§ 105.461

In Re Kaldahl · 1988 2 citations

Civil enforcement of a remedial sanction does not constitute double jeopardy. See Helvering, 303 U.S. at 404, 58 S.Ct. at 635-36; United States ex rel. Marcus v. Hess, 317 U.S. 537, 548-49, 63 S.Ct. 379, 386, 87 L.Ed. 443 (1943). Chapter 105 established state control over public waters and wetlands “[i]n order to conserve and utilize the water resources of the state in the best interests of the people of the state, and for the purpose of promoting the public health, safety and welfare.” See Minn. Stat. § 105.38 (1984). This is remedial legislation which grants the Commissioner authority to impose certain civil sanctions in order to promote water resources conservation and wildlife habitat preservation. See, e.g., Minn. Stat. §§ 105.39, 105.392 (1984). The remedial nature of chapter 105 also is reflected in the civil administrative procedures for contesting DNR actions that affect property owners. See Minn. Stat. §§ 105.461-.462, 105.44, subd. 3.

Civil enforcement of a remedial sanction does not constitute double jeopardy. See Helvering, 303 U.S. at 404, 58 S.Ct. at 635-36; United States ex rel. Marcus v. Hess, 317 U.S. 537, 548-49, 63 S.Ct. 379, 386, 87 L.Ed. 443 (1943). Chapter 105 established state control over public waters and wetlands “[i]n order to conserve and utilize the water resources of the state in the best interests of the people of the state, and for the purpose of promoting the public health, safety and welfare.” See Minn. Stat. § 105.38 (1984). This is remedial legislation which grants the Commissioner authority to impose certain civil sanctions in order to promote water resources conservation and wildlife habitat preservation. See, e.g., Minn. Stat. §§ 105.39, 105.392 (1984). The remedial nature of chapter 105 also is reflected in the civil administrative procedures for contesting DNR actions that affect property owners. See Minn. Stat. §§ 105.461-.462, 105.44, subd. 3.

In Re the Excavation of Erickson Lake Ex Rel. Lahman · 1986 1 citation

We disagree. Minn. Stat. § 105.461 (1984) grants the commissioner authority as follows: