Guidelines for implementation of county sale, exchange, or transfer of tax forfeit lands (MN Statutes Section 282.018, subd 2, and 103F.535)
State lands offered for sale, transfer or exchange that contain wetlands or nonforested marginal lands must be withdrawn from sale unless a restrictive covenant is placed on the deed that prevents these lands from being enrolled in a state-funded program that provides compensation to landowners for conservation of these lands.
Soil and Water Conservation Districts (SWCDs) may make wetland and nonforested marginal land determinations for their counties, when requested.
Steps in the process to determine the presence of wetlands and/or nonforested marginal lands and notifying prospective purchasers:
- The county with tax forfeit land to sell, exchange or transfer determines that it is saleable and not legally exempt by statute.
- For all non-exempt parcels, the county requests a determination of the existence of wetlands or marginal nonforested lands from the SWCD or county land commissioner on the parcel to be sold.
- The SWCD or county land commissioner completes the determination using the Notice To Prospective Purchasers/Owners Of State Land. This notice provides the required information to aid in the determination if a deed restriction is needed.
- The SWCD or county land commissioner returns the completed and signed notice to the county.
- The county includes the completed form in the file for each non-exempt land parcel to be sold.
- The county completes the list of sale parcels for Department of Natural Resources (DNR) approval.
- The county receives DNR approval.
- The county holds the sale of tax forfeit lands.
- For each parcel sold, the county submits a completed Department of Revenue (DoR) certification form.
- DoR completes the deed for the parcels sold that contains the deed restriction language.