as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to towns; clarifying authority of town board 1.3 to alter or vacate town roads dedicated by plat; 1.4 clarifying procedures; amending Minnesota Statutes 1.5 1994, sections 164.06, subdivision 1; and 164.07, 1.6 subdivision 1. 1.7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.8 Section 1. Minnesota Statutes 1994, section 164.06, 1.9 subdivision 1, is amended to read: 1.10 Subdivision 1. [AUTHORIZATION
; RESOLUTION.] A town board, 1.11 when authorized by a vote of the electors at the annual meeting, 1.12 or at a special meeting called for that purpose, may establish, 1.13 alter, or vacate a town road by resolution, including those 1.14 dedicated to the public by plat, in accordance with section 1.15 164.07, subdivisions 2 to 12, and may acquire the right-of-way 1.16 as may be necessary for the road by gift, purchase or as 1.17 provided in section 164.07. A town board may alter a town road1.18 by resolution.1.19 Sec. 2. Minnesota Statutes 1994, section 164.07, 1.20 subdivision 1, is amended to read: 1.21 Subdivision 1. [AUTHORIZATION; PETITION.] Any town board 1.22 may alter or vacate a town road, including those dedicated to 1.23 the public by plat, or establish a new road in its town upon a 1.24 petition of not less than eight voters of the town, who own real 1.25 estate, or occupy real estate under the homestead or preemption 1.26 laws or under contract with the state, within three miles of the 2.1 road proposed to be established, altered, or vacated; provided, 2.2 that in any town not having eight voters who own real estate or 2.3 occupy real estate under the homestead or preemption laws or 2.4 under contract with the state, within three miles of any 2.5 proposed road, the town board of such town may alter or vacate a 2.6 town road, or establish a new road in the town upon a petition 2.7 signed by a less number of voters of such town, who own real 2.8 estate or occupy real estate under the homestead or preemption 2.9 laws or under contract with the state, in such town. Such 2.10 petition shall contain a description of the road, and what part 2.11 thereof is to be altered or vacated, and, if a new road, the 2.12 names of the owners of the land, if known, over which such road 2.13 is to pass, its point of beginning, general course, and 2.14 termination.