SF238 (Legislative Session 94 (2025-2026))

Legislative approval requirement for certain sales, transfers, or other conveyances of state-owned land

AI Generated Summary

Purpose

  • Establish legislative oversight for the sale, transfer, or conveyance of state-owned real property. Specifically, require lawmaking bodies to authorize disposals of land above certain size thresholds.

Main Provisions

  • Adds a new subdivision (Subd. 7) to Minnesota Statutes 2024 section 94.09.
  • Prohibition on large land deals:
    • The commissioner of natural resources may not sell, transfer, or convey state real property in excess of 100 acres unless authorized by law.
    • For land in excess of 1,000 acres, authorization must be by a law adopted with a three-fifths vote of members in each house of the legislature.
  • Legislative authorization rules:
    • A law that merely grants general authority to the commissioner to sell or convey land, without specifying the particular property, does not meet the required authorization.
  • Leasing exception:
    • The subdivision does not prohibit leasing state land.
  • Definitions:
    • “Real property belonging to the state” includes any tract, lot, parcel, or group of contiguous tracts/lots/parcels owned by the state.
  • Notwithstanding language:
    • The phrase “Notwithstanding any other provision of law” indicates the new requirements apply despite other laws or rules.

Implications and Changes to Law

  • Introduces explicit, property-specific legislative approval for large state land transactions.
  • Elevates the authorization threshold for large land deals to a supermajority (three-fifths) vote in both houses for land over 1,000 acres.
  • Requires property-by-property authorization rather than broad, general sales authority to be effective.
  • Maintains the ability to lease state land, preserving a tool for renting rather than selling.

Definitions and Scope

  • Clarifies what counts as “real property belonging to the state” for purposes of this rule.
  • Ensures the term covers individual tracts, lots, parcels, or contiguous groups of land owned by the state.

Relevant Terms - Notwithstanding any other provision of law - commissioner of natural resources - real property belonging to the state - sale - transfer - conveyance - land/real property - 100 acres - 1,000 acres - law - three-fifths - each house of the legislature - legislative approval - lease of real property - Minnesota Statutes 2024 section 94.09 - Subd. 7 (Legislative approval)

Bill text versions

Actions

DateChamberWhereTypeNameCommittee Name
January 16, 2025SenateActionIntroduction and first reading
January 16, 2025SenateActionReferred toEnvironment, Climate, and Legacy
January 30, 2025SenateActionAuthors added

Progress through the legislative process

17%
In Committee
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