HF 2828

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to local government; permitting an owner of property on an island to
obtain a cartway to obtain access from the property to a navigable waterway;
amending Minnesota Statutes 2006, section 164.08, subdivision 2.

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

Section 1.

Minnesota Statutes 2006, section 164.08, subdivision 2, is amended to read:

Subd. 2.

Mandatory establishment; conditions.

(a) Upon petition presented to
the town board by the owner of a tract of land containing at least five acres, who has no
access thereto except over a navigable waterway or over the lands of others, or whose
access thereto is less than two rods in width, the town board by resolution shall establish
a cartway at least two rods wide connecting the petitioner's land with a public road. A
town board shall establish a cartway upon a petition of an owner of a tract of land that,
as of January 1, 1998, was on record as a separate parcel, contained at least two but less
than five acres, and has no access thereto except over a navigable waterway or over the
lands of others. The town board may select an alternative route other than that petitioned
for if the alternative is deemed by the town board to be less disruptive and damaging to
the affected landowners and in the public's best interest.

(b) In an unorganized territory, the board of county commissioners of the county in
which the tract is located shall act as the town board. The proceedings of the town board
shall be in accordance with section 164.07.

(c) The amount of damages shall be paid by the petitioner to the town before
such cartway is opened. For the purposes of this subdivision damages shall mean the
compensation, if any, awarded to the owner of the land upon which the cartway is
established together with the cost of professional and other services, hearing costs,
administrative costs, recording costs, and other costs and expenses which the town may
incur in connection with the proceedings for the establishment of the cartway. The town
board may by resolution require the petitioner to post a bond or other security acceptable
to the board for the total estimated damages before the board takes action on the petition.

(d) Town road and bridge funds shall not be expended on the cartway unless the town
board, or the county board acting as the town board in the case of a cartway established
in an unorganized territory, by resolution determines that an expenditure is in the public
interest. If no resolution is adopted to that effect, the grading or other construction work
and the maintenance of the cartway is the responsibility of the petitioner, subject to the
provisions of section 164.10.

(e) After the cartway has been constructed the town board, or the county board in
the case of unorganized territory, may by resolution designate the cartway as a private
driveway with the written consent of the affected landowner in which case from the
effective date of the resolution no town road and bridge funds shall be expended for
maintenance of the driveway; provided that the cartway shall not be vacated without
following the vacation proceedings established under section 164.07.

new text begin (f) If a tract of land described in paragraph (a) is on an island that is not accessible
by a bridge usable by motor vehicles, the town board shall, upon petition of the property
owner, by resolution establish a cartway that provides the property owner reasonable
access to a navigable waterway by motor vehicle. The access point must be one at which
it would be reasonably possible for the property owner to arrive at or depart from the
island by boat or snowmobile, depending upon the season.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end