HF 1438

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to natural resources; providing for an
official map of state forest roads as an alternative
recording method; proposing coding for new law in
Minnesota Statutes, chapter 89.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [89.715] ALTERNATIVE RECORDING FOR STATE
FOREST ROAD.
new text end

new text begin Subdivision 1. new text end

new text begin Authorization. new text end

new text begin The commissioner may adopt
a recorded state forest road map under this section to record
the department's state forest road prescriptive easements. For
purposes of this section, "recorded state forest road map" means
the official map of state forest roads.
new text end

new text begin Subd. 2. new text end

new text begin Map requirements. new text end

new text begin The recorded state forest
road map must:
new text end

new text begin (1) show state forest roads at the time the map is adopted;
new text end

new text begin (2) be prepared at a scale of at least four inches equals
one mile;
new text end

new text begin (3) include section numbers;
new text end

new text begin (4) include a north point arrow;
new text end

new text begin (5) include the name of the county and state;
new text end

new text begin (6) include a blank and a description under the blank for
the date of public hearing and date of adoption; and
new text end

new text begin (7) include blanks for signatures and dates of signatures
for the commissioner.
new text end

new text begin Subd. 3. new text end

new text begin Procedure to adopt map. new text end

new text begin (a) The commissioner
must prepare an official map for each county or smaller
geographic area as determined by the commissioner as provided in
subdivision 2, and set a time, place, and date for a public
hearing on adopting a recorded state forest road map to record
roads.
new text end

new text begin (b) The hearing notice must state that the roads to be
recorded will be to the width of the actual use including
ditches, backslopes, fills, and maintained rights-of-way, unless
otherwise specified in a prior easement of record. The hearing
notice must be published once a week for two successive weeks in
a qualified newspaper of general circulation that serves the
county or smaller geographic areas as determined by the
commissioner, the last publication to be made at least ten days
before the date of the public hearing. At least 30 days before
the hearing, the hearing notice must be sent by mail to the
property owners directly affected in the county or smaller
geographic areas as determined by the commissioner at the
addresses listed on the tax assessment notices. The hearing
notice may be sent with the tax assessment, but all additional
costs incurred shall be billed to the department.
new text end

new text begin (c) After the public hearing is held, the commissioner may
amend and adopt the recorded state forest road map. The
recorded state forest road map must be dated and signed by the
commissioner and must be recorded with the county recorder
within 90 days after the map is adopted.
new text end

new text begin (d) The recorded state forest road map that is recorded
with the county recorder must comply with the standards of the
county recorder where the state forest roads are located.
new text end

new text begin (e) A recorded state forest road map that was prepared by
using aerial photographs to establish road centerlines and that
has been duly recorded with the county recorder is an adequate
description for purposes of recording road easements and the map
is the legally constituted description and prevails when a deed
for a parcel abutting a road contains no reference to a road
easement. Nothing prevents the commissioner from accepting a
more definitive metes and bounds or survey description of a road
easement for a road of record if the description of the easement
is referenced to equal distance on both sides of the existing
road centerline.
new text end

new text begin Subd. 4. new text end

new text begin Appeal. new text end

new text begin A person may appeal a decision to
record a road under this section to the district court within 60
days after the date the commissioner adopts the state forest
road map.
new text end

new text begin Subd. 5. new text end

new text begin Unrecorded road or trail not affected. new text end

new text begin This
section does not affect the legal status or state obligations of
roads and trails not shown on the recorded state forest road map.
new text end

new text begin Subd. 6. new text end

new text begin Exemption. new text end

new text begin Adoption of a recorded state forest
road map under this section is exempt from the rulemaking
requirements of chapter 14 and section 14.386 does not apply.
new text end