Requesting Access Across Tax Forfeited Lands
The St Louis County Land Department has the authority to grant access over and across tax forfeit managed lands. The process is initiated by filling out the "Application For Access Across Tax Forfeited Lands" and returning it to the Land Department Area Office nearest you. The Area Offices are listed at the bottom of the form. Filing an application does not guarantee that the encumbrance will be granted. All requests are evaluated on a case-by-case basis.
In addition to the requirements set forth by the Land Department, all applicable county ordinances; state and federal statutes, laws, rules, and guidelines shall be followed. Land Department staff will guide you to the correct office to satisfy these requirements.
Trespass
Whoever without a valid permit shall cut any timber upon lands owned by the State, or held in trust by the State for the counties, or remove or carry away such timber, or any other property appertaining to these lands, or shall commit any other trespass upon these lands, or shall induce or assist another to do so, shall be liable to the State for treble damages if the trespass is adjudged to have been willful, but liable for double damages only if the trespass is adjudged to have been casual and involuntary.
There are several kinds of occupancy trespass, including living in a tax forfeited structure, building a structure or septic system on tax forfeited land, or using tax forfeited land for a parking lot or storage area without a valid permit or lease.
Trespass is a serious problem that is difficult to resolve. When an occupancy trespass is discovered on tax forfeited land, there is an investigation, and a trespass report is filed with the County Attorney’s Office. If the trespass violation is substantiated, the trespasser will be required to remove all structures and private property from State tax forfeited land, and pay all costs associated with the trespass investigation.
Receiving a permit from St. Louis County (Planning, Health, or Public Works) does not constitute permission to build on tax forfeited land, nor does it indemnify the applicant from legal action. Landowners applying for a Land Use Permit from the Planning Department are required to sign and certify a statement indicating they are the owner or authorized agent of the owner of the property. Anyone who intentionally or unintentionally falsifies the application could see their permit invalidated; and, could be investigated for a trespass violation.
Types of encumbrances
There are three ways the St Louis County Land Department provides access across tax forfeited lands. The first method is the Authorization which allows access for short term needs. The Authorization is generally handled in one visit to the Area Office. Please fill out the application form to request an access authorization.
The second method is a lease to provide access which is temporary and renewable.
The third method is an easement used for utilities, public roadways by road authorities, as well as access to private lands. The easement is permanent and requires, approval by the St Louis County Board and recording of documents in the Office of the County Recorder/Registrar of Titles. There is a $1000 deposit required with the application which will be applied to the appraisal, administrative and land use fees.
Process for requesting encumbrances
After the Land department receives the application along with the $1000 deposit (if a request for an easement), you will be contacted to set an appointment to make a field examination. During this field examination the Land Department staff will work with you and discuss options that may enhance, improve, or alter the request. This will include the selection of a route that is best for the long term management of the tax-forfeited lands or possibly even denial of the request. For authorizations and leases the Land Department staff will locate the encumbrance during this site visit using a Global Positioning System (GPS) receiver to the standards set forth. The applicant shall have the responsibility for this location for easements. After the field inspection you will be notified in writing of the final decision. If the decision is an approval, the applicant may then proceed with the use or construction.
By granting an encumbrance, the Land Department may also set roadway design and/or construction criteria it deems necessary to protect the resources. Field inspections by Land Department staff may occur during the process to ensure that the encumbrance is established in accordance with Land Department requirements.
Once all data has been submitted, the Land Department will prepare a recordable document that satisfies the requirements of the St Louis County Recorder/Registrar of Titles.
Please read the "Instructions for Applying for Access Across Tax Forfeited Lands" for detailed information on what is required with the application.
Trespass Information Guide
Instructions for Applying for Access Across Tax Forfeited Lands
Application for Access Across Tax Forfeited Lands
For more information or asistance in filling out the application form contact the Land Department at:
Phone: 218-726-2606 Email: landdept@co.st-louis.mn.us
St. Louis County Land Department
Room 607, Government Services Center
320 W 2nd St.
Duluth, MN 55802