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HF 3221

as introduced - 86th Legislature (2009 - 2010) Posted on 03/01/2010 09:02am

KEY: stricken = removed, old language.
underscored = added, new language.
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Engrossments
Introduction Posted on 03/01/2010

Current Version - as introduced

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A bill for an act
 relating to transportation; amending certain town road extinguishment
nullification procedures; amending Laws 2008, chapter 287, article 1, section
122.

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

Section 1.

Laws 2008, chapter 287, article 1, section 122, is amended to read:


Sec. 122. NULLIFICATION OF EXPEDITED TOWN ROAD
EXTINGUISHMENT.

(a) Any extinguishment of town interest in a town road under Minnesota Statutes,
section 164.06, subdivision 2, is hereby nullified if:

(1) the interest was not recorded or filed with the county recorder but was recorded
or filed with the county auditor prior to 1972;

(2) the state or a political subdivision has constructed new text begin or funded new text end a road or bridge
improvement on a right-of-way affected by the interest;

(3) the affected road was the only means of access to a property;

(4) the extinguishment took place within the last ten years; and

(5) a person whose only access to property was lost because of the extinguishment
files a petition of a nullification with the town board stating that the person's property
became landlocked because of the extinguishment and that the road satisfies all of the
requirements of paragraph (a), clauses (1) to (4). A copy of the road order found filed or
recorded with the county auditor must be attached to the petition. The town shall file the
petition with the county auditor and record it with the county recorder.

(b) Notwithstanding Minnesota Statutes, sections 164.08, subdivision 1, and
541.023, for any nullification under paragraph (a), the affected road is hereby deemed to
be a cartway. No additional damages or other payments may be required other than those
paid at the time the fee interest was originally acquired and the order filed with the county
auditor. A cartway created by this paragraph may be converted to a private driveway
under Minnesota Statutes, section 164.08, subdivision 2.

(c) For purposes of this section, "affected road" means the road in which the town
board extinguished its interest.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end