HF 1438

2nd Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to natural resources; providing for an 
  1.3             official map of state and county forest roads as an 
  1.4             alternative recording method; proposing coding for new 
  1.5             law in Minnesota Statutes, chapters 89; 282. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [89.715] [ALTERNATIVE RECORDING FOR STATE 
  1.8   FOREST ROAD.] 
  1.9      Subdivision 1.  [AUTHORIZATION.] The commissioner may adopt 
  1.10  a recorded state forest road map under this section to record 
  1.11  the department's state forest road prescriptive easements.  For 
  1.12  purposes of this section, "recorded state forest road map" means 
  1.13  the official map of state forest roads. 
  1.14     Subd. 2.  [MAP REQUIREMENTS.] The recorded state forest 
  1.15  road map must: 
  1.16     (1) show state forest roads at the time the map is adopted; 
  1.17     (2) be prepared at a scale of at least four inches equals 
  1.18  one mile; 
  1.19     (3) include section numbers; 
  1.20     (4) include a north point arrow; 
  1.21     (5) include the name of the county and state; 
  1.22     (6) include a blank and a description under the blank for 
  1.23  the date of public hearing and date of adoption; 
  1.24     (7) include blanks for signatures and dates of signatures 
  1.25  for the commissioner; and 
  2.1      (8) include a list of legal descriptions of all parcels 
  2.2   crossed by state forest road prescriptive easements. 
  2.3      Subd. 3.  [PROCEDURE TO ADOPT MAP.] (a) The commissioner 
  2.4   must prepare an official map for each county or smaller 
  2.5   geographic area as determined by the commissioner as provided in 
  2.6   subdivision 2, and set a time, place, and date for a public 
  2.7   hearing on adopting a recorded state forest road map to record 
  2.8   roads. 
  2.9      (b) The hearing notice must state that the roads to be 
  2.10  recorded will be to the width of the actual use including 
  2.11  ditches, backslopes, fills, and maintained rights-of-way, unless 
  2.12  otherwise specified in a prior easement of record.  The hearing 
  2.13  notice must be published once a week for two successive weeks in 
  2.14  a qualified newspaper of general circulation that serves the 
  2.15  county or smaller geographic areas as determined by the 
  2.16  commissioner, the last publication to be made at least ten days 
  2.17  before the date of the public hearing.  At least 30 days before 
  2.18  the hearing, the hearing notice must be sent by certified mail 
  2.19  to the property owners directly affected in the county or 
  2.20  smaller geographic areas as determined by the commissioner at 
  2.21  the addresses listed on the tax assessment notices.  The hearing 
  2.22  notice may be sent with the tax assessment, but all additional 
  2.23  costs incurred shall be billed to the department. 
  2.24     (c) After the public hearing is held, the commissioner may 
  2.25  amend and adopt the recorded state forest road map.  The 
  2.26  recorded state forest road map must be dated and signed by the 
  2.27  commissioner and must be recorded with the county recorder 
  2.28  within 90 days after the map is adopted. 
  2.29     (d) The recorded state forest road map that is recorded 
  2.30  with the county recorder must comply with the standards of the 
  2.31  county recorder where the state forest roads are located. 
  2.32     (e) A recorded state forest road map that was prepared by 
  2.33  using aerial photographs to establish road centerlines and that 
  2.34  has been duly recorded with the county recorder is an adequate 
  2.35  description for purposes of recording road easements and the map 
  2.36  is the legally constituted description and prevails when a deed 
  3.1   for a parcel abutting a road contains no reference to a road 
  3.2   easement.  Nothing prevents the commissioner from accepting a 
  3.3   more definitive metes and bounds or survey description of a road 
  3.4   easement for a road of record if the description of the easement 
  3.5   is referenced to equal distance on both sides of the existing 
  3.6   road centerline. 
  3.7      (f) The commissioner shall consult with representatives of 
  3.8   county land commissioners, county auditors, county recorders, 
  3.9   and Torrens examiners in implementing this subdivision. 
  3.10     Subd. 4.  [APPEAL.] (a) Before filing an appeal under 
  3.11  paragraph (b), a person may seek resolution of concerns 
  3.12  regarding a decision to record a road under this section by 
  3.13  contacting the commissioner in writing. 
  3.14     (b) A person may appeal a decision to record or exclude 
  3.15  recording a road under this section to the district court within 
  3.16  60 days after the date the commissioner adopts the state forest 
  3.17  road map. 
  3.18     Subd. 5.  [UNRECORDED ROAD OR TRAIL NOT AFFECTED.] This 
  3.19  section does not affect or diminish the legal status or state 
  3.20  obligations of roads and trails not shown on the recorded state 
  3.21  forest road map. 
  3.22     Subd. 6.  [EXEMPTION.] Adoption of a recorded state forest 
  3.23  road map under this section is exempt from the rulemaking 
  3.24  requirements of chapter 14 and section 14.386 does not apply. 
  3.25     Sec. 2.  [282.041] [ALTERNATIVE RECORDING FOR COUNTY FOREST 
  3.26  ROAD.] 
  3.27     Subdivision 1.  [DEFINITION.] "County forest road" means a 
  3.28  road constructed, acquired, maintained, or administered by the 
  3.29  county for the purpose of public access and management of 
  3.30  tax-forfeited lands that have been classified as conservation 
  3.31  lands under this chapter.  
  3.32     Subd. 2.  [AUTHORIZATION.] A county board may adopt a 
  3.33  recorded county forest road map according to section 89.715 to 
  3.34  record county forest road prescriptive easements.  For purposes 
  3.35  of this section, "recorded county forest road map" means the 
  3.36  official map of county forest roads.  
  4.1      Subd. 3.  [UNRECORDED ROAD OR TRAIL NOT AFFECTED.] This 
  4.2   section does not affect the legal status or county obligations 
  4.3   of roads and trails not shown on the recorded county forest road 
  4.4   map.