SF 929

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to natural resources; requiring
commissioner's evaluation before vacating certain
roads adjacent to public waters; creating right of
intervention; amending Minnesota Statutes 2004,
sections 164.07, subdivision 2; 412.851; 505.14.

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

Section 1.

Minnesota Statutes 2004, section 164.07,
subdivision 2, is amended to read:

Subd. 2.

Hearing; notice.

(a) The petition shall be
filed with the town clerk, who shall forthwith present it to the
town board. The town board within 30 days thereafter shall make
an order describing as nearly as practicable the road proposed
to be established, altered, or vacated and the several tracts of
land through which it passes, and fixing a time and place when
and where it will meet and act upon the petition. The order
must also contain a notice to affected landowners that a
landowner is entitled to judicial review of damages, need, and
purpose under subdivision 7 following a determination to
establish or alter a road. The petitioners shall cause personal
service of deleted text begin such deleted text end new text begin the new text end order and a copy of the petition to be made
upon each occupant of deleted text begin such deleted text end new text begin the new text end land at least ten days before
deleted text begin such deleted text end new text begin the new text end meeting and cause ten days' posted notice thereof to be
given.

(b) In addition, the petitioners shall serve notice of the
order by certified mail upon the commissioner of natural
resources at least deleted text begin 30 deleted text end new text begin 60 new text end days before deleted text begin such deleted text end new text begin the new text end meeting new text begin required
under paragraph (a), new text end if the road to be vacated terminates at deleted text begin or deleted text end new text begin ,
new text end abuts upon new text begin , or is adjacent to new text end any public water. The notice
under this paragraph deleted text begin is for notification purposes only and deleted text end does
not create a right of intervention by the commissioner of
natural resources. new text begin At least 15 days prior to convening the
meeting required under paragraph (a), the town board or its
designee must consult with the commissioner of natural resources
to review the proposed vacation. The commissioner must evaluate:
new text end

new text begin (1) the proposed vacation and the public benefits to do so;
new text end

new text begin (2) the present and potential use of the land for access to
public waters; and
new text end

new text begin (3) how the vacation would impact conservation of natural
resources.
new text end

new text begin The commissioner must advise the town board or its designee
accordingly upon the evaluation.
new text end

Sec. 2.

Minnesota Statutes 2004, section 412.851, is
amended to read:

412.851 VACATION OF STREETS.

The council may by resolution vacate any street, alley,
public grounds, public way, or any part thereof, on its own
motion or on petition of a majority of the owners of land
abutting on the street, alley, public grounds, public way, or
part thereof to be vacated. When there has been no petition,
the resolution may be adopted only by a vote of four-fifths of
all members of the council. No deleted text begin such deleted text end vacation shall be made
unless it appears in the interest of the public to do so after a
hearing preceded by two weeks' published and posted notice. The
council shall cause written notice of the hearing to be mailed
to each property owner affected by the proposed vacation at
least ten days before the hearing. The notice must contain, at
minimum, a copy of the petition or proposed resolution as well
as the time, place, and date of the hearing. In addition, if
the street, alley, public grounds, public way, or any part
thereof terminates at deleted text begin or deleted text end new text begin , new text end abuts upon new text begin , or is adjacent to new text end any
public water, deleted text begin no vacation shall be made unless deleted text end written notice of
the petition or proposed resolution deleted text begin is deleted text end new text begin must be new text end served by
certified mail upon the commissioner of natural resources at
least deleted text begin 30 deleted text end new text begin 60 new text end days before the hearing on the matter. The notice
to the commissioner of natural resources deleted text begin is for notification
purposes only and deleted text end does not create a right of intervention by the
commissioner. new text begin At least 15 days prior to convening the hearing
required under this section, the council or its designee must
consult with the commissioner of natural resources to review the
proposed vacation. The commissioner must evaluate:
new text end

new text begin (1) the proposed vacation and the public benefits to do so;
new text end

new text begin (2) the present and potential use of the land for access to
public waters; and
new text end

new text begin (3) how the vacation would impact conservation of natural
resources.
new text end

new text begin The commissioner must advise the city council or its designee
accordingly upon the evaluation. new text end After a resolution of vacation
is adopted, the clerk shall prepare a notice of completion of
the proceedings which shall contain the name of the city, an
identification of the vacation, a statement of the time of
completion thereof and a description of the real estate and
lands affected thereby. The notice shall be presented to the
county auditor who shall enter the same in the transfer records
and note upon the instrument, over official signature, the words
"entered in the transfer record." The notice shall then be
filed with the county recorder. Any failure to file the notice
shall not invalidate any deleted text begin such deleted text end vacation proceedings.

Sec. 3.

Minnesota Statutes 2004, section 505.14, is
amended to read:

505.14 VACATION.

Upon the application of the owner of land included in any
plat, and upon proof that all taxes assessed against deleted text begin such deleted text end new text begin the
new text end land have been paid, and the notice hereinafter provided for
given, the district court may vacate or alter all, or any part,
of deleted text begin such deleted text end new text begin the new text end plat, and adjudge the title to all streets, alleys,
and public grounds to be in the persons entitled thereto; but
streets or alleys connecting separate plats or lying between
blocks or lots or providing access for the public to any public
water, shall not be vacated between deleted text begin such deleted text end new text begin the new text end lots, blocks, or
plats as are not also vacated, unless it appears that the street
or alley or part thereof sought to be vacated is useless for the
purpose for which it was laid out. If any part of a street,
alley, or public ground proposed for vacation terminates at deleted text begin or deleted text end new text begin ,
new text end abuts upon new text begin , or is adjacent to new text end any public water, the petitioner
shall serve notice of the petition by certified mail upon the
commissioner of natural resources at least deleted text begin 30 deleted text end new text begin 60 new text end days before the
term at which it shall be heard. The notice under this
subdivision deleted text begin is for notification purposes only and does not
create deleted text end new text begin creates new text end a right of intervention by the commissioner of
natural resources. The petitioner shall cause two weeks
published and posted notice of such application to be given, the
last publication to be at least ten days before the term at
which it shall be heard; and the petitioner shall also serve
personally, or cause to be served personally, notice of deleted text begin such deleted text end new text begin the
new text end application, at least ten days before the term at which the
application shall be heard, upon the mayor of the city, the
president of the statutory city, or the chair of the town board
of the town where deleted text begin such deleted text end new text begin the new text end land is situated. The court shall
hear all persons owning or occupying land that would be affected
by the proposed vacation, and if, in the judgment of the court,
the same would be damaged, the court may determine the amount of
deleted text begin such deleted text end new text begin the new text end damage and direct its payment by the applicant before
the vacation or alteration shall take effect. A certified copy
of the order of the court shall be filed with the county
auditor, and recorded by the county recorder. The district
court shall not vacate or alter any street, alley, or public
ground dedicated to the public use in or by any deleted text begin such deleted text end plat in any
city or town organized under a charter or special law which
provides a method of procedure for the vacation of streets and
public grounds by the municipal authorities of deleted text begin such deleted text end new text begin the new text end city or
town.