HF 597

as introduced - 87th Legislature (2011 - 2012) Posted on 02/17/2011 10:58am

A bill for an act
relating to highways; prohibiting toll roads; making conforming changes;
amending Minnesota Statutes 2010, sections 117.226; 160.93, subdivision 3;
proposing coding for new law in Minnesota Statutes, chapter 160; repealing
Minnesota Statutes 2010, sections 160.84; 160.85; 160.86; 160.87; 160.88;
160.89; 160.90; 160.91; 160.92.

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

Section 1.

Minnesota Statutes 2010, section 117.226, is amended to read:

117.226 RIGHT OF FIRST REFUSAL.

(a) Except as provided in sections 15.16, deleted text begin 160.85, deleted text end 161.16, 161.20, 161.202, 161.23,
161.24, 161.241, 161.43, 161.46, and 222.63, if the governing body of the condemning
authority determines that publicly owned property acquired under this chapter has not
been used and is no longer needed for a public use, the authority must offer to sell the
property to the owner from whom it was acquired, if the former owner can be located. The
offer must be at the original price determined by the condemnation process or the current
fair market value of the property, whichever is lower, except to the extent that a different
value is required for a property interest obtained with federal highway funding under
United States Code, title 23, or transit funding under United States Code, title 49. Before
offering surplus property to local governments or for public sale under section 16B.282
or 94.10, the commissioner of administration or natural resources must offer to sell the
property to the former owner as provided in this section.

(b) If the former owner cannot be located after a due and diligent search or declines
to repurchase the property, the attorney for the condemning authority shall prepare a
certificate attesting to the same and record the certificate in the office of the county
recorder or county registrar of titles, as appropriate, to evidence the termination of the
right of first refusal. A recorded certificate to that effect is prima facie evidence that the
right of first refusal has terminated.

Sec. 2.

Minnesota Statutes 2010, section 160.93, subdivision 3, is amended to read:

Subd. 3.

Rules exemption.

With respect to this section, the commissioner is exempt
from statutory rulemaking requirements, including section 14.386, and from sections
deleted text begin 160.84 to 160.92 and deleted text end 161.162 to 161.167.

Sec. 3.

new text begin [160.841] TOLL FACILITIES PROHIBITED.
new text end

new text begin Neither the commissioner nor a road authority may impose or authorize the
imposition of a toll for the use of a highway or highway lane, except for a highway or
highway lane having a toll imposed on or before July 1, 2006, under section 160.93.
new text end

Sec. 4. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2010, sections 160.84; 160.85; 160.86; 160.87; 160.88; 160.89;
160.90; 160.91; and 160.92, new text end new text begin are repealed.
new text end