SF 2583

Introduction - 94th Legislature (2025 - 2026)

Posted on 03/18/2025 09:24 a.m.

A bill for an act
relating to transportation; requiring Department of Transportation to publish certain
notices and information for road easement projects; proposing coding for new law
in Minnesota Statutes, chapter 160.

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

Section 1.

new text begin [160.086] ROAD EASEMENT INFORMATION REQUIRED.
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new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meanings given.
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new text begin (b) "Easement" means the acquisition or designation of private or public land for the
purpose of constructing, maintaining, or improving public roads or related infrastructure.
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new text begin (c) "Minimum standards" means the minimum design standards specified for rural and
suburban undivided roadways specified in Minnesota Rules, parts 8820.9920 and 8820.9926.
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new text begin (d) "Public report" means a publicly available written report outlining the justification
and details for an easement.
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new text begin (e) "Road authority" means the commissioner for roads and highways under state
jurisdiction and a county for roads and highways under a county's jurisdiction.
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new text begin Subd. 2. new text end

new text begin Justification required for certain projects. new text end

new text begin Before a relevant road authority
proceeds with acquiring an easement for a road construction, reconstruction, or reconditioning
project for a rural or suburban undivided roadway, the road authority must determine whether
the project meets the commissioner's minimum standards. If the easement is used for the
construction, reconstruction, or reconditioning of a roadway at a greater road width than
specified in the minimum standards, the relevant road authority may only acquire the land
for drainage or road safety reasons. Before acquiring the easement and proceeding with the
road construction, reconstruction, or reconditioning project, the road authority must:
new text end

new text begin (1) publish a public report that meets the requirements of subdivision 3; and
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new text begin (2) provide justification for the easement at a public or county board hearing detailing
where the easement is proposed to be acquired.
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new text begin Subd. 3. new text end

new text begin Public report requirements; format and accessibility; public comment. new text end

new text begin (a)
The road authority's public report must include the following information:
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new text begin (1) a clear description of the proposed easement, project scope, location, dimensions,
and purpose; and
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new text begin (2) a detailed description of the necessity of the proposed easement, including:
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new text begin (i) safety concerns, including but not limited to the mitigation of traffic hazards, visibility
issues, or any other motivation for the easement;
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new text begin (ii) drainage concerns, such as alleviating flooding, improving water runoff or quality,
or ensuring compliance with environmental standards; or
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new text begin (iii) a statement explicitly declaring that no safety or drainage reasons exist for the
easement.
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new text begin (b) The road authority must prepare the public report free of excessive technical jargon,
format the report for ease of public understanding, and publish the report on the road
authority's website and project website where applicable. The public must be provided an
opportunity to submit written comments on the proposed easement. A minimum of 30 days
must be provided for public review and comment on the public report before any action is
taken on the proposed easement.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2025, and applies to road
construction projects on or after that date.
new text end