Minnesota Statutes 103F.535 – Reservation of Marginal Land and Wetlands
Subdivision 1.Reservation of marginal land and wetlands.
(a) Marginal land and wetlands are withdrawn from sale or exchange unless:
Terms Used In Minnesota Statutes 103F.535
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Wetlands: means lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. See Minnesota Statutes 645.44
(1) notice of the existence of the nonforested marginal land or wetlands, in a form prescribed by the Board of Water and Soil Resources, is provided to prospective purchasers; and
(2) the deed contains a restrictive covenant, in a form prescribed by the Board of Water and Soil Resources, that precludes enrollment of the land in a state-funded program providing compensation for conservation of marginal land or wetlands.
(b) This section does not apply to transfers of land by the Board of Water and Soil Resources to correct errors in legal descriptions under section 103F.515, subdivision 8, or to transfers by the commissioner of natural resources for:
(1) land that is currently in nonagricultural commercial use if a restrictive covenant would interfere with the commercial use;
(2) land in platted subdivisions;
(3) conveyances of land to correct errors in legal descriptions under section 84.0273;
(4) exchanges of nonagricultural land with the federal government, or exchanges of class A, class B, and riparian nonagricultural land with local units of government under sections 94.342, 94.343, and 94.344;
(5) land transferred to political subdivisions for public purposes under sections 84.027, subdivision 10, and 94.10; and
(6) land not needed for trail purposes that is sold to adjacent property owners and lease holders under section 85.015, subdivision 1, paragraph (b).
(c) This section does not apply to transfers of land by the commissioner of administration or transportation or by the Minnesota Housing Finance Agency, or to transfers of tax-forfeited land under chapter 282 if:
(1) the land is in platted subdivisions; or
(2) the conveyance is a transfer to correct errors in legal descriptions.
(d) This section does not apply to transfers of land by the commissioner of administration or by the Minnesota Housing Finance Agency for:
(1) land that is currently in nonagricultural commercial use if a restrictive covenant would interfere with the commercial use; or
(2) land transferred to political subdivisions for public purposes under sections 84.027, subdivision 10, and 94.10.
Subd. 2.
[Repealed, 1992 c 502 s 7; 1992 c 561 s 10]
Subd. 3.
[Repealed, 1992 c 502 s 7; 1992 c 561 s 10]
Subd. 4.
[Repealed, 1992 c 561 s 10]
Subd. 5.Altering conservation easements.
Conservation easements may be altered, released, or terminated by the board after consultation with the commissioners of agriculture and natural resources. The board may alter, release, or terminate a conservation easement only if the board determines that the public interest and general welfare are better served by the alteration, release, or termination.