HF 436

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to natural resources; requiring 
  1.3             commissioner's evaluation before vacating certain 
  1.4             roads adjacent to public waters; creating right of 
  1.5             intervention; amending Minnesota Statutes 2004, 
  1.6             sections 164.07, subdivision 2; 412.851; 505.14. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2004, section 164.07, 
  1.9   subdivision 2, is amended to read: 
  1.10     Subd. 2.  [HEARING; NOTICE.] (a) The petition shall be 
  1.11  filed with the town clerk, who shall forthwith present it to the 
  1.12  town board.  The town board within 30 days thereafter shall make 
  1.13  an order describing as nearly as practicable the road proposed 
  1.14  to be established, altered, or vacated and the several tracts of 
  1.15  land through which it passes, and fixing a time and place when 
  1.16  and where it will meet and act upon the petition.  The order 
  1.17  must also contain a notice to affected landowners that a 
  1.18  landowner is entitled to judicial review of damages, need, and 
  1.19  purpose under subdivision 7 following a determination to 
  1.20  establish or alter a road.  The petitioners shall cause personal 
  1.21  service of such order and a copy of the petition to be made upon 
  1.22  each occupant of such land at least ten days before such meeting 
  1.23  and cause ten days' posted notice thereof to be given.  
  1.24     (b) In addition, the petitioners shall serve notice of the 
  1.25  order by certified mail upon the commissioner of natural 
  1.26  resources at least 30 60 days before such the meeting required 
  2.1   under paragraph (a), if the road to be vacated terminates at or, 
  2.2   abuts upon, or is adjacent to any public water.  The notice 
  2.3   under this paragraph is for notification purposes only and does 
  2.4   not create a right of intervention by the commissioner of 
  2.5   natural resources.  At least 15 days prior to convening the 
  2.6   meeting required under paragraph (a), the town board or its 
  2.7   designee must consult with a representative of the commissioner 
  2.8   of natural resources to review the proposed vacation.  The 
  2.9   commissioner's representative must evaluate: 
  2.10     (1) the proposed vacation and the public benefits to do so; 
  2.11     (2) the present and potential use of the land for access to 
  2.12  public waters; and 
  2.13     (3) how the vacation would impact conservation of natural 
  2.14  resources.  
  2.15  The commissioner's representative must advise the town board or 
  2.16  its designee accordingly upon the evaluation. 
  2.17     Sec. 2.  Minnesota Statutes 2004, section 412.851, is 
  2.18  amended to read: 
  2.19     412.851 [VACATION OF STREETS.] 
  2.20     The council may by resolution vacate any street, alley, 
  2.21  public grounds, public way, or any part thereof, on its own 
  2.22  motion or on petition of a majority of the owners of land 
  2.23  abutting on the street, alley, public grounds, public way, or 
  2.24  part thereof to be vacated.  When there has been no petition, 
  2.25  the resolution may be adopted only by a vote of four-fifths of 
  2.26  all members of the council.  No such vacation shall be made 
  2.27  unless it appears in the interest of the public to do so after a 
  2.28  hearing preceded by two weeks' published and posted notice.  The 
  2.29  council shall cause written notice of the hearing to be mailed 
  2.30  to each property owner affected by the proposed vacation at 
  2.31  least ten days before the hearing.  The notice must contain, at 
  2.32  minimum, a copy of the petition or proposed resolution as well 
  2.33  as the time, place, and date of the hearing.  In addition, if 
  2.34  the street, alley, public grounds, public way, or any part 
  2.35  thereof terminates at or, abuts upon, or is adjacent to any 
  2.36  public water, no vacation shall be made unless written notice of 
  3.1   the petition or proposed resolution is must be served by 
  3.2   certified mail upon the commissioner of natural resources at 
  3.3   least 30 60 days before the hearing on the matter.  The notice 
  3.4   to the commissioner of natural resources is for notification 
  3.5   purposes only and does not create a right of intervention by the 
  3.6   commissioner.  At least 15 days prior to convening the hearing 
  3.7   required under this section, the council or its designee must 
  3.8   consult with a representative of the commissioner of natural 
  3.9   resources to review the proposed vacation.  The commissioner's 
  3.10  representative must evaluate: 
  3.11     (1) the proposed vacation and the public benefits to do so; 
  3.12     (2) the present and potential use of the land for access to 
  3.13  public waters; and 
  3.14     (3) how the vacation would impact conservation of natural 
  3.15  resources.  
  3.16  The commissioner's representative must advise the city council 
  3.17  or its designee accordingly upon the evaluation.  After a 
  3.18  resolution of vacation is adopted, the clerk shall prepare a 
  3.19  notice of completion of the proceedings which shall contain the 
  3.20  name of the city, an identification of the vacation, a statement 
  3.21  of the time of completion thereof and a description of the real 
  3.22  estate and lands affected thereby.  The notice shall be 
  3.23  presented to the county auditor who shall enter the same in the 
  3.24  transfer records and note upon the instrument, over official 
  3.25  signature, the words "entered in the transfer record."  The 
  3.26  notice shall then be filed with the county recorder.  Any 
  3.27  failure to file the notice shall not invalidate any such 
  3.28  vacation proceedings. 
  3.29     Sec. 3.  Minnesota Statutes 2004, section 505.14, is 
  3.30  amended to read: 
  3.31     505.14 [VACATION.] 
  3.32     Upon the application of the owner of land included in any 
  3.33  plat, and upon proof that all taxes assessed against such land 
  3.34  have been paid, and the notice hereinafter provided for given, 
  3.35  the district court may vacate or alter all, or any part, of such 
  3.36  plat, and adjudge the title to all streets, alleys, and public 
  4.1   grounds to be in the persons entitled thereto; but streets or 
  4.2   alleys connecting separate plats or lying between blocks or lots 
  4.3   or providing access for the public to any public water, shall 
  4.4   not be vacated between such lots, blocks, or plats as are not 
  4.5   also vacated, unless it appears that the street or alley or part 
  4.6   thereof sought to be vacated is useless for the purpose for 
  4.7   which it was laid out.  If any part of a street, alley, or 
  4.8   public ground proposed for vacation terminates at or, abuts upon 
  4.9   , or is adjacent to any public water, the petitioner shall serve 
  4.10  notice of the petition by certified mail upon the commissioner 
  4.11  of natural resources at least 30 60 days before the term at 
  4.12  which it shall be heard.  The notice under this subdivision is 
  4.13  for notification purposes only and does not create creates a 
  4.14  right of intervention by the commissioner of natural resources.  
  4.15  The petitioner shall cause two weeks published and posted notice 
  4.16  of such application to be given, the last publication to be at 
  4.17  least ten days before the term at which it shall be heard; and 
  4.18  the petitioner shall also serve personally, or cause to be 
  4.19  served personally, notice of such application, at least ten days 
  4.20  before the term at which the application shall be heard, upon 
  4.21  the mayor of the city, the president of the statutory city, or 
  4.22  the chair of the town board of the town where such land is 
  4.23  situated.  The court shall hear all persons owning or occupying 
  4.24  land that would be affected by the proposed vacation, and if, in 
  4.25  the judgment of the court, the same would be damaged, the court 
  4.26  may determine the amount of such damage and direct its payment 
  4.27  by the applicant before the vacation or alteration shall take 
  4.28  effect.  A certified copy of the order of the court shall be 
  4.29  filed with the county auditor, and recorded by the county 
  4.30  recorder.  The district court shall not vacate or alter any 
  4.31  street, alley, or public ground dedicated to the public use in 
  4.32  or by any such plat in any city or town organized under a 
  4.33  charter or special law which provides a method of procedure for 
  4.34  the vacation of streets and public grounds by the municipal 
  4.35  authorities of such city or town.