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SF 1148

1st Engrossment - 87th Legislature (2011 - 2012) Posted on 03/26/2012 08:57am

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

Current Version - 1st Engrossment

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A bill for an act
relating to transportation; prohibiting certain activities on rail bank property;
imposing misdemeanor penalty; amending Minnesota Statutes 2010, section
222.63, subdivision 9.

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

Section 1.

Minnesota Statutes 2010, section 222.63, subdivision 9, is amended to read:


Subd. 9.

Rail bank property use; deleted text beginpetty misdemeanorsdeleted text endnew text begin penaltiesnew text end.

(a) Except
for the actions of road authorities and their agents, employees, and contractors, and of
utilities, in carrying out their duties imposed by permit, law, or contract, and except
as otherwise provided in this section, it is unlawful to new text beginknowingly new text endperform any of the
following activities on rail bank property:

(1) obstruct any trail;

(2) deposit snow or ice;

(3) remove or place any earth, new text beginvegetation, new text endgravel, or rock without authorization;

(4) obstruct or remove any ditch-draining device, or drain any harmful or dangerous
materials;

(5) erect a fence, or place or maintain any advertising, sign, or memorialnew text begin, except
upon authorization by the commissioner of transportation
new text end;

(6) remove, injure, displace, or destroy right-of-way markers or reference or witness
monuments or markers placed to preserve section or quarter-section corners defining
rail bank property limits;

(7) drive upon any portion of rail bank property, except at approved crossings, and
except where authorized for snowmobiles, emergency vehicles, maintenance vehicles, or
other vehicles authorized to use rail bank property;

(8) deface, mar, damage, or tamper with any structure, work, material, sign, marker,
paving, guardrail, drain, or any other rail bank appurtenance; deleted text beginor
deleted text end

(9) park, overhang, or abandon any unauthorized vehicle or implement of husbandry
on, across, or over the limits of rail bank propertydeleted text begin.deleted text endnew text begin;
new text end

new text begin (10) plow, disc, or perform any other detrimental operation; or
new text end

new text begin (11) place or maintain any permanent structure.
new text end

(b) Unless a greater penalty is provided elsewhere in statute, deleted text beginanydeleted text endnew text begin anew text end violation of this
subdivision is a petty misdemeanor.new text begin A second or subsequent violation is a misdemeanor.
new text end

(c) The cost to remove, repair, or perform any other corrective action necessitated by
a violation of this subdivision may be charged to the violator.