1.1    .................... moves to amend H.F. No. 3280 as follows:
1.2Page 3, after line 15, insert:

1.3    "Sec. 2. Minnesota Statutes 2006, section 97A.145, subdivision 2, is amended to read:
1.4    Subd. 2. Acquisition procedure. (a) Lands purchased or leased under this section
1.5must be acquired in accordance with this subdivision.
1.6    (b) The commissioner must notify the county board and the town officers where the
1.7land is located and furnish them a description of the land to be acquired. The county board
1.8must approve or disapprove the proposed acquisition within 90 days after being notified.
1.9The commissioner may extend the time up to 30 days. The soil and water conservation
1.10district supervisors shall counsel the county board on drainage and flood control and the
1.11best utilization and capability of the land.
1.12    (c) If the county board approves the acquisition within the prescribed time, the
1.13commissioner may acquire the land.
1.14    (d) If the county board disapproves the acquisition, it must state valid reasons. The
1.15commissioner may not purchase or lease the land if the county board disapproves the
1.16acquisition and states its reasons within the prescribed time period. The landowner or the
1.17commissioner may appeal the disapproval to the district court having jurisdiction where
1.18the land is located Land Exchange Board.
1.19    (e) The commissioner or the owner of the land may also submit the proposed
1.20acquisition to the Land Exchange Board if: (1) the county board does not give reason for
1.21disapproval, or does not approve or disapprove the acquisition within the prescribed time
1.22period; or (2) the court finds that the disapproval is arbitrary and capricious, or that the
1.23reasons stated for disapproval are invalid.
1.24    (f) The Land Exchange Board must conduct a hearing and make a decision on the
1.25acquisition within 60 90 days after receiving the proposal. The Land Exchange Board
1.26must give notice of the hearing to the county board, the commissioner, the landowner,
1.27and other interested parties. The Land Exchange Board must consider the interests of the
2.1county, the state, and the landowner in determining whether the acquisition is in the public
2.2interest. If a majority of the Land Exchange Board members approves the acquisition, the
2.3commissioner may acquire the land. If a majority disapproves, the commissioner may
2.4not purchase or lease the land."
2.5Renumber the sections in sequence and correct the internal references
2.6Amend the title accordingly