Subdivision 1. Easements. (a) Authority. Except where the authority conferred by this section has been imposed on some other state or county office, the commissioner may grant an easement or permit over, under, or across any land owned by the state for public purposes, including but not limited to, access, road, street, mass transit, telecommunication, flood protection, or utility purposes. This authority does not apply to land under the jurisdiction of the commissioner of natural resources or land obtained for trunk highway purposes.
(b) Notice of revocation. An easement or permit is revocable by written notice given by the commissioner if at any time its continuance will conflict with a public use of the land over, under, or upon which it is granted, or for any other reason. The notice must be in writing and is effective 90 days after the notice is sent by certified mail to the last known address of the record holder of the easement. If the address of the holder of the easement or permit is not known, it expires 90 days after the notice is recorded in the office of the county recorder of the county in which the land is located. Upon revocation of an easement, the commissioner may allow a reasonable time for the easement holder to vacate the premises affected. Notwithstanding the foregoing, the commissioner may grant to a state agency or political subdivision a permanent easement for the construction, operation, and maintenance of publicly owned infrastructure as described in paragraph (a), to have and to hold for as long as the easement area is used in accordance with the terms and conditions of the easement. If a permanent easement ceases to be used for the purposes stated in the easement or in accordance with its terms and conditions, the easement may be revoked by a written notice given by the commissioner in accordance with this paragraph.
(c) Easement runs with land. State land subject to an easement or permit granted by the commissioner remains subject to sale or lease, and the sale or lease does not revoke the permit or easement granted.
Subd. 2. Land controlled by other agencies. If the easement or permit involves land under the jurisdiction of an agency other than the Department of Administration, it is subject to the approval of the head of the agency and is subject to revocation by the commissioner as provided in this section, on request of the head of the agency.
Subd. 3. Application. An application for easement or permit under this section must include: a legal description of the land affected; a map showing the area affected by the easement or permit; and a detailed design of any structures to be placed on the land. The commissioner may require that the application be in another form and include other descriptions, maps, or designs. The commissioner may at any time order changes or modifications respecting construction or maintenance of structures or other conditions of the easement which the commissioner finds necessary to protect the public health and safety.
Subd. 4. Form; duration. The easement or permit must be in a form prescribed by the attorney general and must describe the location of the easement granted. The easement or permit continues until revoked by the commissioner, subject to change or modification as provided in this section.
Subd. 5. Consideration; terms. The commissioner may prescribe consideration and conditions for granting an easement or permit. Money received by the state under this section must be credited to the fund to which income or proceeds of sale from the land would be credited, if provision for the sale is made by law. Otherwise, it must be credited to the general fund.
1984 c 544 s 31; 2010 c 189 s 32
Structure Minnesota Statutes
Chapters 16A - 16E — Administration And Finance
Chapter 16B — Department Of Administration
Section 16B.02 — Department Of Administration.
Section 16B.03 — Appointments.
Section 16B.05 — Delegation By Commissioner.
Section 16B.052 — Authority To Transfer Funds.
Section 16B.054 — Developmental Disabilities.
Section 16B.055 — Lead Agency.
Section 16B.24 — General Authority.
Section 16B.2405 — Capitol Building Powers And Duties.
Section 16B.2406 — Capitol Area Building Account To Address Health, Life Safety, And Security Needs.
Section 16B.241 — Coordinated Facility Planning.
Section 16B.242 — Enterprise Real Property Account.
Section 16B.2421 — Bird-safe Buildings.
Section 16B.245 — Inventory Of State-owned Land.
Section 16B.25 — Lost Property On State Lands.
Section 16B.26 — Utility Companies, Permits To Cross State-owned Lands.
Section 16B.27 — Governor's Residence.
Section 16B.275 — Capitol Area Cafeterias.
Section 16B.276 — Capitol Flag Program.
Section 16B.281 — Sale And Disposition Of Surplus State-owned Land.
Section 16B.282 — Surveys, Appraisals, And Sale.
Section 16B.283 — Terms Of Payment.
Section 16B.284 — Quitclaim Deed.
Section 16B.286 — Reservation Of Minerals.
Section 16B.287 — Disposition Of Proceeds From Surplus State-owned Land.
Section 16B.296 — Transfer Of Real Property.
Section 16B.297 — Acquisition Of Real Property.
Section 16B.2975 — Surplus Property Acquisition, Distribution, And Disposal.
Section 16B.298 — Surplus Property.
Section 16B.30 — General Authority.
Section 16B.305 — Capital Budget Requests.
Section 16B.307 — Asset Preservation Appropriations.
Section 16B.31 — Commissioner Must Approve Plans.
Section 16B.321 — Definitions.
Section 16B.322 — State Energy Improvement Financing Program.
Section 16B.323 — Solar Energy In State Buildings.
Section 16B.325 — Sustainable Building Guidelines.
Section 16B.326 — Heating And Cooling Systems; State-funded Buildings.
Section 16B.327 — Recycling Construction And Demolition Waste From State Buildings; Requirement.
Section 16B.328 — Outdoor Lighting Fixtures Model Ordinance.
Section 16B.33 — Designer Selection Board.
Section 16B.335 — Review Of Plans And Projects.
Section 16B.34 — Inmate Labor.
Section 16B.35 — Art In State Buildings.
Section 16B.355 — Cooperative Local Facilities Grants.
Section 16B.36 — Investigations.
Section 16B.37 — Reorganization Of Agencies.
Section 16B.371 — Assistance To Small Agencies.
Section 16B.38 — Dissolved Or Suspended Agencies.
Section 16B.39 — Programs For State Employees.
Section 16B.45 — Function Of Legislative Auditor.
Section 16B.48 — General Services Revolving Funds.
Section 16B.4805 — Accommodation Reimbursement.
Section 16B.481 — Fees For Training And Maintenance.
Section 16B.4821 — Provision Of Materials And Services To Mnscu.
Section 16B.485 — Interfund Loans.
Section 16B.49 — Central Mailing System.
Section 16B.495 — Hazard Identification And Accident Prevention.
Section 16B.51 — Agency Reports.
Section 16B.53 — Sale Of Laws And Resolutions.
Section 16B.531 — Travel Services.
Section 16B.54 — Enterprise Fleet; Establishment.
Section 16B.55 — Use Of State Vehicles; Compensation For Use Of Personal Vehicles.
Section 16B.56 — Commuter Vans; Use By State Employees And Spouses And Others.
Section 16B.57 — Gasoline And Petroleum Products, Source Of Supply For Agencies.
Section 16B.58 — State Parking Facilities.
Section 16B.581 — Distinctive Tax-exempt License Plates.
Section 16B.85 — Risk Management.
Section 16B.86 — State Building Energy Conservation Improvement Revolving Loan Account.
Section 16B.87 — Award And Repayment Of State Building Energy Improvement Conservation Loans.
Section 16B.875 — Review By Commissioner Of Administration.
Section 16B.97 — Grants Management.