SF 2571

as introduced - 86th Legislature (2009 - 2010) Posted on 02/11/2010 02:35pm

A bill for an act
relating to transportation; establishing requirements governing relinquishing land
owned by the Department of Transportation; proposing coding for new law in
Minnesota Statutes, chapter 161.

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

Section 1.

new text begin [161.438] RELINQUISHMENT OF LAND FOR ROADWAY ACCESS.
new text end

new text begin Subdivision 1. new text end

new text begin Relinquishment requirements. new text end

new text begin (a) Except as provided in
subdivision 2, the commissioner shall relinquish and quitclaim, convey and quitclaim, or
provide for an easement of, any land owned by the state for trunk highway purposes if:
new text end

new text begin (1) the land is located outside of regular right-of-way limits of a trunk highway;
new text end

new text begin (2) a road authority, including the governing body of a statutory or home rule charter
city, submits a request, in a form established by the commissioner, for relinquishment of
the land; and
new text end

new text begin (3) the request under clause (2) is for planned construction of a new driveway, street,
or highway to establish access between (i) a roadway that is under the jurisdiction of the
road authority and (ii) one or more parcels of land located within the jurisdiction of the
road authority, whether privately or publicly owned.
new text end

new text begin (b) The relinquishment, conveyance, or easement must be as provided in this chapter.
new text end

new text begin (c) The commissioner may not impose a fee or other costs on a road authority
making a request under this subdivision.
new text end

new text begin Subd. 2. new text end

new text begin Exception. new text end

new text begin The commissioner may only deny a request under subdivision
1 upon identification of at least three cases or studies of comparable traffic engineering
situations that document a measurable and consequential increase in safety hazards due
to establishment of a new driveway, street, or highway.
new text end