HF 1981

2nd Engrossment - 88th Legislature (2013 - 2014) Posted on 05/16/2014 06:14pm

A bill for an act
relating to transportation; roads; eliminating the sunset of certain snow removal
authority; amending Minnesota Statutes 2013 Supplement, section 160.21,
subdivision 6.

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

Section 1.

Minnesota Statutes 2013 Supplement, section 160.21, subdivision 6, is
amended to read:

Subd. 6.

Uncompleted subdivisions.

(a) A road authority, including a statutory or
home rule charter city, may remove snow from unopened or private roads in uncompleted
subdivisions containing five or more lots, upon adoption of an annual resolution finding
that the subdivision developer, due to general insolvency or pending foreclosure, is unable
to maintain the roads and that public safety may be jeopardized if the access of school
buses, public works vehicles, or authorized emergency vehicles, as defined in section
169.011, subdivision 3, is obstructed. Snow removal activities are limited to streets
reasonably necessary for access by these buses or vehicles.

(b) Snow removal under this subdivision does not constitute:

(1) acceptance of the road from the developer by the road authority for public use;

(2) the opening of the road to public use; nor

(3) a use, repair, or maintenance of the road sufficient for the purposes of dedication
of roads under section 160.05.

(c) The road authority may impose a reasonable and proportionate charge on all
properties within the subdivision for services provided under this subdivision. These
charges, if unpaid, may constitute a lien upon the properties within the subdivision and
may be collected as a special assessment as provided by section 429.101 or by charter.

(d) Where a road has been maintained pursuant to this subdivision, the road authority
with jurisdiction over the road, and its officers and employees, are exempt from liability
for any tort claim for injury to person or property arising from plowing, maintaining,
or otherwise working on the road and from traveling on the road and related to its
maintenance or condition. This paragraph does not apply to a claim for injury that is
affirmatively caused by a negligent act of the road authority or its officers and employees.

deleted text begin (e) This subdivision expires May 2, 2014.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies retroactively to May 2, 2014.
new text end