HF 2072

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to highways; requiring notice to landowners 
  1.3             and assessor before certain roads or highways may be 
  1.4             dedicated to public use; allowing adjacent landowners 
  1.5             to petition road authority to establish, alter, or 
  1.6             vacate a public road; amending Minnesota Statutes 
  1.7             1996, sections 103E.615, subdivision 4; 160.05, 
  1.8             subdivision 1; 163.12, subdivision 1; 163.13, 
  1.9             subdivision 1; 164.06, subdivision 1; 164.08, 
  1.10            subdivisions 1 and 2; 164.12, subdivisions 1 and 3; 
  1.11            164.14, subdivisions 1 and 3; 164.35, subdivision 4; 
  1.12            and 282.04, subdivision 5; proposing coding for new 
  1.13            law in Minnesota Statutes, chapter 160; repealing 
  1.14            Minnesota Statutes 1996, section 164.07. 
  1.15  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.16     Section 1.  Minnesota Statutes 1996, section 103E.615, 
  1.17  subdivision 4, is amended to read: 
  1.18     Subd. 4.  [ASSESSMENT FOR VACATED TOWN ROADS ROAD.] If a 
  1.19  town road authority, as defined in section 160.055, is assessed 
  1.20  for benefits to a town road in a drainage project proceeding 
  1.21  under this chapter and the town road is later vacated by 
  1.22  the town board road authority under section 164.07 160.055, 
  1.23  the town board road authority may petition the drainage 
  1.24  authority to cancel the assessment.  The drainage authority may 
  1.25  cancel the assessment if it finds that the town road for which 
  1.26  benefits are assessed has been vacated under section 164.07 
  1.27  160.055. 
  1.28     Sec. 2.  Minnesota Statutes 1996, section 160.05, 
  1.29  subdivision 1, is amended to read: 
  1.30     Subdivision 1.  [SIX YEARS.] When Following 30 days' notice 
  2.1   to adjoining landowners and published notice, as defined in 
  2.2   section 645.11, any road or portion of a road that has been used 
  2.3   and kept in repair and worked for at least six years 
  2.4   continuously as a public highway by a road authority, it shall 
  2.5   be deemed dedicated to the public to the width of the actual use 
  2.6   and.  It shall be so dedicated only upon notice to the local 
  2.7   assessor for purposes of section 273.12 and shall remain, until 
  2.8   lawfully vacated, a public highway whether it has ever been 
  2.9   established as a public highway or not.  Nothing contained in 
  2.10  this subdivision shall impair the right, title, or interest of 
  2.11  the water department of any city of the first class secured 
  2.12  under Special Laws 1885, chapter 110.  This subdivision shall 
  2.13  apply to roads and streets, as defined in section 160.055, 
  2.14  except platted streets within cities. 
  2.15     Sec. 3.  [160.055] [PETITION TO ESTABLISH, ALTER, OR VACATE 
  2.16  ROAD.] 
  2.17     Subdivision 1.  [ROAD AUTHORITY DEFINED.] For purposes of 
  2.18  this section: 
  2.19     (a) "Road authority" means a county board, as to county 
  2.20  highways and county state-aid highways; the governing body of a 
  2.21  statutory or home rule charter city, as to city streets and 
  2.22  municipal state-aid streets; the town board as to town roads; 
  2.23  and the government body having jurisdiction, as to park roads, 
  2.24  forest roads, minimum-maintenance roads, rustic roads, and 
  2.25  natural preservation routes. 
  2.26     (b) "Road" includes the several types of public way listed 
  2.27  in paragraph (a). 
  2.28     Subd. 2.  [AUTHORIZATION; PETITION.] A road authority may 
  2.29  establish, alter, or vacate a road upon a petition of not less 
  2.30  than eight landowners adjacent to the road proposed to be 
  2.31  established, altered, or vacated; provided, that in any 
  2.32  jurisdiction not having eight landowners adjacent to the road, 
  2.33  the road authority may alter, vacate, or establish the road upon 
  2.34  a petition signed by a lesser number of abutting landowners.  
  2.35  The petition must contain a description of the road and what 
  2.36  part of it is to be altered or vacated, or, if a new road, the 
  3.1   names of the abutting landowners, if known, where the road is to 
  3.2   pass, and its point of beginning, general course, and 
  3.3   termination. 
  3.4      Subd. 3.  [HEARING; NOTICE.] (a) The petition must be filed 
  3.5   with the road authority.  Within 30 days, the road authority 
  3.6   shall issue an order describing as nearly as practicable the 
  3.7   road proposed to be established, altered, or vacated and the 
  3.8   several tracts of land through which it passes.  The road 
  3.9   authority shall fix a time and place when and where it will meet 
  3.10  and act upon the petition.  The petitioners shall provide for 30 
  3.11  days' published notice, as defined in section 645.11, cause 
  3.12  personal service of the order to be made upon each occupant of 
  3.13  those tracts of land at least 30 days before the meeting, and 
  3.14  cause ten days' posted notice of the meeting to be given.  
  3.15     (b) In addition, the petitioners shall serve notice of the 
  3.16  order by certified mail upon the commissioner of natural 
  3.17  resources at least 30 days before the meeting if the road to be 
  3.18  vacated terminates at or abuts upon any public water.  The 
  3.19  notice under this paragraph is for notification purposes only 
  3.20  and does not create a right of intervention by the commissioner 
  3.21  of natural resources. 
  3.22     Subd. 4.  [EXAMINATION OF PROPOSED ROAD.] At the time and 
  3.23  place designated, the road authority shall meet and, on proof by 
  3.24  affidavit of the giving of the notices required in subdivision 
  3.25  3, it shall examine the road proposed to be established, 
  3.26  altered, or vacated, hear all parties interested, and determine 
  3.27  whether it will grant or refuse the petition.  If the petition 
  3.28  is refused, the fact must be noted on the back of the petition.  
  3.29     Subd. 5.  [DRAINAGE FACILITIES.] On consideration of a 
  3.30  petition for vacation of a road, the road authority shall 
  3.31  determine whether the lateral ditches, if any, of the road are 
  3.32  essential for surface drainage of adjacent lands or for drainage 
  3.33  of trunk highways or other roads in the area.  If the road 
  3.34  authority finds that preservation of the drainage facilities is 
  3.35  for the general health and welfare of the public, then the road 
  3.36  authority may vacate the road with a provision that the road 
  4.1   authority shall retain the right of access for maintaining the 
  4.2   drainage facilities.  An owner of land adjacent to the vacated 
  4.3   portion of the road shall not interfere with the functioning of 
  4.4   the drainage facilities.  
  4.5      Subd. 6.  [SURVEY.] If the petition is granted, the road 
  4.6   authority, as it deems necessary, shall cause a survey to be 
  4.7   made.  When the center of the road does not follow a section 
  4.8   line or some subdivisional line of a section, the surveyor shall 
  4.9   note the distance to the point on any course at which the course 
  4.10  will intersect a section line, and the distance of the point of 
  4.11  intersection from the most convenient section, quarter-section, 
  4.12  or meander corner, as established by the government survey; and 
  4.13  the notes of those intersections, and a description of the road 
  4.14  so established, altered, or vacated must be incorporated in an 
  4.15  order to be signed by the road authority. 
  4.16     Subd. 7.  [DAMAGES.] The damages sustained by reason of 
  4.17  establishing, altering, or vacating a road may be ascertained by 
  4.18  the agreement of the owners and the road authority; and unless 
  4.19  an agreement is made, or the owners release in writing all 
  4.20  claims to damages, damages must be assessed and awarded before 
  4.21  the road is opened, worked, or used.  Every agreement and 
  4.22  release must be filed with the road authority and are final as 
  4.23  to the matters contained in them.  The road authority shall 
  4.24  assess the damages of each claimant with whom it cannot agree, 
  4.25  or who is unknown, specifying the amount awarded to each and 
  4.26  briefly describing each parcel of land.  In ascertaining the 
  4.27  damages to be sustained by any owner, the road authority shall 
  4.28  determine the money value of the benefits that the 
  4.29  establishment, alteration, or vacation will confer and deduct 
  4.30  the benefits, if any, from the damages, if any, and award the 
  4.31  difference, if any, as damages.  
  4.32     Subd. 8.  [FILING OF AWARD; NOTIFICATION.] The award of 
  4.33  damages must be filed with the road authority.  Within seven 
  4.34  days after filing, the road authority shall notify, in writing, 
  4.35  each known owner and occupant of each tract of the filing of the 
  4.36  award of damages.  The notification must set forth the date of 
  5.1   the award, the amount of the award of damages, and any terms or 
  5.2   conditions of the award.  The notification must include a clear 
  5.3   and coherent explanation, written in language using words with 
  5.4   common and everyday meanings, of the requirements for appealing 
  5.5   the award of damages under subdivision 9. 
  5.6      Subd. 9.  [APPEAL.] Within 40 days after the filing of the 
  5.7   award of damages, an owner or occupant may appeal from the award 
  5.8   by filing a notice of appeal with the court administrator of the 
  5.9   district court of the county where the lands lie.  The notice of 
  5.10  appeal must be accompanied by a bond of not less than $250, with 
  5.11  sufficient surety approved by the judge conditioned to pay all 
  5.12  costs arising from the appeal in case the award is sustained.  A 
  5.13  copy of the notice must be mailed by registered or certified 
  5.14  mail to any member of the road authority.  The notice of appeal 
  5.15  must specify the award or failure to award appealed from, the 
  5.16  land to which it relates, the nature and amount of the 
  5.17  appellant's claim, and the grounds of the appeal. 
  5.18     Subd. 10.  [TRIAL.] The appeal must be entered upon the 
  5.19  calendar for trial at the next general term of the court 
  5.20  occurring more than 20 days after the appeal is perfected.  It 
  5.21  must be tried in the same manner as an appeal in eminent domain 
  5.22  proceedings under chapter 117.  The prevailing party shall 
  5.23  recover costs and disbursements as in other civil cases and 
  5.24  judgment must be entered upon the verdict.  
  5.25     Subd. 11.  [PAYMENT.] If no appeal is taken within the 
  5.26  appeal period, the award is considered the same as a judgment.  
  5.27  Sections 365.41 and 365.42 apply as to payment of all awards and 
  5.28  judgments; and the award or judgment must draw interest at the 
  5.29  rate of six percent per annum to date of payment.  The duty of 
  5.30  the road authority to pay the award or final judgment must be 
  5.31  held and construed to be just compensation or the securing of 
  5.32  just compensation within the meaning of the constitution.  
  5.33     Subd. 12.  [APPEAL NOT TO DELAY PROSECUTION OF 
  5.34  IMPROVEMENT.] After the award of damages has been filed, the 
  5.35  road authority may proceed to open, construct, alter, or change 
  5.36  the road.  An appeal from the award of damages does not delay 
  6.1   the prosecution of the proposed improvement, and the road 
  6.2   authority may proceed as if no appeal had been taken.  
  6.3      Subd. 13.  [ORDER.] An order establishing, altering, or 
  6.4   vacating a road must be recorded, a copy of it certified as true 
  6.5   and correct, and must be forthwith filed for record with the 
  6.6   county recorder or registrar of titles of the county within 
  6.7   which the land and premises are located.  The certified copy of 
  6.8   the order must be first presented to the county auditor who 
  6.9   shall enter it in the transfer records and note upon the 
  6.10  certified copy over the auditor's official signature, the words 
  6.11  "entered in the transfer record."  The order or a certified copy 
  6.12  must be received in all courts as competent evidence of the 
  6.13  facts contained in it and is prima facie evidence of the 
  6.14  regularity of the proceedings prior to its making, except upon 
  6.15  the hearing of an appeal. 
  6.16     Subd. 14.  [REFUSAL TO ESTABLISH.] The determination of a 
  6.17  road authority refusing to establish, alter, or vacate a road is 
  6.18  final, unless appealed from, for one year from the filing of its 
  6.19  order; and no petition for establishing, altering, or vacating 
  6.20  the road may be acted upon within that time.  In case its 
  6.21  determination granting a petition is appealed from and reversed, 
  6.22  it shall not within one year from the date of that determination 
  6.23  entertain a petition having the same or a similar object. 
  6.24     Sec. 4.  Minnesota Statutes 1996, section 163.12, 
  6.25  subdivision 1, is amended to read: 
  6.26     Subdivision 1.  [COUNTY BOARD MAY ELECT.] Notwithstanding 
  6.27  section 160.055, if the county board so elects, it may adopt the 
  6.28  procedure hereinafter set forth for the acquisition of lands or 
  6.29  properties needed for the acquisition or alteration of a county 
  6.30  highway and county state-aid highways.  
  6.31     Sec. 5.  Minnesota Statutes 1996, section 163.13, 
  6.32  subdivision 1, is amended to read: 
  6.33     Subdivision 1.  [CONTENTS OF PETITION.] Any person who owns 
  6.34  real estate in a county may petition the county board to 
  6.35  establish, alter, or vacate a county highway or portage.  The 
  6.36  petition shall set forth the beginning, course, and termination 
  7.1   of the highway or portage with reasonable definiteness.  It 
  7.2   shall be filed with the county auditor and shall be considered 
  7.3   at the next regular county board meeting.  The board shall hear 
  7.4   all interested persons at that meeting or at such continued 
  7.5   meetings as the board deems necessary.  
  7.6      Sec. 6.  Minnesota Statutes 1996, section 164.06, 
  7.7   subdivision 1, is amended to read: 
  7.8      Subdivision 1.  [AUTHORIZATION.] A town board, when 
  7.9   authorized by a vote of the electors at the annual meeting, or 
  7.10  at a special meeting called for that purpose, may establish, 
  7.11  alter, or vacate a town road, including those dedicated to the 
  7.12  public by plat, in accordance with section 164.07 160.055, 
  7.13  subdivisions 2 to 12 3 to 14, and may acquire the right-of-way 
  7.14  as may be necessary for the road by gift, purchase or as 
  7.15  provided in section 164.07 160.055. 
  7.16     Sec. 7.  Minnesota Statutes 1996, section 164.08, 
  7.17  subdivision 1, is amended to read: 
  7.18     Subdivision 1.  [PERMITTED ESTABLISHMENT; CONDITIONS.] The 
  7.19  town board by resolution may establish a cartway two rods wide 
  7.20  and not more than one-half mile in length upon petition 
  7.21  presented to the town board signed by at least five voters, 
  7.22  freeholders of the town, requesting the cartway on a section 
  7.23  line to serve a tract or tracts of land consisting of at least 
  7.24  150 acres of which at least 100 acres are tillable.  If the 
  7.25  petition is granted the proceedings of the town board shall be 
  7.26  in accordance with section 164.07 160.055. 
  7.27     Sec. 8.  Minnesota Statutes 1996, section 164.08, 
  7.28  subdivision 2, is amended to read: 
  7.29     Subd. 2.  [MANDATORY ESTABLISHMENT; CONDITIONS.] Upon 
  7.30  petition presented to the town board by the owner of a tract of 
  7.31  land containing at least five acres, who has no access thereto 
  7.32  except over the lands of others, or whose access thereto is less 
  7.33  than two rods in width, the town board by resolution shall 
  7.34  establish a cartway at least two rods wide connecting the 
  7.35  petitioner's land with a public road.  The town board may select 
  7.36  an alternative route other than that petitioned for if the 
  8.1   alternative is deemed by the town board to be less disruptive 
  8.2   and damaging to the affected landowners and in the public's best 
  8.3   interest.  In an unorganized territory, the board of county 
  8.4   commissioners of the county in which the tract is located shall 
  8.5   act as the town board.  The proceedings of the town board shall 
  8.6   be in accordance with section 164.07 160.055.  The amount of 
  8.7   damages shall be paid by the petitioner to the town before such 
  8.8   cartway is opened.  For the purposes of this subdivision damages 
  8.9   shall mean the compensation, if any, awarded to the owner of the 
  8.10  land upon which the cartway is established together with the 
  8.11  cost of professional and other services which the town may incur 
  8.12  in connection with the proceedings for the establishment of the 
  8.13  cartway.  The town board may by resolution require the 
  8.14  petitioner to post a bond or other security acceptable to the 
  8.15  board for the total estimated damages before the board takes 
  8.16  action on the petition. 
  8.17     Town road and bridge funds shall not be expended on the 
  8.18  cartway unless the town board, or the county board acting as the 
  8.19  town board in the case of a cartway established in an 
  8.20  unorganized territory, by resolution determines that an 
  8.21  expenditure is in the public interest.  If no resolution is 
  8.22  adopted to that effect, the grading or other construction work 
  8.23  and the maintenance of the cartway is the responsibility of the 
  8.24  petitioner, subject to the provisions of section 164.10.  After 
  8.25  the cartway has been constructed the town board, or the county 
  8.26  board in the case of unorganized territory, may by resolution 
  8.27  designate the cartway as a private driveway with the written 
  8.28  consent of the affected landowner in which case from the 
  8.29  effective date of the resolution no town road and bridge funds 
  8.30  shall be expended for maintenance of the driveway; provided that 
  8.31  the cartway shall not be vacated without following the vacation 
  8.32  proceedings established under section 164.07 160.055. 
  8.33     Sec. 9.  Minnesota Statutes 1996, section 164.12, 
  8.34  subdivision 1, is amended to read: 
  8.35     Subdivision 1.  [PROPOSAL TO ESTABLISH.] When adjoining 
  8.36  towns propose to establish, alter, or vacate a road on or along 
  9.1   the line between such towns they shall proceed as hereinafter 
  9.2   provided in this section and section 160.055. 
  9.3      Sec. 10.  Minnesota Statutes 1996, section 164.12, 
  9.4   subdivision 3, is amended to read: 
  9.5      Subd. 3.  [AGREEMENT.] After the division the boards shall 
  9.6   enter into an agreement specifying which part shall be vacated, 
  9.7   or opened, constructed, and maintained by each.  Thereafter, 
  9.8   each board shall proceed in the manner and subject to the same 
  9.9   review as provided in section 164.06 or section 164.07 160.055. 
  9.10     Sec. 11.  Minnesota Statutes 1996, section 164.14, 
  9.11  subdivision 1, is amended to read: 
  9.12     Subdivision 1.  [PROPOSAL TO ESTABLISH.] When a town and an 
  9.13  adjoining city propose to establish, alter, or vacate a road on 
  9.14  or along the line between the town and the adjoining city, they 
  9.15  may proceed as hereinafter provided in this section and section 
  9.16  160.055.  
  9.17     Sec. 12.  Minnesota Statutes 1996, section 164.14, 
  9.18  subdivision 3, is amended to read: 
  9.19     Subd. 3.  [JOINT RESOLUTION.] After entering into the 
  9.20  agreement the town board and the governing body of the city, by 
  9.21  joint resolution shall establish, alter, or vacate the road in 
  9.22  accordance with the agreement and section 160.055.  The town 
  9.23  board and the statutory or home rule charter city shall each 
  9.24  proceed in the manner and subject to the same review as provided 
  9.25  in section 164.06 or section 164.07, and the city shall proceed 
  9.26  in the manner provided by law for the establishment, alteration, 
  9.27  or vacation, as the case may be, of city streets 160.055.  
  9.28     Sec. 13.  Minnesota Statutes 1996, section 164.35, 
  9.29  subdivision 4, is amended to read: 
  9.30     Subd. 4.  [PROCEDURE TO ADOPT MAP.] (a) The town board 
  9.31  shall pass a resolution of its intent to hold a public hearing 
  9.32  to consider recording roads by adopting an official map.  
  9.33     (b) The town board must prepare an official map as provided 
  9.34  in subdivision 3, and set a time, place, and date for a public 
  9.35  hearing on adopting a recorded town road map to record roads.  
  9.36     (c) The hearing notice must state that the roads to be 
 10.1   recorded will be as four rod roads with the official and 
 10.2   permanent alignment being 33 feet on either side of the existing 
 10.3   center line, except that (1) townline roads may be recorded for 
 10.4   only the 33 feet located within the town holding that public 
 10.5   hearing, and (2) a road previously recorded as less or greater 
 10.6   than a 66-foot right-of-way may be recorded at its actual width 
 10.7   and the width must be duly recorded on the map.  The hearing 
 10.8   notice must be published once a week for two successive weeks in 
 10.9   a qualified newspaper of general circulation that serves the 
 10.10  town, the last publication to be made at least ten days before 
 10.11  the date of the public hearing.  At least 30 days before the 
 10.12  hearing, the hearing notice must be sent by mail to the property 
 10.13  owners directly affected in the town at the addresses listed on 
 10.14  tax assessment notices.  The hearing notice may be sent with the 
 10.15  tax assessment but all additional costs incurred may be billed 
 10.16  to the town.  
 10.17     (d) After the public hearing is held, the town board may 
 10.18  amend and adopt the recorded town road map.  The recorded town 
 10.19  road map must be adopted by resolution and the map must be dated 
 10.20  and signed by the chair and clerk of the town board and must be 
 10.21  recorded with the county recorder within 90 days after the map 
 10.22  is adopted.  
 10.23     (e) The map of recorded town roads that is recorded with 
 10.24  the county recorder must comply with the standards of the county 
 10.25  recorder where the town is located. 
 10.26     (f) A recorded town road map that was prepared by using 
 10.27  aerial photographs to establish road center lines and that has 
 10.28  been duly recorded with the county recorder, is an adequate 
 10.29  description for purposes of recording road easements and the map 
 10.30  is the legally constituted description and prevails when a deed 
 10.31  for a parcel abutting a road contains no reference to a road 
 10.32  easement.  Nothing prevents the town board from accepting a more 
 10.33  definitive metes and bounds or survey description of a road 
 10.34  easement for a road of record in its jurisdiction providing the 
 10.35  description of the easement is referenced to equal distance on 
 10.36  both sides of the existing road center line.  
 11.1      (g) To the extent this section requires recording or 
 11.2   dedicating a town road to a width greater than that of its 
 11.3   previous, actual public use, section 164.07 160.055 governs any 
 11.4   award or procedures relating to damages sustained, if any, by 
 11.5   the affected property owner. 
 11.6      Sec. 14.  Minnesota Statutes 1996, section 282.04, 
 11.7   subdivision 5, is amended to read: 
 11.8      Subd. 5.  [COUNTY NOT A ROAD AUTHORITY FOR ROADS USED FOR 
 11.9   MANAGING CERTAIN TAX-FORFEITED LANDS.] Notwithstanding section 
 11.10  160.02, subdivision 9, a county is not a road authority under 
 11.11  section 160.05 or 160.055 with respect to a road constructed, 
 11.12  acquired, maintained, or administered by the county for the 
 11.13  purpose of managing tax-forfeited lands that have been 
 11.14  classified as conservation lands under this chapter. 
 11.15     Sec. 15.  [REPEALER.] 
 11.16     Minnesota Statutes 1996, section 164.07, is repealed.