HF 137

1st Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to railroads; imposing certain restrictions 
  1.3             on Dan Patch commuter rail line. 
  1.4   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.5      Section 1.  [DAN PATCH COMMUTER RAIL LINE; RESTRICTIONS.] 
  1.6      Subdivision 1.  [DEFINITION.] For purposes of this section, 
  1.7   "Dan Patch commuter rail line" means the commuter rail line 
  1.8   between the cities of Northfield and Minneapolis as identified 
  1.9   in the commissioner of transportation's commuter rail system 
  1.10  plan. 
  1.11     Subd. 2.  [PROPERTY ACQUISITION.] The commissioner of 
  1.12  transportation may not undertake any capital improvements, 
  1.13  including rail track construction, reconstruction, or upgrading, 
  1.14  whether directly or by contract, for the Dan Patch commuter rail 
  1.15  line unless the commissioner has first acquired, by purchase, 
  1.16  gift, or condemnation, or made a good-faith offer to purchase, 
  1.17  each parcel of real property that is (1) wholly or primarily 
  1.18  used for residential purposes, and (2) located in whole or in 
  1.19  part within 100 feet of the railroad right-of-way on which the 
  1.20  commuter rail line is or will be located. 
  1.21     Subd. 3.  [COMPLIANCE WITH FEDERAL REGULATIONS.] All 
  1.22  construction, reconstruction, and upgrading of railroad track 
  1.23  for the Dan Patch commuter rail line must comply with federal 
  1.24  regulations governing new railroad track construction. 
  2.1      Subd. 4.  [LOCAL APPROVAL.] (a) The commissioner of 
  2.2   transportation may not construct rail facilities or improve or 
  2.3   construct rail track in the Dan Patch commuter rail corridor 
  2.4   until: 
  2.5      (1) a public hearing on the physical design component of 
  2.6   the advanced corridor plan for the Dan Patch corridor has been 
  2.7   held as required by Minnesota Statutes, section 174.86, 
  2.8   subdivision 1; 
  2.9      (2) the physical design component of the advanced corridor 
  2.10  plan for that corridor has been submitted to the governing body 
  2.11  of each statutory or home rule charter city, county, and town as 
  2.12  required by Minnesota Statutes, section 174.86, subdivision 2; 
  2.13  and 
  2.14     (3) each city and town through which the corridor runs has 
  2.15  approved that part of the physical design component located 
  2.16  within the city's or town's boundaries. 
  2.17     (b) Failure by a city or town to disapprove the physical 
  2.18  design component within 45 days of the public hearing 
  2.19  constitutes approval.  Approval once given under paragraph (a) 
  2.20  may not be subsequently withdrawn. 
  2.21     [EFFECTIVE DATE.] This section is effective the day 
  2.22  following final enactment.