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A Geographical Text (A)ny landscape is an artifact - an object made by man. Its condition, rightly seen, reveals a society's culture as directly as does a novel or a newspaper or a Fourth of July oration because today's environment, the "natural part" included, is synthetic

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a geographical text
A Geographical Text
  • (A)ny landscape is an artifact - an object made by man. Its condition, rightly seen, reveals a society's culture as directly as does a novel or a newspaper or a Fourth of July oration because today's environment, the "natural part" included, is synthetic
  • Our human landscape is our unwitting autobiography, reflecting our tastes, or aspirations, and even our fears, in tangible, visible form.... All our cultural warts and blemishes are there, and our glories too; but above all, our ordinary day-to-day qualities are exhibited for anybody who wants to find them and knows how to look for them
personal approach
Personal Approach

Legal - focused on how governments influence land ownership and use

land ownership in minnesota
Land Ownership in Minnesota
  • Land Area 51.2 million acres
  • Water Area 2.6 million acres
timber production
Timber Production

U S Forest Service

Minnesota DNR Division of Forestry

St. Louis County Land Department

Timber Investment Management Organizations

how should we produce wetlands
How should we produce wetlands?
  • Wetlands (EPA)
  • National Wetlands Inventory (US Fish and Wildlife Service)
  • Wetlands Regulation Center (Environmental Technical Services Co.)
  • Wetlands (Minnesota DNR)
  • Wetlands (Minnesota Statutes)
  • Wetland Conservation (Board of Water and Soil Resources)
public lands local governments
Public Lands – Local Governments
  • Dakota County Parks
  • Minneapolis Park and Recreation Board
  • Metropolitan Council - Parks
voyageurs national park
Voyageurs National Park
  • 219,000 acres on the US border
  • 80,000 acres of water
  • 36th national park
  • Created January 8 1971
  • Land Ownership in the Proposed Park
  • Federal Land 25,808 acres
  • Private Land 78,786
  • State Land 34,445
  • Trust Fund Land 24,807
  • Tax Forfeited Land 6,144
  • Acquired Land 5,415
public law 91 661 84 stat 1970
Public Law 91-661 (84 Stat. 1970)
  • Secretary of the Interior authorized to publish notice in the Federal Register when he “deems sufficient interests in the land and waters have been acquired” to appropriately administer the area as a park
  • Could not establish the park or expend $26 million appropriated until Minnesota had donated 34,000 acres of state-owned land with the park boundaries
  • Secretary Rogers B. Morton announced the park established April 8, 1975 (40 FR 15921)
  • National Park Service Site
  • Voyageurs National Park Association
  • Snowmobile Restrictions in Voyageurs NP
  • The Political Geography of National Parks (Pacific History Review 2004)
minnesota laws 1971 c 852 minnesota statutes c 84b
Minnesota Laws 1971 c.852Minnesota Statutes c.84B
  • Consented to the federal government acquiring land for a national park but retained concurrent jurisdiction over the lands
  • Removed land from the Kabetogama State Forest
  • Authorized the Governor to convey title to the federal government
  • Trust fund lands
  • Tax-forfeited lands
  • Acquired lands
  • 1971-1975 the state described, appraised, and financed the conveyances
state imposed encumbrances to federal title
State Imposed Encumbrances to Federal Title
  • Reversionary clause if the park not established within 5 years
  • Restriction on the use of the land
  • Reservation of mineral and water power right
  • Covenant not to exercise those rights
  • Subject to interests of individuals with state licenses, permits, and leases
voyageurs national park16
Voyageurs National Park
  • October 1975 US Forest Service transferred control of 25, 290 acres to National Park Service
jurisdiction
Jurisdiction
  • Minnesota Statutes 84B.061 (Laws 1995 c.124)
  • Minnesota Statutes 1.045  (Laws 1995 c.124)
boundary waters canoe area wilderness
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
  • State Owned Surface 122,247
  • Trust Fund 93,260
  • Tax Forfeit 10,513
  • Purchase etc 18,450
jurisdiction19
Jurisdiction
  • Article 1 Section 8 Jurisdiction clause of the federal constitution
  • The Congress shall have Power to exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority 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, dock-Yards, and other needful Buildings
jurisdiction20
Jurisdiction
  • Article IV Section 3 Property clause of the federal constitution
  • The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State
jurisdiction21
Jurisdiction
  • Minnesota Statutes 1.042 (Laws 1943 c 343)
  • Subdivision 1. The consent of the State of Minnesota is given … 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 for customs houses, courthouses, hospitals, sanitariums, post offices, prisons, reformatories, jails, forestry depots, supply houses, or offices, aviation fields or stations, radio stations, military or naval camps, bases, stations, arsenals, depots, terminals, cantonments, storage places, target ranges, or any other military or naval purpose of the United States
  • Subdivision 3. Conditions and reservations. The right of the state to cause its civil and criminal process to be executed in any ceded land or place is reserved to the state.  The state also reserves the right to impose the following taxes ....
minnesota jurisdiction on lands
Minnesota Jurisdiction on Lands
  • Minnesota Statutes 1.041 (Laws 1943 c 343)
  • Except as otherwise expressly provided, the jurisdiction of the United States over any land or other property in this state owned for national purposes 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 cession of jurisdiction
Minnesota Cession of Jurisdiction
  • Minnesota Statutes 1.045 (Laws 1943 c 343)
  • Consent of the State of Minnesota is given to the acquisition by the United States in any manner authorized by act of Congress of lands lying within the original boundaries of the Chippewa National Forest and the Superior National Forest for any purpose incident to the development or maintenance of those forests, subject to concurrent jurisdiction of the state and the United States as defined in section 1.041
the range of federal lands
The Range of Federal Lands
  • Minneapolis Federal Courthouse
  • Fort Snelling National Cemetery
  • The Federal Reserve Bank of Minneapolis
  • General Services Administration Real Estate Services
federal lands comprise two groups
Federal lands comprise two groups
  • A. Lands the federal government has always owned - lands that were never sold or granted to individuals, corporations, or states
  • B. Lands that the federal government reacquired after having conveyed them to individuals, corporations, or states
  • acquired voluntarily - purchases, exchanges, donations
  • acquired involuntarily - through condemnation, confiscation, bankruptcy proceedings
federal forest lands
Federal Forest Lands
  • US Forest Service
  • Superior National Forest
  • Chippewa National Forest
national park service in minnesota
National Park Service in Minnesota
  • 16 US Code National Parks, Military Parks, Monuments and Seashores
  • Voyageurs National Park Legislation
  • Voyageurs National Park
  • Wild and Scenic Rivers Legislation
  • St Croix National Scenic Riverway
  • St Croix (Lower) River
  • Mississippi National River & Recreation Area
  • Park Histories
st croix wild scenic river
St Croix Wild & Scenic River
  • Upper St Croix authorized in Wild & Scenic Rivers Act of 1968 (16 USC 1271 et seq)
  • The Lower St. Croix River added in 1972
  • National Park Service Site
  • Time and the River: A History of the St. Croix (Karamansky, 2002)
  • Endangered? The Scenic St. Croix
  • St Croix River Crossing (Minnesota DoT)
us fish wildlife service in minnesota
US Fish & Wildlife Service in Minnesota
  • National Wildlife Refuge Legislation
  • Minnesota Valley National Wildlife Refuge
  • Upper Mississippi Fish & Wildlife Refuge
  • Legislation
minnesota valley nwr
Minnesota Valley NWR
  • Minnesota Valley National Wildlife Refuge Protection Act of 1999
  • Impact of Airport Expansion on the Minnesota Valley NWR Congressional Hearings)
definition
Definition
  • Minnesota Statutes 93.01 Trespass on public lands. Anyone cutting timber on lands owned by the state or held in trust by the state for the counties …. (1925)
  • Minnesota Statutes 92.01 Lands granted to the state by acts of Congress (1941)
  • Minnesota Statutes 82.047 The commissioner of the DNR “shall have charge and control of all the public lands, parks, timber, waters, minerals, and wild animals of the state ….” (1943)
minnesota statutes 92 70 trespassing on public lands 1989
Minnesota Statutes 92.70 Trespassing on Public Lands (1989)
  • "Public land" means publicly owned land or interests in land including
  • land owned by the state, counties, or road authorities
  • land administered by the commissioner of natural resources
  • land owned by the state as beds of navigable waters
  • conservation easements with benefits running to the state, a county, or the public under the conservation reserve program, water bank program, or other state or county programs
introduction the dynamic of state owned lands
Introduction – the dynamic of state-owned lands
  • The lands owned by the state are not accidents of history
  • They reflect the decisions that Minnesotans have made to produce particular goods and to provide particular services
  • from public lands rather than from privately-owned lands
  • from lands owned by the state government rather than lands owned by the federal government
the nature of state owned lands
The Nature of State-owned Lands
  • The state has acquired parcels of land
  • At different times
  • In different ways
  • For different purposes
  • The state has used land for different purposes
  • At different times
  • In different ways
  • In answer to questions about what goods the state should be producing from lands the state owns
state land departments
State Land Departments
  • Minnesota Department of Natural Resources
  • Texas General Land Office
  • New Mexico State Land Office
  • California State Lands Commission
  • Wisconsin Board of Commissioners of Public Lands
  • Idaho Department of Lands
  • Florida Department of Environmental Protection Division of State Lands
  • Wyoming Office of State Lands & Investment
  • New York Bureau of State Land Management
current management
Current Management
  • State Park 66 1891
  • State Forest 58 1900
  • Wildlife Management Area 1,330 1928
  • Water Access Site 1,550 1947
  • Canoe & Boating Route 24 1963
  • Scientific & Natural Area 130 1969
  • Trails 1,000 miles 1969
  • Wild & Scenic River 1969
  • Aquatic Management Area 1975
  • State Recreation Area 4
  • State Wayside 9
  • Also 800,000 acres outside any management unit
  • Severed mineral estate ca 1 million acres
minnesota s natural resource dependent industries and their importance to minnesota s economy 2000
Minnesota's natural resource dependent industries and their importance to Minnesota's economy (2000)
trails
Trails
  • Minnesota Statutes 85.015
  • The commissioner of natural resources shall establish, develop, maintain, and operate the trails designated in this section
  • Each trail shall have the purposes assigned to it in this section
  • The commissioner of natural resources may acquire title to land or an easement
    • gift or purchase
    • trail and facilities related to the trail
slide54
Off-Highway Vehicle (OHV) recreation is among the fastest growing components of overall recreational demand
off highway vehicles 2003
Off-Highway Vehicles (2003)
  • All-terrain vehicles (ATVs)
  • Off-highway motorcycles (OHMs)
  • Off-road vehicles (ORVs) - 4x4 trucks or Jeeps
  • State forest lands in Hubbard County will be designated as "limited" to highway-licensed and off-highway vehicles (OHV)
  • Iron Range OHV Recreation Area
public land acquisition

Public Land Acquisition

Because how the state acquired title imposes restrictions on how the state can manage the lands

trust lands lands the state has always owned
Trust Lands - lands the state has always owned
  • Conveyed to the state by the federal government that were never conveyed to individuals or corporations
  • Not offered to individuals or corporations before state established a reservation policy
  • Never found valuable by individuals or corporations before reservation policy
lands acquired involuntarily
Lands Acquired Involuntarily
  • Condemnation
  • Tax Forfeiture
lands acquired voluntarily
Lands Acquired Voluntarily
  • Purchases
  • Exchanges
  • Donations
current ownership
Current Ownership
  • Surface Ownership Mineral Ownership
  • Trust Lands
  • School, swamp, and internal improvement 2,509,798 1,011,765
  • University 25,990 20,947
  • Tax Forfeit Lands – involuntarily acquired
  • Tax forfeited lands 2,854,300 787,100
  • Consolidated conservation 1,552,350 369,600
  • Voluntarily acquired 1,318,300 703,950
lands conveyed to minnesota by the federal government
Lands Conveyed to Minnesota by the Federal Government
  • Purpose SelectedAcres
  • Public Schools (1855-1956) 2,900,000
  • University (1854-1914) 92,160
  • Public Buildings (1857) 6,397
  • Salt Springs (1858-1914) 46,080
  • Ag and Mech Arts College (1863-1865) 94,439
  • Internal Improvements (1866-1873) 496,482
  • Swamp Land (1866-1973) 4,706,503
  • Itasca State Park (1891) 7,000
  • Burntside State Forest (1904) 20,000
slide69
These lands were selected by the state throughout the nineteenth and twentieth centuries
  • A large part of these lands were subsequently conveyed to individuals and corporations
  • Less than 2.5 million surface acres remain in state ownership
  • In 1901 Minnesota started to reserve the mineral rights when conveying title to the land surface
  • Almost one million acres of severed mineral are certainly owned by the state
tax forfeiture
Tax Forfeiture
  • The General Forfeiture Statutes >1935 3.2 million acres
  • Three Specific Forfeiture Statutes 1929, 1931, 1933 1.6
  • Total 4.8
the general forfeiture statutes
The General Forfeiture Statutes
  • The depression of the 1920s and1930s caused landowners to default on their property taxes
  • The state repeatedly attempted to avoid tax forfeiture
  • In 1935 the state enacted a general forfeiture statute
  • Landowners forfeited ownership of the land – the state acquired fee title in trust for the taxing district, the county
consolidated conservation lands
Consolidated Conservation Lands
  • Seven counties had issued bonds to pay for draining the land before it was sold to individuals
  • Landowners were paying two taxes
  • a ditch lien that compensated the counties for drainage expenses already incurred
  • a general property tax that paid for the general operating expenses of the counties
  • As tax delinquency increased the counties were unable to pay the ditch bonds
  • In specific legislation 1929, 1931 and 1933 the state paid the county ditch bonds and acquired fee title to the drained lands
consolidated conservation lands78
Consolidated Conservation Lands
  • Income from these lands, originally termed reforestation projects, was “consolidated” into one fund
  • The lands were to be managed by the Department of Conservation, now the DNR
  • The state acquired approximately 1.9 million acres of Con-Con lands
  • About 400,000 acres of them were subsequently classified as agricultural land and sold
consolidated conservation lands79
Consolidated Conservation Lands
  • 1991 the DNR Commissioner designated 102,314.74 acres as wildlife management areas
  • 1999, the Attorney General’s Office determined that such designation required legislative approval
  • 2000 legislature approved DNR recommendations designating 141,500acres as wildlife management areas and 118,500 acres as state forest lands
  • 2002 the legislature formally designated the 1991 lands as wildlife management areas effective January 1, 2003
minnesota s park system
Minnesota’s Park System
  • 240,000 acres of land (42,000 acres in private ownership)
  • 68 state parks
  • 4 state recreation areas
  • 9 waysides
  • 4,378 campsites
  • 68 group camps
  • 1,255 miles of trails
  • 332 miles of road
  • 135 water access sites
  • 90 picnic areas with approximately 6,300 picnic sites
  • 25 visitor centers
  • over 1,400 building, 595 on the National Register of Historic Places
slide84
Each management unit possesses two histories
  • A history in which the land parcels were acquired
  • A history in which the lands were used
  • Each parcel of land owned by the state is unique
  • Legal description
  • History of acquisition
  • History of use
important issues
Important Issues
  • Constitutional Rights to Hunt and Fish
  • Usufructuary Rights of American Indian bands
  • Mineral Rights
  • Privacy Rights of Hunters and Anglers
  • Funding Land Acquisition and Land Management
  • Lessard Outdoor Heritage Council