as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to metropolitan government; regulating 1.3 transit on park roads in St. Paul; amending Minnesota 1.4 Statutes 2000, section 473.411, subdivision 5. 1.5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.6 Section 1. Minnesota Statutes 2000, section 473.411, 1.7 subdivision 5, is amended to read: 1.8 Subd. 5. [USE OF PUBLIC ROADWAYS AND APPURTENANCES.] The 1.9 council may use for the purposes of sections 473.405 to 473.449 1.10 upon the conditions stated in this subdivision any state highway 1.11 or other public roadway, parkway, park road, or lane, or any 1.12 bridge or tunnel or other appurtenance of a roadway, without 1.13 payment of any compensation, provided the use does not interfere 1.14 unreasonably with the public use or maintenance of the roadway 1.15 or appurtenance or entail any substantial additional costs for 1.16 maintenance. The provisions of this subdivision do not apply to 1.17 the property of any common carrier railroad or common carrier 1.18 railroads. The consent of the public agency in charge of such 1.19 state highway or other public highway or roadway or appurtenance 1.20 is not required; except that if the council seeks to use a 1.21 designated parkway for regular route service in the city of 1.22 Minneapolis and the city of St. Paul, it must obtain permission 1.23 from and is subject to reasonable limitations imposed by a joint 1.24 board consisting of two representatives from the council, two 1.25 members of the board of park commissioners, and a fifth member 2.1 jointly selected by the representatives of the council and the 2.2 park board. 2.3 The board of park commissioners and the council may 2.4 designate persons to sit on the joint board. In considering a 2.5 request by the council to use designated parkways for additional 2.6 routes or trips, the joint board consisting of the council or 2.7 their designees, the board of park commissioners or their 2.8 designees, and the fifth member, shall base its decision to 2.9 grant or deny the request based on the criteria to be 2.10 established by the joint board. The decision to grant or deny 2.11 the request must be made within 45 days of the date of the 2.12 request. The park board must be notified immediately by the 2.13 council of any temporary route detours. If the park board 2.14 objects to the temporary route detours within five days of being 2.15 notified, the joint board must convene and decide whether to 2.16 grant the request, otherwise the request is deemed granted. If 2.17 the agency objects to the proposed use or claims reimbursement 2.18 from the council for additional cost of maintenance, it may 2.19 commence an action against the council in the district court of 2.20 the county wherein the highway, roadway, or appurtenance, or 2.21 major portion thereof, is located. The proceedings in the 2.22 action must conform to the rules of civil procedure applicable 2.23 to the district courts. The court shall sit without jury. If 2.24 the court determines that the use in question interferes 2.25 unreasonably with the public use or maintenance of the roadway 2.26 or appurtenance, it shall enjoin the use by the council. If the 2.27 court determines that the use in question does not interfere 2.28 unreasonably with the public use or maintenance of the roadway 2.29 or appurtenance, but that it entails substantial additional 2.30 maintenance costs, the court shall award judgment to the agency 2.31 for the amount of the additional costs. Otherwise the court 2.32 shall award judgment to the council. An aggrieved party may 2.33 appeal from the judgment of the district court in the same 2.34 manner as is provided for such appeals in other civil actions. 2.35 The council may also use land within the right-of-way of any 2.36 state highway or other public roadway for the erection of 3.1 traffic control devices, other signs, and passenger shelters 3.2 upon the conditions stated in this subdivision and subject only 3.3 to the approval of the commissioner of transportation where 3.4 required by statute, and subject to the express provisions of 3.5 other applicable statutes and to federal requirements where 3.6 necessary to qualify for federal aid. 3.7 Sec. 2. [APPLICATION.] 3.8 This act applies in the counties of Anoka, Carver, Dakota, 3.9 Hennepin, Ramsey, Scott, and Washington.