HF 2514

1st Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to highways; providing for exemption from 
  1.3             liability for rustic roads under certain conditions; 
  1.4             amending Minnesota Statutes 1994, section 160.83, by 
  1.5             adding a subdivision. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1994, section 160.83, is 
  1.8   amended by adding a subdivision to read: 
  1.9      Subd. 5.  [LIABILITY.] A rustic road may be maintained at a 
  1.10  level less than the minimum standards required for state-aid 
  1.11  highways, roads, and streets, but must be maintained at the 
  1.12  level required to serve anticipated traffic volumes.  Where a 
  1.13  road has been designated by resolution as a rustic road and 
  1.14  speed limits have been posted under subdivision 1, the road 
  1.15  authority with jurisdiction over the road, and its officers and 
  1.16  employees, are exempt from liability for any tort claim for 
  1.17  injury to person or property arising from travel on the rustic 
  1.18  road related to its maintenance, design, or condition if: 
  1.19     (1) the maintenance, design, or condition is consistent 
  1.20  with the anticipated use as described in subdivision 2; and 
  1.21     (2) the maintenance, design, or condition is not negligent. 
  1.22     Nothing in this subdivision exempts a road authority from 
  1.23  its duty to maintain bridges under chapter 165 or other 
  1.24  applicable law.