Minnesota Legislature
HF 735
as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
Current Version - as introduced
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A bill for an act
relating to transportation; authorizing state entry onto real property for
geotechnical investigation; modifying provisions relating to bridges and culverts;
regulating money allocated for rail service improvements; regulating state rail
bank property; imposing penalties; amending Minnesota Statutes 2006, sections
117.041, by adding a subdivision; 165.01; 165.03; 222.50, subdivision 7; 222.63,
subdivision 4, by adding a subdivision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2006, section 117.041, is amended by adding a
subdivision to read:
new text begin Subd. 3. new text end
new text begin Geotechnical investigation before eminent domain proceedings. new text end
new text begin
(a) A
state agency by order of the commissioner or a political subdivision by resolution may
enter property for purposes of investigation, monitoring, testing, surveying, boring, or
other similar activities necessary or appropriate to perform geotechnical investigations.
new text end
new text begin
(b) At least ten days before entering the property, the state agency or political
subdivision must serve notice on the property owner requesting permission to enter the
property, stating the approximate time and purpose of the entry, and giving the owner the
option of refusing entry. If the property owner refuses to consent to the entry, the state
agency or political subdivision must apply for a court order authorizing the entry and the
removal of any sample or portion from the property, giving notice of the court order to the
property owner. The court shall issue an order if the state agency or political subdivision
meets the standards in paragraph (a). Notices under this paragraph must be served in the
same manner as a summons in a civil action.
new text end
new text begin
(c) The state agency or political subdivision must not cause any unnecessary damage
to the property and must compensate the property owner for any damages actually incurred
as a result of the geotechnical investigations.
new text end
Sec. 2.
Minnesota Statutes 2006, section 165.01, is amended to read:
165.01 DEFINITIONS.
new text begin Subdivision 1. new text end
new text begin Scope. new text end
For the purposes of this chapter, the terms defined in new text begin this
section and new text end section 160.02 deleted text begin shalldeleted text end have the deleted text begin samedeleted text end meaningsnew text begin given themnew text end .
new text begin Subd. 2. new text end
new text begin AASHTO manual. new text end
new text begin
"AASHTO manual" means the Manual for Condition
Evaluation of Bridges, published by the American Association of State Highway and
Transportation Officials.
new text end
Sec. 3.
Minnesota Statutes 2006, section 165.03, is amended to read:
165.03 STRENGTH OF BRIDGE; INSPECTION.
Subdivision 1.
Standards generally.
Each bridge, including a privately owned
bridge, must conform to the strength, width, clearance, and safety standards imposed
by the commissioner for the connecting highway or street. This subdivision applies to
a bridge that is constructed after August 1, 1989, on any public highway or street. The
bridge must have sufficient strength to support with safety the maximum vehicle weights
allowed under sections 169.822 to 169.829 and must have the minimum width specified
in section 165.04, subdivision 3.
new text begin Subd. 1a. new text end
new text begin Inspection. new text end
new text begin
(a) Each bridge must be inspected annually, unless a longer
interval not to exceed two years for bridges or four years for bridges classified as culverts
is authorized by the commissioner. The commissioner's authorization must be based
on factors including, but not limited to, the age and condition of the bridge, the rate of
deterioration of the bridge, the type of structure, the susceptibility of the bridge to failure,
and the characteristics of traffic on the bridge. Interim inspections at intervals of less than
one year may be necessary on bridges that are posted, bridges subjected to extreme scour
conditions, bridges subject to significant substructure movement or settlement, and for
other reasons as specified or inferred in the AASHTO manual.
new text end
new text begin
(b) The thoroughness of each inspection depends on such factors as age, traffic
characteristics, state of maintenance, and known deficiencies. The evaluation of these
factors is the responsibility of the engineer assigned the responsibility for inspection as
defined by rule adopted by the commissioner of transportation.
new text end
Subd. 2.
Inspection and inventory responsibilities; rules; forms.
(a) The
commissioner of transportation shall adopt official inventory and bridge inspection report
forms for use in making bridge inspections by the owners or highway authorities specified
by this subdivision. deleted text begin Bridgedeleted text end Inspections deleted text begin shalldeleted text end new text begin mustnew text end be made at regular intervals, not to
exceed two yearsnew text begin for bridges and not to exceed four years for culvertsnew text end , by the following
owner or official:
(1) the commissioner of transportation for all bridges located wholly or partially
within or over the right-of-way of a state trunk highway;
(2) the county highway engineer for all bridges located wholly or partially within
or over the right-of-way of any county or deleted text begin townshipdeleted text end new text begin townnew text end road, or any street within a
municipality deleted text begin whichdeleted text end new text begin thatnew text end does not have a city engineer regularly employed;
(3) the city engineer for all bridges located wholly or partially within or over the
right-of-way of any street located within or along municipal limits;
(4) the commissioner of transportation in case of a toll bridge that is used by the
general public and that is not inspected and certified under subdivision 6; provided, that the
commissioner of transportation may assess the owner for the costs of deleted text begin suchdeleted text end new text begin thenew text end inspection;
(5) the owner of a bridge over a public highway or street or that carries a roadway
designated for public use by a public authority, if not required to be inventoried and
inspected under clause (1), (2), (3), or (4).
(b) The commissioner of transportation shall prescribe the standards for bridge
inspection and inventory by rules. The owner or highway authority shall inspect and
inventory in accordance with these standards and furnish the commissioner with such data
as may be necessary to maintain a central inventory.
Subd. 3.
County inventory and inspection records and reports.
The county
engineer shall maintain a complete inventory record of all bridges as set forth in
subdivision 2, new text begin paragraph (a), new text end clause (2), with the inspection reports thereof, and shall
certify annually to the commissioner, as prescribed by the commissioner, that inspections
have been made at regular intervalsnew text begin ,new text end not to exceed two yearsnew text begin for bridges and not to
exceed four years for culvertsnew text end . A report of the inspections deleted text begin shalldeleted text end new text begin mustnew text end be filed annually,
on or before February 15 of each year, with the county auditor or town clerk, or the
governing body of the municipality. The report deleted text begin shalldeleted text end new text begin mustnew text end contain recommendations for
the correction ofdeleted text begin ,deleted text end or legal posting of load limits on any bridge or structure that is found to
be understrength or unsafe.
Subd. 4.
Municipal inventory and inspection records and reports.
The
city engineer shall maintain a complete inventory record of all bridges as set forth in
subdivision 2, new text begin paragraph (a), new text end clause (3), with the inspection reports thereof, and shall
certify annually to the commissioner, as prescribed by the commissioner, that inspections
have been made at regular intervalsnew text begin ,new text end not to exceed two yearsnew text begin for bridges and not to exceed
four years for culvertsnew text end . A report of the inspections deleted text begin shalldeleted text end new text begin mustnew text end be filed annually, on or
before February 15 of each year, with the governing body of the municipality. The report
deleted text begin shalldeleted text end new text begin mustnew text end contain recommendations for the correction ofdeleted text begin ,deleted text end or legal posting of load limits
on any bridge or structure that is found to be understrength or unsafe.
Subd. 5.
Agreement.
Agreements may be made among the various units of
governments, or between governmental units and qualified engineering personnel to
carry out the responsibilities for the bridge inspections and reports, as established by
subdivision 2.
Subd. 6.
Other bridges.
The owner of a toll bridge and the owner of a bridge
described in subdivision 2, new text begin paragraph (a), new text end clause (5), shall certify to the commissioner, as
prescribed by the commissioner, that inspections of the bridge have been made at regular
intervalsnew text begin ,new text end not to exceed two yearsnew text begin for bridges and not to exceed four years for culvertsnew text end .
The certification deleted text begin shalldeleted text end new text begin mustnew text end be accompanied by a report of the inspection. The report deleted text begin shalldeleted text end new text begin
mustnew text end contain recommendations for the correction of or legal posting of load limitations if
the bridge is found to be understrength or unsafe.
Subd. 7.
Department of Natural Resources bridge.
(a) Notwithstanding
subdivision 2, the commissioners of transportation and natural resources shall negotiate a
memorandum of understanding that governs the inspection of bridges owned, operated,
or maintained by the commissioner of natural resources.
(b) The memorandum of understanding must provide for:
(1) the inspection and inventory of bridges subject to federal law or regulations;
(2) the frequency of inspection of bridges described in paragraph (a); and
(3) who may perform inspections required under the memorandum of understanding.
Sec. 4.
Minnesota Statutes 2006, section 222.50, subdivision 7, is amended to read:
Subd. 7.
Expenditures.
(a) The commissioner may expend money from the rail
service improvement account for the following purposes:
(1) to make transfers as provided under section 222.57 or to pay interest adjustments
on loans guaranteed under the state rail user and rail carrier loan guarantee program;
(2) to pay a portion of the costs of capital improvement projects designed to
improve rail service deleted text begin including construction or improvement of short segments of rail line
such as side track, team track, and connections between existing lines, and construction
and improvement of loading, unloading, storage, and transfer facilitiesdeleted text end of a rail usernew text begin or
a rail carriernew text end ;
(3) new text begin to pay a portion of the costs of rehabilitation projects designed to improve rail
service of a rail user or a rail carrier;
new text end
new text begin (4) new text end to acquire, maintain, manage, and dispose of railroad right-of-way pursuant to
the state rail bank program;
deleted text begin (4)deleted text end new text begin (5) new text end to provide for aerial photography survey of proposed and abandoned railroad
tracks for the purpose of recording and reestablishing by analytical triangulation the
existing alignment of the inplace track;
deleted text begin (5)deleted text end new text begin (6) new text end to pay a portion of the costs of acquiring a rail line by a regional railroad
authority established pursuant to chapter 398A;
deleted text begin (6)deleted text end new text begin (7) new text end to pay the state matching portion of federal grants for rail-highway grade
crossing improvement projects.
(b) All money derived by the commissioner from the disposition of railroad
right-of-way or of any other property acquired pursuant to sections 222.46 to 222.62 shall
be deposited in the rail service improvement account.
Sec. 5.
Minnesota Statutes 2006, section 222.63, subdivision 4, is amended to read:
Subd. 4.
Disposition permitted.
(a) The commissioner may lease any rail line or
right-of-way held in the state rail bank or enter into an agreement with any person for the
operation of any rail line or right-of-way for any of the purposes set forth in subdivision 2
in accordance with a fee schedule to be developed by the commissioner.
(b) The commissioner may convey any rail line or right-of-way, for consideration or
for no consideration and upon other terms as the commissioner may determine to be in
the public interest, to any other state agency or to a governmental subdivision of the state
having power by law to utilize it for any of the purposes set forth in subdivision 2.
(c) The commissioner may convey a portion of previously acquired rail bank
right-of-way to a state agency or governmental subdivision when the commissioner
determines that:
(1) the portion to be conveyed is in excess of that needed for the purposes stated in
subdivision 2;
(2) the conveyance is upon terms and conditions agreed upon by both the
commissioner and the state agency or governmental subdivision;
(3) after the sale, the rail bank corridor will continue to meet the future public and
commercial transportation and transmission needs of the state; and
(4) the conveyance will not reduce the width of the rail bank corridor to less than
deleted text begin 50deleted text end new text begin 100new text end feet.
(d) The commissioner may lease previously acquired state rail bank right-of-way to
a state agency or governmental subdivision or to a private entity for nontransportation
purposes when:
(1) the portion to be leased is in excess of that needed for the purposes stated in
subdivision 2;
(2) the lease will not reduce the useable width of the rail bank corridor to less than
deleted text begin 50deleted text end new text begin 100new text end feet;
(3) the cost of the lease is based on the fair market value of the portion to be leased,
as determined by appraisal;
(4) the lease allows the commissioner to terminate the lease on 90 days' written
notice to the lessee; and
(5) the lease prohibits the construction or erection of any permanent structure within
the deleted text begin 50-footdeleted text end new text begin 100-footnew text end rail bank corridor and requires any structure erected on the leased
property to be removed and the land restored to its original condition on 90 days' written
notice to the lessee.
(e) Proceeds from a sale or lease must be deposited in the rail bank maintenance
account described in subdivision 8.
Sec. 6.
Minnesota Statutes 2006, section 222.63, is amended by adding a subdivision
to read:
new text begin Subd. 9. new text end
new text begin Rail bank property use; misdemeanors. new text end
new text begin
(a) Except for the actions of
road authorities and their agents, employees, and contractors, and of utilities, in carrying
out their duties imposed by permit, law, or contract, and except as otherwise provided in
this section, it is unlawful to perform any of the following activities on rail bank property:
new text end
new text begin
(1) obstruct any trail;
new text end
new text begin
(2) deposit snow or ice;
new text end
new text begin
(3) remove or place any earth, gravel, or rock without authorization;
new text end
new text begin
(4) obstruct or remove any ditch-draining device, or drain any harmful or dangerous
materials;
new text end
new text begin
(5) erect a fence, or place or maintain any advertising, sign, or memorial;
new text end
new text begin
(6) remove, injure, displace, or destroy right-of-way markers or reference or witness
monuments or markers placed to preserve section or quarter-section corners defining
rail bank property limits;
new text end
new text begin
(7) drive upon any portion of rail bank property, except at approved crossings, and
except where authorized for snowmobiles, emergency vehicles, or maintenance vehicles;
new text end
new text begin
(8) deface, mar, damage, or tamper with any structure, work, material, sign, marker,
paving, guardrail, drain, or any other rail bank appurtenance; or
new text end
new text begin
(9) park, overhang, or abandon any unauthorized vehicle or implement of husbandry
on, across, or over the limits of rail bank property.
new text end
new text begin
(b) Any violation of this subdivision is a misdemeanor.
new text end
new text begin
(c) The cost to remove, repair, or perform any other corrective action necessitated by
a violation of this subdivision may be charged to the violator.
new text end