Subdivision 1. Land protection. The obligation of the state of Minnesota to make the payments required under section 137.54 is expressly conditioned upon the university's covenant in perpetuity, subject to subdivision 3, limiting the use of the university land by the university, its successors, and assigns to the permitted university uses and the other permitted uses and forbidding the use of the university land by the university, its successors, and assigns for any of the prohibited uses. A declaration imposing those restrictions and granting to the Department of Natural Resources the right to enforce the same which has been executed by the university and filed in the Office of the Dakota County Recorder shall satisfy this condition. In furtherance of the purposes of this subdivision, the university and Department of Natural Resources shall promptly endeavor to enter into a joint powers agreement pursuant to section 471.59, or a conservation easement held by a qualified conservation organization or by a conservation easement holder as described in applicable Minnesota law embodying those restrictions, which agreement or easement shall provide for cooperative oversight of the use of the university land. Nothing in this section or in any declaration, agreement, or easement made or entered into pursuant to this section shall impair the rights of third parties under leases, easements, or use agreements in force as of May 25, 2006. Any lease or other transfer of the university land made after May 25, 2006, shall, unless otherwise agreed to by the commissioner of natural resources, be for a term that expires not later than the date the university land is conveyed as provided under subdivision 2. Any agreement between the board and the commissioner of natural resources must provide that the income received by the university from leases of the university land to third parties shall be dedicated to the operation and maintenance of the university land. Except as limited by Laws 2006, chapter 247, or by any declaration, agreement, or conservation easement made, entered into, or granted as provided in this section, the rights of the university with respect to the university land while it continues to own the land are not impaired.
Subd. 2. Land transfer. Not later than the date on which the state of Minnesota makes the last of the payments required under section 137.54, the Board of Regents of the University of Minnesota shall offer to convey the university land to the Department of Natural Resources in its "as is" condition by quitclaim deed, without warranties, for the sum of $1. The Department of Natural Resources may request conveyance of any or all of the university land offered to be conveyed and the regents shall convey the portion requested. The commissioner of natural resources may, at its option, request that the university convey all or part of the university land to another governmental unit of the state. Except as provided in this subdivision, the instrument of conveyance by the university may not limit the rights of the state with respect to the land. Any conveyance shall be subject to the perpetual right of the university to use the university land for the permitted university uses. A conveyance shall also be subject to the rights of third parties under leases, easements, and use agreements in force on May 25, 2006. The instruments of transfer shall otherwise limit the use of the university land to the other permitted uses and subject those uses to restrictions as may be provided in any agreement between the university and state or any conservation easement granted pursuant to subdivision 1, and proscribe its use for the prohibited purposes. The University of Minnesota shall have the right to enforce those limitations and restrictions. The university shall promptly endeavor and use due diligence to require the federal government to fulfill its obligations under applicable laws, including the Defense Environmental Restoration Program, United States Code, title 10, section 2701, et seq., or the Comprehensive Environmental Response Compensation and Liability Act, as amended, United States Code, title 42, section 9601, et seq., with respect to environmental contamination that occurred prior to the time the university took title to the university land. The university shall seal any abandoned wells on the land pursuant to state law.
Subd. 3. Termination of use restrictions. Unless otherwise agreed by the board and the commissioner of management and budget, in the event the state of Minnesota fails to make the total payments required by section 137.54 by July 1, 2033, the restrictions in this section on the university's use of the university land; any declaration, agreement, or conservation easement containing those restrictions; and the university's obligation to offer the university land to the state of Minnesota shall be null and void.
2006 c 247 s 2; 2009 c 101 art 2 s 109
Structure Minnesota Statutes
Chapters 135A - 137 — Postsecondary Education
Chapter 137 — University Of Minnesota
Section 137.02 — Powers And Duties Of Board Of Regents.
Section 137.021 — Acceptance Of Federal Money.
Section 137.022 — Permanent University Fund.
Section 137.0225 — University Promise Scholarship.
Section 137.0226 — Scholarship Funding Program.
Section 137.023 — University Student On Board Of Regents.
Section 137.024 — Congressional Districts Represented On Board Of Regents.
Section 137.0245 — Regent Candidate Advisory Council.
Section 137.0246 — Regent Nomination And Election.
Section 137.025 — Appropriations; Payment; Investment.
Section 137.0251 — Budgetary Information.
Section 137.0252 — Appropriation; Contract Buyout.
Section 137.027 — Appropriation; Fringe Benefits.
Section 137.028 — Biennial Budget Request; University Of Minnesota.
Section 137.04 — Library To Get Copies Of State Publications.
Section 137.09 — Board Of Regents Not To Exceed Appropriations; Penalty.
Section 137.10 — Refund Of Tuition To Students In Certain Cases.
Section 137.105 — Undergraduate Tuition Guarantee Plan.
Section 137.12 — Peace Officers; Appointment; Power Of Arrest.
Section 137.16 — Morris Branch.
Section 137.17 — Rochester Branch.
Section 137.22 — Higher Education Act Of 1965; Receipts.
Section 137.31 — Procurement From Small Businesses.
Section 137.32 — Minnesota Couples On The Brink Project.
Section 137.34 — Program Established.
Section 137.341 — Farm Safety Specialist Position.
Section 137.342 — Research Center For Agricultural Health And Safety.
Section 137.35 — Targeted Businesses.
Section 137.36 — Prompt Payment To Subcontractors.
Section 137.37 — Off-campus Sites And Centers.
Section 137.38 — Education And Training Of Primary Care Physicians.
Section 137.39 — Medical School Initiatives.
Section 137.40 — Residency And Other Initiatives.
Section 137.42 — Grants For Area Health Education Center Programs.
Section 137.43 — Substitute Physician Demonstration Project.
Section 137.44 — Health Professional Education Budget Plan.
Section 137.45 — Program For Students With Intellectual And Developmental Disabilities.
Section 137.47 — Fetal Tissue Research.
Section 137.51 — Land Protection And Transfer.
Section 137.52 — Contamination Remediation; Report.
Section 137.53 — Activities; Contracts.
Section 137.54 — Conditions For Payment To University.
Section 137.55 — Public Use Of Stadium.
Section 137.56 — Environmental Review.
Section 137.57 — No Full Faith And Credit.
Section 137.58 — Mitigation Fund.
Section 137.60 — Eminent Domain.
Section 137.63 — Biomedical Science Research Facilities Funding Program.
Section 137.64 — Conditions For Payments To University.
Section 137.65 — No Full Faith And Credit.
Section 137.66 — Minnesota Discovery, Research, And Innovation Economy Funding Program.
Section 137.67 — Minnesota Biomedicine And Bioethics Innovation Grants.