HF 1376

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to transportation; amending requirements for expedited extinguishment
of interest in a town road; nullifying such extinguishments under certain
circumstances; amending Minnesota Statutes 2006, section 164.06, subdivision 2.

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

Section 1.

Minnesota Statutes 2006, section 164.06, subdivision 2, is amended to read:

Subd. 2.

Extinguishing interest in abandoned road.

(a) After providing notice
deleted text begin under section 366.01, subdivision 8 deleted text end new text begin as required in paragraph (c) new text end , the town board may by
resolution disclaim and extinguish a town interest in a town road without action under
subdivision 1 if:

(1) the extinguishment is found by the town board to be in the public interest;

(2) the interest is not a fee interest;

(3) the interest was established more than 25 years earlier;

(4) the interest is not recorded or filed with the county recorder;

(5) no road improvement has been constructed on a right-of-way affected by the
interest within the last 25 years; and

(6) no road maintenance on a right-of-way affected by the interest has occurred
within the last 25 years.

(b) The resolution shall be filed with the county auditor and recorded with the
county recorder.

new text begin (c) Before the meeting on any resolution to disclaim and extinguish a town interest
in a town road under this subdivision, the town board shall provide notice to affected
landowners in the same manner as a petitioner under section 164.07, subdivision 2. A
notice must also be posted as provided under section 366.01, subdivision 8.
new text end

Sec. 2. new text begin NULLIFICATION OF EXPEDITED TOWN ROAD EXTINGUISHMENT.
new text end

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

new text begin (1) the interest is not recorded or filed with the county recorder but is recorded
or filed with the county auditor;
new text end

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

new text begin (3) the affected road was the only means of access to a property; and
new text end

new text begin (4) the extinguishment took place within the last ten years.
new text end

new text begin (b) Notwithstanding Minnesota Statutes, section 164.08, subdivision 1, for any
nullification under paragraph (a), the affected road is hereby deemed to be a cartway.
The provisions of Minnesota Statutes, section 164.08, subdivision 2, apply except that
"petitioner" means the property owner for whom the only means of access to a property is
by way of the affected road, and that the petitioner must not be required to pay damages
for the land upon which the cartway is established, the cost of professional and other
services, hearing costs, administrative costs, recording costs, or other costs and expenses.
new text end

new text begin (c) For purposes of this section, "affected road" means the road that the town board
extinguished town interest in.
new text end

Sec. 3. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 and 2 are effective the day following final enactment.
new text end