Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature

SF 1137

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

  1.1                          A bill for an act 
  1.2             relating to transportation; requiring establishment of 
  1.3             cartway where landowner's access is limited to 
  1.4             navigable waterway; amending Minnesota Statutes 2002, 
  1.5             section 164.08, subdivision 2. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2002, section 164.08, 
  1.8   subdivision 2, is amended to read: 
  1.9      Subd. 2.  [MANDATORY ESTABLISHMENT; CONDITIONS.] (a) Upon 
  1.10  petition presented to the town board by the owner of a tract of 
  1.11  land containing at least five acres, who has no access thereto 
  1.12  except over a navigable waterway or over the lands of others, or 
  1.13  whose access thereto is less than two rods in width, the town 
  1.14  board by resolution shall establish a cartway at least two rods 
  1.15  wide connecting the petitioner's land with a public road.  A 
  1.16  town board shall establish a cartway upon a petition of an owner 
  1.17  of a tract of land that, as of January 1, 1998, was on record as 
  1.18  a separate parcel, contained at least two but less than five 
  1.19  acres, and has no access thereto except over a navigable 
  1.20  waterway or over the lands of others.  The town board may select 
  1.21  an alternative route other than that petitioned for if the 
  1.22  alternative is deemed by the town board to be less disruptive 
  1.23  and damaging to the affected landowners and in the public's best 
  1.24  interest.  
  1.25     (b) In an unorganized territory, the board of county 
  2.1   commissioners of the county in which the tract is located shall 
  2.2   act as the town board.  The proceedings of the town board shall 
  2.3   be in accordance with section 164.07.  
  2.4      (c) The amount of damages shall be paid by the petitioner 
  2.5   to the town before such cartway is opened.  For the purposes of 
  2.6   this subdivision damages shall mean the compensation, if any, 
  2.7   awarded to the owner of the land upon which the cartway is 
  2.8   established together with the cost of professional and other 
  2.9   services, hearing costs, administrative costs, recording costs, 
  2.10  and other costs and expenses which the town may incur in 
  2.11  connection with the proceedings for the establishment of the 
  2.12  cartway.  The town board may by resolution require the 
  2.13  petitioner to post a bond or other security acceptable to the 
  2.14  board for the total estimated damages before the board takes 
  2.15  action on the petition. 
  2.16     (d) Town road and bridge funds shall not be expended on the 
  2.17  cartway unless the town board, or the county board acting as the 
  2.18  town board in the case of a cartway established in an 
  2.19  unorganized territory, by resolution determines that an 
  2.20  expenditure is in the public interest.  If no resolution is 
  2.21  adopted to that effect, the grading or other construction work 
  2.22  and the maintenance of the cartway is the responsibility of the 
  2.23  petitioner, subject to the provisions of section 164.10.  
  2.24     (e) After the cartway has been constructed the town board, 
  2.25  or the county board in the case of unorganized territory, may by 
  2.26  resolution designate the cartway as a private driveway with the 
  2.27  written consent of the affected landowner in which case from the 
  2.28  effective date of the resolution no town road and bridge funds 
  2.29  shall be expended for maintenance of the driveway; provided that 
  2.30  the cartway shall not be vacated without following the vacation 
  2.31  proceedings established under section 164.07.