Public Lands in Minnesota

1. Public Lands in Minnesota

2. A Production Spectrum coercion • Public records

3. A Production Spectrum Public Private – Under coercion • Regulation - fines, confiscation, imprisonment • Financial Incentive • taxation – income, property, excise • loans, grants • Risk assumption – mortgages • Public Infrastructure - construction – water treatment, sewers, roads, schools, airports and airways, waterways, recreation areas • Collecting and disseminating statistics - public records - others coercion • Public records

4. A Production Spectrum Public Private – Under coercion • Regulation - fines, confiscation, imprisonment • Financial Incentive • taxation – income, property, excise • loans, grants • Risk assumption – mortgages • Public Infrastructure - construction – water treatment, sewers, roads, schools, airports and airways, waterways, recreation areas • Collecting and disseminating statistics - public records - others coercion • Public records • Landscapes are the product of “shared” endeavors between governments and the “private” sector (I’d call them a product of socialism but ….)

6. Federal Constitutional Provisions • Article 1 Section 8 • To provide for the common defense and general welfare of the United States • To establish post offices and post roads • To exercise exclusive legislation …. over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings

7. Federal Constitutional Provisions • Article 1 Section 8 • To provide for the common defense and general welfare of the United States • To establish post offices and post roads • To exercise exclusive legislation …. over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings • Federal courts’ interpretation • CRS Annotated Constitution (Legal Information Institute)

8. State Statutory provisions • Minnesota Statutes c.1 Sovereignty • 1.042 The consent of the State of Minnesota is given in accordance with the Constitution of the United States, Article I, Section 8, Clause 17, to the acquisition by the United States in any manner of any land or right or interest in land in this state required for sites …. • State courts’ interpretation • LexisNexis Academic • <Source Directory> choose <Find> • Keyword <Dunnell Minnesota Digest>

9. Jurisdictional Issues over Public Lands

10. Jurisdictional Issues over Public Lands • Nowhere comprehensively compiled

11. Federal-State Jurisdiction • The jurisdiction of the United States … is concurrent with and subject to the jurisdiction and right of the state to cause its civil and criminal process to be executed there, to punish offenses against its laws committed there, and to protect, regulate, control, and dispose of any property of the state there (Minnesota Statutes 1.041)

12. Federal-State Jurisdiction • The state reserves the right to impose the following taxes • an income tax on persons residing on the land or place or receiving income from transactions occurring there • a sales or use tax levied on or measured by sales, receipts from sales, purchases, storage, or use of tangible personal property there • a tax on personal property situated there or used there except personal property owned by the United States or by law exempt from taxation • a tax on the use of real property there by a private individual, association, or corporation (Minnesota Statutes 1.041)

13. Federal public land policyFederal public land policy

14. State-owned Land in United States

15. State-owned Land in United States • Public State • Alaska 89% 29% • Nevada 81 1 • Utah 70 7 • Idaho 67 5 • Wyoming 55 6 • Arizona 54 12 • California 42 2 • New Mexico 41 4 • Colorado 40 11 • Minnesota 18 11

16. Current Managers • Department of Natural Resources 5,275,534 acres (10% state’s surface) • Department of Transportation 242,496 • Department of Military Affairs 52,838 • Boards of County Commissioners 2,800,020 • Total 8,415,574

17. Current Management by DNR

18. 800,000 acres outside any management unit • Severed mineral estate ca 1 million acres • 4.9 million acres of lakes • 7.5 millions acres of wetlands • 92,000 miles of rivers and streams

19. State Parks

20. State Forests

21. Wildlife Management Areas

22. Historical Status of Public Lands • Lands the state has always owned

23. Historical Status of Public Lands • Lands the state has always owned - lands conveyed to the state by the federal government that were never conveyed to individuals or corporations

24. Historical Status of Public Lands • Lands the state has always owned - lands conveyed to the state by the federal government that were never conveyed to individuals or corporations • never found valuable by individuals or corporations before reservation policy or never offered to individuals or corporations before reservation policy • The state hereby reserves for its own use all the iron, coal, copper, gold, and other valuable minerals, and all water powers in or upon all lands which now or hereafter may belong to it by virtue of any act of Congress. This reservation shall not apply to lands granted or contracted to be conveyed by the United States or by this state to aid in the construction of any railroad(Minnesota Statutes 93.01)

25. Historical Status of Public Lands • Lands acquired by the state from individuals and corporations after reservation policy

26. Historical Status of Public Lands • Lands acquired by the state from individuals and corporations after reservation policy • acquired voluntarily - purchased, exchanged, or donated

27. Historical Status of Public Lands • Lands acquired by the state from individuals and corporations after reservation policy • acquired voluntarily - purchased, exchanged, or donated • acquired involuntarily – tax forfeited, condemned, or confiscated

28. Legal Status of Public Lands

29. Federal Conveyances

30. Federal Conveyances • Conveyed by Federal Government • Grand Total  1,144,380,000 • Conveyed to States • Schools 77,630,000 • Swampland 64,920,000 • Railroads 37,130,000 • Other institutions  21,700,000 • Miscellaneous 117,600,000 • Canals and rivers 6,100,000 • Wagon roads 3,400,000 • Total to States  328,480,000 (28.7%)

33. Important Issues • Constitutional Rights to Hunt and Fish • Usufructuary Rights of American Indian bands • Mineral Rights • Privacy Rights of Hunters and Anglers • Methods of Financing Land Management • Lessard Outdoor Heritage Council • Natural Resource Land (Office of the Legislative Auditor, 2010)

34. The Dynamic of State-owned Lands • The lands owned by the state are not accidents of history

35. The Dynamic of State-owned Lands • The lands owned by the state are not accidents of history • They reflect the decisions that we, collectively, have made to produce particular goods and to provide particular services

36. The Dynamic of State-owned Lands • The lands owned by the state are not accidents of history • They reflect the decisions that we, collectively, have made to produce particular goods and to provide particular services • from public lands rather than from privately-owned lands

37. The Dynamic of State-owned Lands • The lands owned by the state are not accidents of history • They reflect the decisions that we, collectively, have made to produce particular goods and to provide particular services • from public lands rather than from privately-owned lands • from land owned by the state government rather than land owned by the federal government

38. Commercial Timberland in Minnesota

39. The Dynamics of Public Lands

40. Dynamics of State Lands

41. Minnesota’s Outdoor Recreation System, which includes virtually all of the lands managed by the DNR, is the outcome of a continuing debate, starting in 1891, about the role and responsibility of the state legislature in providing outdoor recreation opportunities on lands owned by the state government • to reserve land already owned • to delegate the necessary authority for managing • to appropriate the funds necessary to manage

42. Minnesota’s Outdoor Recreation System, which includes virtually all of the lands managed by the DNR, is the outcome of a continuing debate, starting in 1891, about the role and responsibility of the state legislature in providing outdoor recreation opportunities on lands owned by the state government • to reserve land already owned • to delegate the necessary authority for managing • to appropriate the funds necessary to manage • to acquire additional land • to delegate the necessary authority for acquiring • to appropriate the funds necessary to acquire

43. Outcome of the debate has led to a Mix of Surface Ownership Interests

44. Two Case Studies

45. Boundary Waters Canoe Area Wilderness • Approximately 1.09 million acres within the Superior National Forest • Established and management dictated by • The Wilderness Act of 1964 • The Boundary Waters Canoe Area Wilderness Act of 1978 • The Boundary Waters Canoe Area Wilderness Act of 1978: Regulating Nonfederal Property under the Property Clause

46. Boundary Waters Canoe Area Wilderness • Approximately 1.09 million acres within the Superior National Forest • Established and management dictated by • The Wilderness Act of 1964 • The Boundary Waters Canoe Area Wilderness Act of 1978 • The Boundary Waters Canoe Area Wilderness Act of 1978: Regulating Nonfederal Property under the Property Clause • State Owned Surface 122,247 acres • Trust Fund 93,260 acres • Tax Forfeit 10,513 acres • Acquired 18,450 acres • Severed Minerals

47. Voyageurs National Park • Consent of the state of Minnesota given to the United States acquiring lands lying within the boundaries of Voyageurs National Park • in any manner authorized by act of Congress • for any purpose incident to the development and maintenance of the park • subject to concurrent jurisdiction of the state and the United States • State legislation "will, therefore, promote the health and welfare of the citizens of the state of Minnesota" (Minnesota Statutes 84B.01 subd. 3)

48. Voyageurs National Park • “All lands ... lying within the boundaries of Voyageurs National Park are withdrawn from the Kabetogama State Forest” (Minnesota Statutes 84B.02) • "Notwithstanding the provisions of any other law to the contrary" the governor shall convey to the United States of America the state's interest in all of the following lands lying within the boundaries of Voyageurs National Park” (Minnesota Statutes 84B.03) • Trust fund lands • Lands forfeited to the state for nonpayment of taxes and held in trust by the state for the taxing district • Other lands acquired or otherwise owned by the state

49. Trust Fund Land (Minnesota Statutes 84B.03 subd. 2) To satisfy the public sale requirements of the Minnesota Constitution and in keeping with the decision of the Minnesota Supreme Court in the case of Independent School District of Virginia v. State, 124 Minn. 271 (1914) The Commissioner of Administration • shall acquire, by condemnation, fee title to all trust fund lands lying within the boundaries of Voyageurs National Park • shall not condemn the interests of any person holding a lease, license, or permit from the state in the lands condemned

50. Tax-Forfeited Land • The commissioner of administration shall also acquire fee title, free from any trust or other encumbrance, to all land lying within the boundaries of Voyageurs National Park, the title to which has vested or may vest in the state due to nonpayment of taxes and expiration of the period for redemption, after the giving of notice thereof as provided by law, and is held by the state pursuant to section 281.25, in trust for the respective taxing districts interested in the taxes, assessments, penalties, interest, and costs accrued against the land at the time of expiration of the period of redemption (Minnesota Statutes 84B.03 subd. 3)