker. Merchantable timber value must be determined and considered in
1.16finalizing valuation of the lands.
1.17(b) All lands exchanged under this section shall be exchanged only for lands of at
1.18least substantially equal value. For the purposes of this subdivision, "substantially equal
1.19value" has the meaning given under Minnesota Statutes, section 94.343, subdivision 3,
1.20paragraph (b).
1.21 Subd. 3. Title. Title to the land must be examined to the extent necessary for
1.22the parties to determine that the title is good, with any encumbrances identified. Title
1.23examination and approval of the land shall be undertaken as a condition of exchange
1.24of land for tax-forfeited land in Itasca County. The county attorney shall examine one
2.1or more title reports or title insurance commitments prepared or underwritten by a title
2.2insurer licensed to conduct title insurance business in this state, regardless of whether
2.3abstracts were created or updated in the preparation of the title reports or commitments.
2.4The opinion of the county attorney, and approval by the attorney general, shall be based on
2.5those title reports or commitments. The parties to the exchange may utilize title insurance
2.6to aid in the determination.
2.7 Subd. 4. Approval by Land Exchange Board. All land exchanges under this
2.8section, and the terms and conditions of the exchanges, require the unanimous approval of
2.9the Land Exchange Board.
2.10 Subd. 5. Conveyance. (a) When tax-forfeited land in Itasca County is given in
2.11exchange for other land, the deed to the other land shall first be delivered to the county
2.12auditor. Following the recording of the deed, the commissioner of revenue shall deliver
2.13the deed conveying the tax-forfeited land.
2.14(b) All deeds shall be recorded or registered with Itasca County.
2.15 Subd. 6. Reversionary interest; mineral and water power rights and other
2.16reservations. (a) All deeds conveying tax-forfeited land given in an exchange under this
2.17section shall include a reverter that provides that title to the land automatically reverts
2.18to tax-forfeited status if:
2.19(1) the receiving entity sells, exchanges, or otherwise transfers title of the land
2.20within 40 years of the date of the deed conveying ownership; and
2.21(2) there is no prior written approval for the transfer from the Itasca County Board.
2.22(b) Tax-forfeited land given in exchange is subject to the reservation provisions of
2.23Minnesota Statutes, section 94.344, subdivision 4.
2.24 Subd. 7. Land status. Land received in exchange for tax-forfeited land is subject to
2.25a trust in favor of the governmental subdivision wherein it lies and all laws relating to
2.26tax-forfeited land.
2.27EFFECTIVE DATE.This section is effective the day after compliance with
2.28Minnesota Statutes, section 645.021, subdivision 3, by the governing body of Itasca
2.29County.
