OVERVIEW
A lease is a temporary encumbrance granted for five-year period for a specific purpose. Other lease terms require prior County Board approval. In addition to the requirements set forth by the Land and Minerals Department, all applicable county ordinances, state and federal statutes, laws, rules, and guidelines shall be followed. Land and Minerals staff will guide you to the correct office to satisfy these requirements.
Leases are subject to review for compliance and must be renewed to remain in effect. A field inspection will take place prior to renewal.
A lease is also subject to property taxes per MN Statute 273.19 and MN Statute 272.01 Subd. 2.
Process for requesting encumbrances (leases):
- Contact the appropriate office according to the location of the proposed lease.
- Fill out the Application for Lease on State Tax-Forfeited Land.
- Include a map or sketch showing dimensions and location of proposed lease with your application.
- You may be contacted to set up a field examination, during which Land and Minerals staff will discuss options that enhance, improve, or alter the request. This may include selection of a route or area that is best for the long-term management of the State tax-forfeited lands.
- After the field examination, you will be notified of a preliminary decision. If the Department proceeds with your application, you will be provided with instructions regarding the next steps.
Note:
Road Plan - The Land and Minerals Department may require road design and/or construction criteria necessary for sustainable access. Field inspections by Land and Minerals staff may occur to ensure that the encumbrance is established in accordance with Land and Minerals Department requirements.
Wetlands - If wetlands are involved, wetland delineation may be required. You will be required to obtain approvals and/or permits from the appropriate agencies for wetland mitigation or purchase wetland credits.
Segmented Lease - If the proposed lease is segmented and will not connect your ownership to a public road, provide documentation of easement, lease, or other authorization for the remaining land being crossed. For example: If there is private land that must be crossed before the State tax-forfeited portion - access must be secured from the private ownership before the Land and Minerals Department can issue a lease document.
Property Information, Parcel Identification Numbers (PIN), Legal Descriptions - can be located through County Land Explorer on the St. Louis County website.
Utilities - May NOT be placed on State tax-forfeited trust lands without a utility license to cross Public lands. Please refer to MN Statute 84.415.
Application Processing
Once all documentation has been obtained, the lease will be prepared and reviewed by the Land and Minerals Department, other applicable departments, the Attorney’s office, and then sent to the County Board for review and approval.
Payment is due before the lease can be executed. If the lease requires recording, the Land and Minerals Department will finalize a document that satisfies the requirements of the St. Louis County Recorder/Registrar of Titles. A recording fee may be applied.
Once executed, the applicant may then proceed with use or construction of the lease. Applicant has three years to complete any new construction.