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)
Actions
| Date | Chamber | Where | Type | Name | Committee Name |
|---|---|---|---|---|---|
| January 16, 2025 | Senate | Action | Introduction and first reading | ||
| January 16, 2025 | Senate | Action | Referred to | Environment, Climate, and Legacy | |
| January 30, 2025 | Senate | Action | Authors added |
Progress through the legislative process
In Committee