SF 592

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; providing for official confirmation 
  1.3             of certain old town roads that cross state lands; 
  1.4             proposing coding for new law in Minnesota Statutes, 
  1.5             chapter 84. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [84.6305] [OLD TOWN ROADS; CONFIRMATION AND 
  1.8   VALIDATION.] 
  1.9      A town road that is in use on the effective date of this 
  1.10  section and crosses state land administered by the commissioner 
  1.11  of natural resources, or by predecessors of the commissioner, is 
  1.12  presumed to have been lawfully established under applicable laws 
  1.13  relating to roads across state lands, including any provision of 
  1.14  those laws requiring the payment of compensation for necessary 
  1.15  rights to the road right-of-way.  All acts required by those 
  1.16  laws to be performed by a town, the commissioner of natural 
  1.17  resources, the commissioner's predecessors, or any other legal 
  1.18  entity are presumed valid to establish the town road by 
  1.19  easement, notwithstanding the loss or absence of written or 
  1.20  other documentation supporting the establishment of the road.  
  1.21  Upon application by a town, the commissioner shall convey to the 
  1.22  town, under section 84.63 so far as applicable, an easement at 
  1.23  least four rods wide confirming and validating the existence of 
  1.24  the town road, without payment by the town of any additional 
  1.25  compensation for the rights involved.  This section does not 
  2.1   apply to school, swamp, university, internal improvement, and 
  2.2   other lands granted to the state by acts of Congress that are 
  2.3   administered by the commissioner. 
  2.4      Sec. 2.  [EFFECTIVE DATE.] 
  2.5      This act is effective the day following final enactment.