Minnesota Statutes 103G.521 – Transfer of Authority Over State Dams
Subdivision 1.Application.
(a) Upon application by resolution of the governing body of a political subdivision authorized to maintain and operate dams or other control structures affecting public waters, the commissioner, with the approval of the Executive Council, may transfer to the political subdivision the custody of a dam or other control structures owned by the state and under the supervision or control of the commissioner if the commissioner determines that the transfer will promote the best interests of the public. The transfer must be made by order of the commissioner on the terms and conditions the commissioner sets for maintenance and operation of the project.
Terms Used In Minnesota Statutes 103G.521
- Commissioner: means the commissioner of natural resources. See Minnesota Statutes 103G.005
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Political subdivision: means a county, city, town, school district, or other local government jurisdiction to which the state provides state aids or on which the state imposes state mandates. See Minnesota Statutes 103G.005
- Project: means a specific plan, contiguous activity, proposal, or design necessary to accomplish a goal as defined by the local government unit. See Minnesota Statutes 103G.005
- Public waters: means :
(1) water basins assigned a shoreland management classification by the commissioner under sections 103F. See Minnesota Statutes 103G.005
- state: extends to and includes the District of Columbia and the several territories. See Minnesota Statutes 645.44
(b) In connection with the transfer, the commissioner may convey land, easements, or other state property pertaining to the project to the transferee by deed or another appropriate instrument in the name of the state, subject to conditions and reservations prescribed by the commissioner. A duplicate of each order, conveyance, or other instrument executed by the commissioner in connection with a transfer must be filed with the commissioner of management and budget.
Subd. 2.Payment.
A transfer may be made with or without payment of money to the state, as agreed upon between the commissioner and the transferee. If a payment is received as part of the transfer, the amount must be deposited into the state treasury and credited to the general fund.