HF 1257

1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to natural resources; authorizing a drainage 
  1.3             authority to compensate landowners for the removal of 
  1.4             a private bridge or culvert; amending Minnesota 
  1.5             Statutes 2002, section 103E.701, by adding a 
  1.6             subdivision. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2002, section 103E.701, is 
  1.9   amended by adding a subdivision to read: 
  1.10     Subd. 5a.  [COMPENSATION TO LANDOWNERS INSTEAD OF BRIDGE OR 
  1.11  CULVERT REPAIR.] In a repair proceeding under sections 103E.701 
  1.12  to 103E.745, if the drainage authority finds that repairs to a 
  1.13  private bridge or culvert are more expensive than compensation 
  1.14  to landowners for permanent removal of the bridge or culvert, 
  1.15  the drainage authority may order an amount of compensation to be 
  1.16  paid to all landowners directly benefiting from the bridge or 
  1.17  culvert, provided that: 
  1.18     (1) all landowners directly benefiting from the bridge or 
  1.19  culvert provide written consent for permanent removal of the 
  1.20  bridge or culvert; 
  1.21     (2) all landowners directly benefiting from the bridge or 
  1.22  culvert agree in writing to permanently waive any right to 
  1.23  repair or reconstruction of the bridge or culvert; and 
  1.24     (3) the compensation and cost of removing the bridge or 
  1.25  culvert is less than the cost of repair of the bridge or culvert.
  1.26     Sec. 2.  [EFFECTIVE DATE.] 
  2.1      This act is effective the day following final enactment.