HF 436

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to natural resources; requiring
commissioner's approval before vacating certain roads
adjacent to public waters; creating right of
intervention; amending Minnesota Statutes 2004,
sections 164.07, subdivision 2; 412.851; 505.14.

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

Section 1.

Minnesota Statutes 2004, section 164.07,
subdivision 2, is amended to read:

Subd. 2.

Hearing; notice.

(a) The petition shall be
filed with the town clerk, who shall forthwith present it to the
town board. The town board within 30 days thereafter shall make
an order describing as nearly as practicable the road proposed
to be established, altered, or vacated and the several tracts of
land through which it passes, and fixing a time and place when
and where it will meet and act upon the petition. The order
must also contain a notice to affected landowners that a
landowner is entitled to judicial review of damages, need, and
purpose under subdivision 7 following a determination to
establish or alter a road. The petitioners shall cause personal
service of such order and a copy of the petition to be made upon
each occupant of such land at least ten days before such meeting
and cause ten days' posted notice thereof to be given.

(b) In addition, the petitioners shall serve notice of the
order by certified mail upon the commissioner of natural
resources at least deleted text begin 30 deleted text end new text begin 60 new text end days before deleted text begin such deleted text end new text begin the new text end meeting new text begin required
under paragraph (a), new text end if the road to be vacated terminates at deleted text begin or deleted text end new text begin ,
new text end abuts upon new text begin , or is adjacent to new text end any public water. deleted text begin The notice
under this paragraph is for notification purposes only and does
not create a right of intervention by the commissioner of
natural resources. deleted text end new text begin No vacation of such a road shall be made
without the prior approval of the commissioner of natural
resources. The commissioner of natural resources shall evaluate
the proposed vacation and the public benefits to do so. The
commissioner of natural resources shall consider the present and
potential use of the land for access to public waters and how
the vacation would impact conservation of natural resources.
new text end

Sec. 2.

Minnesota Statutes 2004, section 412.851, is
amended to read:

412.851 VACATION OF STREETS.

The council may by resolution vacate any street, alley,
public grounds, public way, or any part thereof, on its own
motion or on petition of a majority of the owners of land
abutting on the street, alley, public grounds, public way, or
part thereof to be vacated. When there has been no petition,
the resolution may be adopted only by a vote of four-fifths of
all members of the council. No such vacation shall be made
unless it appears in the interest of the public to do so after a
hearing preceded by two weeks' published and posted notice. The
council shall cause written notice of the hearing to be mailed
to each property owner affected by the proposed vacation at
least ten days before the hearing. The notice must contain, at
minimum, a copy of the petition or proposed resolution as well
as the time, place, and date of the hearing. In addition, if
the street, alley, public grounds, public way, or any part
thereof terminates at deleted text begin or deleted text end new text begin , new text end abuts upon new text begin , or is adjacent to new text end any
public water, no vacation shall be made deleted text begin unless deleted text end new text begin without the prior
approval of the commissioner of natural resources. new text end Written
notice of the petition or proposed resolution deleted text begin is deleted text end new text begin must be new text end served
by certified mail upon the commissioner of natural resources at
least deleted text begin 30 deleted text end new text begin 60 new text end days before the hearing on the matter. deleted text begin The notice
to the commissioner of natural resources is for notification
purposes only and does not create a right of intervention by the
commissioner. deleted text end new text begin The commissioner of natural resources shall
evaluate the proposed vacation and the public benefits to do
so. The commissioner of natural resources shall consider the
present and potential use of the land for access to public
waters and how the vacation would impact conservation of natural
resources. new text end After a resolution of vacation is adopted, the clerk
shall prepare a notice of completion of the proceedings which
shall contain the name of the city, an identification of the
vacation, a statement of the time of completion thereof and a
description of the real estate and lands affected thereby. The
notice shall be presented to the county auditor who shall enter
the same in the transfer records and note upon the instrument,
over official signature, the words "entered in the transfer
record." The notice shall then be filed with the county
recorder. Any failure to file the notice shall not invalidate
any such vacation proceedings.

Sec. 3.

Minnesota Statutes 2004, section 505.14, is
amended to read:

505.14 VACATION.

Upon the application of the owner of land included in any
plat, and upon proof that all taxes assessed against such land
have been paid, and the notice hereinafter provided for given,
the district court may vacate or alter all, or any part, of such
plat, and adjudge the title to all streets, alleys, and public
grounds to be in the persons entitled thereto; but streets or
alleys connecting separate plats or lying between blocks or lots
or providing access for the public to any public water, shall
not be vacated between such lots, blocks, or plats as are not
also vacated, unless it appears that the street or alley or part
thereof sought to be vacated is useless for the purpose for
which it was laid out. If any part of a street, alley, or
public ground proposed for vacation terminates at deleted text begin or deleted text end new text begin , new text end abuts upon
new text begin , or is adjacent to new text end any public water, the petitioner shall serve
notice of the petition by certified mail upon the commissioner
of natural resources at least deleted text begin 30 deleted text end new text begin 60 new text end days before the term at
which it shall be heard. The notice under this subdivision deleted text begin is
for notification purposes only and does not create deleted text end new text begin creates new text end a
right of intervention by the commissioner of natural resources.
The petitioner shall cause two weeks published and posted notice
of such application to be given, the last publication to be at
least ten days before the term at which it shall be heard; and
the petitioner shall also serve personally, or cause to be
served personally, notice of such application, at least ten days
before the term at which the application shall be heard, upon
the mayor of the city, the president of the statutory city, or
the chair of the town board of the town where such land is
situated. The court shall hear all persons owning or occupying
land that would be affected by the proposed vacation, and if, in
the judgment of the court, the same would be damaged, the court
may determine the amount of such damage and direct its payment
by the applicant before the vacation or alteration shall take
effect. A certified copy of the order of the court shall be
filed with the county auditor, and recorded by the county
recorder. The district court shall not vacate or alter any
street, alley, or public ground dedicated to the public use in
or by any such plat in any city or town organized under a
charter or special law which provides a method of procedure for
the vacation of streets and public grounds by the municipal
authorities of such city or town.