SF 560

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/26/2021 10:06am

A bill for an act
relating to state government; requiring financial assurance for damage to state
property for certain construction projects; establishing a strict liability standard
for damage to state property; amending Minnesota Statutes 2020, section 16B.26,
subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 16B.

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

Section 1.

new text begin [16B.255] CONSTRUCTION NEAR STATE HISTORIC PROPERTY.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin "Construction project" as used in this section means a private
construction project adjacent to, under, or over state historic property that does not involve
improvement to the state property and that could affect the structural integrity of the state
historic property, as determined by the commissioner of administration, in consultation with
the commissioner of an agency having jurisdiction over the state historic property.
new text end

new text begin Subd. 2. new text end

new text begin Financial assurance. new text end

new text begin Before issuing a permit or an easement for a construction
project, an agency must require that an applicant provide documentation of financial
assurance in an amount adequate to pay restoration costs for the state historic property if it
is damaged as a result of the construction project. The financial assurance may be a trust
fund, letter of credit, escrow account, surety bond, or other financial assurance payable to
the commissioner of administration for restoration of the state historic property if the
permittee cannot or will not restore the state historic property. The financial assurance must
be approved by the commissioner of management and budget before the agency issues the
permit.
new text end

new text begin Subd. 3. new text end

new text begin Strict liability. new text end

new text begin A primary contractor for a construction project is strictly liable
for damage to state property resulting from the construction project.
new text end

Sec. 2.

Minnesota Statutes 2020, section 16B.26, subdivision 1, is amended to read:

Subdivision 1.

Easements.

(a) Authority. Except where the authority conferred by this
section has been imposed on some other state or county office, new text begin and subject to section
16B.255, new text end the commissioner may grant an easement or permit over, under, or across any
land owned by the state for public purposes, including but not limited to, access, road, street,
mass transit, telecommunication, flood protection, or utility purposes. This authority does
not apply to land under the jurisdiction of the commissioner of natural resources or land
obtained for trunk highway purposes.

(b) Notice of revocation. An easement or permit is revocable by written notice given
by the commissioner if at any time its continuance will conflict with a public use of the land
over, under, or upon which it is granted, or for any other reason. The notice must be in
writing and is effective 90 days after the notice is sent by certified mail to the last known
address of the record holder of the easement. If the address of the holder of the easement
or permit is not known, it expires 90 days after the notice is recorded in the office of the
county recorder of the county in which the land is located. Upon revocation of an easement,
the commissioner may allow a reasonable time for the easement holder to vacate the premises
affected. Notwithstanding the foregoing, the commissioner may grant to a state agency or
political subdivision a permanent easement for the construction, operation, and maintenance
of publicly owned infrastructure as described in paragraph (a), to have and to hold for as
long as the easement area is used in accordance with the terms and conditions of the
easement. If a permanent easement ceases to be used for the purposes stated in the easement
or in accordance with its terms and conditions, the easement may be revoked by a written
notice given by the commissioner in accordance with this paragraph.

(c) Easement runs with land. State land subject to an easement or permit granted by
the commissioner remains subject to sale or lease, and the sale or lease does not revoke the
permit or easement granted.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end