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• CHAPTER 15 <br /> XIX. Real estate acquisitions, <br /> sales, and other dispositions <br /> Minn.stat.§412.211. Statutory cities are authorized to acquire real and personal property within or <br /> See League research memo outside their corporate limits by purchase, gift, devise, condemnation, lease, <br /> Purchase and Sale of Real or otherwise.The law permitting the conveyance of tax-forfeited land to a <br /> Property(470a). city may also be used to acquire land for community development programs. <br /> Minn.stat.§412.211. Statutory cities are free to hold,manage, control, sell, convey, lease, or <br /> otherwise dispose of real and personal property as required by the city's <br /> interest. <br /> Minn.Stat.§465.035. With the council's authorization,no consideration is required when a city <br /> conveys land for the public use to another public corporation,any <br /> governmental subdivision, or the Minnesota Armory Building Commission. <br /> Minn stat §412.211. Special problems arise in conveying lands held in trust for some specified <br /> public purpose.Usually a statute or charter is necessary to enable a city to <br /> alienate lands it holds in trust and uses for a specific purpose. <br /> Headley v City of Northfield, For example, if a city has dedicated land for a public purpose, such as a park <br /> 227 Minn.458,35 N.W.2d 606 or square, the city corporation holds the property in trust for the public and <br /> (1949). <br /> has no power to divert the lands from the uses and purposes of its original <br /> Kronshnabel v.City of St.Paul, dedication. The land can be used only for the purposes for which it is <br /> 272 Minn.256,137 N W.2d 200 dedicated and cannot be sold. <br /> (1965). <br /> City of Zumbrota v.Stafford <br /> Western Emigration Co.,290 <br /> N.W.2d 621(Minn.1980) <br /> McQuillin,Municipal <br /> Corporations§28.38. <br /> Ag.Op.460-A-15(Nov.20, Thus, it is important for cities to examine the specific language of a deed that <br /> 1969). restricts the purposes of the land to determine if the deed created a trust. If a <br /> trust is created and the city sells the land,the buyer's ownership interest will <br /> terminate if the land ceases to be used for the purpose identified in the deed. <br /> Minn.Stat.§541.023. A city's power to convey land that is limited to a particular purpose is a <br /> Minn.Scat.§500.20. complicated legal consideration. The council should seek the advice of its <br /> city attorney prior to authorizing any sale or disposition of the property. <br /> Witchelman v.Messner,250 <br /> Minn.88,83 N.W.2d 800 <br /> (1957). <br /> Witzig v.Phillips,274 Minn. <br /> 406,144 N.W.2d 266(1966). <br /> • <br /> IHANDBOOK FOR MINNESOTA CITIES 15-39 <br /> This chapter last revised 12/15/2004 <br />