Subdivision 1. Void sales; refunds. Any sale of timber made by fraud or mistake or in violation of the provisions of this chapter shall be void, the permit issued thereon shall be of no effect, and the holder shall be required to surrender the same. In case of a sale made by mistake the amount paid shall be refunded to the permit holder, or at the request of the permit holder the commissioner may credit the refund as payment upon any other timber purchased by the permit holder. If timber has been cut on a permit which required cancellation due to error by the state, it may be sold at single stumpage rate without formalities.
Subd. 2. Refunds on final billing. The commissioner shall refund to a permit holder any amount paid on a timber sale which exceeds the value of the timber cut under that sale as determined on a final statement transmitted pursuant to section 90.181. The commissioner may credit a refund to any other permit held by the same permit holder if the permit is delinquent as provided in section 90.181, subdivision 2, and may credit a refund to any other permit to which the permit holder requests that it be credited.
Subd. 2a. Prompt payment of refunds. Any refund of cash that is due to a permit holder as determined on a final statement transmitted pursuant to section 90.181 or a refund of cash made pursuant to section 90.161, subdivision 1, shall be paid to the permit holder according to section 16A.124 unless the refund is credited on another permit as provided in this chapter.
Subd. 3. Settlement of permit obligations. When a permit holder dies or becomes permanently incapacitated, the commissioner may cancel the permit and compromise and settle the remaining obligations to the state.
Subd. 4. Damaged timber; reappraisal. When standing timber under a valid permit is damaged through fire, windstorm, flood, or other natural cause, the commissioner may reappraise the timber and modify the permit. The commissioner shall ensure that the reappraisal is in the best interest of the state and the trust.
(6394-20) 1925 c 276 s 20; 1961 c 202 s 17; 1967 c 23 s 1; 1982 c 511 s 20; 1986 c 444; 1993 c 172 s 47; 2000 c 485 s 11,12; 2013 c 114 art 4 s 55
Structure Minnesota Statutes
Section 90.02 — Citation; Statement Of Policy.
Section 90.031 — Executive Council And Commissioner Powers.
Section 90.041 — Commissioner Powers And Duties.
Section 90.045 — Appraisal Standards.
Section 90.051 — Supervising Sales; Bond.
Section 90.061 — State Appraisers.
Section 90.101 — Timber Sold At Public Auction.
Section 90.121 — Intermediate Auction Sales; Maximum Lots Of 3,000 Cords.
Section 90.14 — Auction Sale Procedure.
Section 90.145 — Purchaser Qualifications, Registration, And Requirements.
Section 90.151 — Permits To Cut And Remove Timber.
Section 90.161 — Security Deposits Required For Effective Timber Permits.
Section 90.162 — Securing Timber Permits With Cutting Blocks.
Section 90.164 — Timber Permit Development Option.
Section 90.171 — Assignment Of Auction Timber Permits.
Section 90.181 — Statement Of Timber Cut.
Section 90.191 — Informal Sales Of State Timber; Maximum Lots Of 500 Cords.
Section 90.193 — Extension Of Timber Permits.
Section 90.195 — Special Use And Product Permit.
Section 90.201 — Void Timber Sales; Refunds; Adjustment Of Sale Terms.
Section 90.211 — Purchase Money; When Forfeited.
Section 90.221 — Timber Sales Records.
Section 90.231 — Timber Sales; Marking Boundaries.
Section 90.251 — Timber Scaling.
Section 90.252 — Scaling Agreement; Weight-measurement Services; Fees.
Section 90.281 — Rescales, Recounts, And Reestimates.
Section 90.301 — Timber Trespass On State Lands; Unlawful Possession And Sale; Rewards; Records.
Section 90.311 — Possession Of Lands Contrary To Agreement; Remedies.
Section 90.321 — Prosecutions.
Section 90.41 — State Appraiser And Scaler; Violations; Penalties.
Section 90.411 — Records As Notice.
Section 90.412 — Statute Of Limitation Not Applicable; Venue Of Proceedings.