Subdivision 1. Right of entry. In all cases where state lands have been heretofore or may hereafter be sold pursuant to the provisions of law upon which minerals have been reserved, the holder of any mineral lease subsequently issued thereon may nevertheless enter upon the lands and prospect on the lands under the lease.
Subd. 2. Security for damages; condemnation. Before entering upon lands described in subdivision 1, the lease holder shall pay or secure to the owner of the lands all damages which may arise therefrom and the same may be determined either by mutual agreement or, if the interested parties cannot agree, then the holder of the mineral lease may, in the name of the state of Minnesota, institute proceedings to condemn the same according to chapter 117; provided, that the state shall bear no part of the cost of these proceedings, nor pay any part of the damages awarded in the proceedings.
Subd. 3. Attorney general to institute condemnation. (a) Upon written request of the holder of any mineral lease from the state, not in default, with the approval of the commissioner of natural resources, the attorney general shall institute, in the name of the state, proceedings to acquire by condemnation any lands, rights-of-way, drainage or flowage rights, easements or other interests necessary in connection with prospecting for or mining the ore covered by the lease. All costs and expenses of the proceedings and all damages awarded therein shall be paid by the holder of the lease.
(b) In any eminent domain proceedings under this section, any value which the land taken may have by reason of its location or availability for the depositing of stripping, tailings or other wastes from general mining operations in its vicinity, or for the erection of buildings or structures thereon in connection with such operations, shall be considered in determining the damages to be awarded the owner of the land.
(6399, 6400) 1907 c 411 s 1,2; 1949 c 593 s 1; 1969 c 1129 art 10 s 2; 1986 c 444; 2000 c 495 s 9
Structure Minnesota Statutes
Chapters 92 - 94 — Lands And Minerals
Section 93.001 — Policy For Mineral Development.
Section 93.0015 — Mineral Coordinating Committee.
Section 93.003 — Iron Mining; Conditions.
Section 93.01 — Reservation Of Minerals And Water Powers.
Section 93.02 — Instruments Transferring Interest; Reservation.
Section 93.03 — Patent Under Land Grant To Railroad; Reservation.
Section 93.04 — Disposition Of Minerals Reserved.
Section 93.05 — Holder Of Lease.
Section 93.055 — Action To Quiet Title To Lands Covered By Mineral Lease.
Section 93.06 — Reservation Of Minerals Under Navigable Lakes.
Section 93.14 — Leases To Prospect For Ores.
Section 93.15 — Mining Units; Designation.
Section 93.16 — Leases; Sale And Notice.
Section 93.17 — Application For Leases; Bids; Awards.
Section 93.171 — Eligibility And Performance.
Section 93.1925 — Negotiated Leases.
Section 93.193 — Taconite Iron Ore Mining Lease; Extension.
Section 93.20 — Form Of Lease; Required Content; Modification.
Section 93.201 — Royalties For Taconite Concentrates.
Section 93.21 — Execution Of Lease.
Section 93.22 — Disposition Of Payments.
Section 93.222 — Taconite Iron Ore Special Advance Royalty Account.
Section 93.2235 — Taconite Mining Grants; Appropriations.
Section 93.2236 — Minerals Management Account.
Section 93.245 — Mining Minerals Other Than Iron Ore.
Section 93.25 — Ores Other Than Iron; Leases.
Section 93.26 — Leases To Be Filed.
Section 93.27 — Assignments, Agreements, Or Contracts Affecting Leases; Filing.
Section 93.28 — Approval Of Instruments.
Section 93.285 — Stockpiled Iron Ore.
Section 93.33 — Leasing Surface Of Land.
Section 93.335 — Lands Held In Trust; Mineral Rights Only; Mineral Rights Acquired Under Tax Laws.
Section 93.34 — Draining Public Waters.
Section 93.41 — State-owned Iron-bearing Materials.
Section 93.43 — Leases To Nonferrous Metallic Minerals Producers.
Section 93.44 — Declaration Of Policy.
Section 93.45 — Iron Range Trail.
Section 93.461 — Peat Included In Mine Land Reclamation.
Section 93.47 — Duties And Authority Of Commissioner.
Section 93.481 — Permit To Mine.
Section 93.482 — Reclamation Fees.
Section 93.483 — Contested Case.
Section 93.49 — Financial Assurance Of Operator.
Section 93.51 — Penalties For Violation.
Section 93.515 — Oil And Gas Wells; Rules Relating To Spacing, Pooling, And Unitization.
Section 93.52 — Ownership Of Severed Mineral Interests.
Section 93.55 — Forfeiture Of Severed Mineral Interest.
Section 93.551 — Validation Of Certain Statements; Correction Of Certain Errors.