SF 2004

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 03/04/2010 11:45am

A bill for an act
relating to transportation; allowing road authorities to remove snow from certain
roads in uncompleted subdivisions; amending Minnesota Statutes 2008, section
160.21, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2008, section 160.21, is amended by adding a
subdivision to read:

new text begin Subd. 6. new text end

new text begin Uncompleted subdivisions. new text end

new text begin (a) A road authority, including a statutory or
home rule charter city, may remove snow from unopened or private roads in uncompleted
subdivisions containing five or more lots, upon adoption of an annual resolution finding
that the subdivision developer, due to general insolvency or pending foreclosure, is unable
to maintain the roads and that public safety may be jeopardized if the access of school
buses, public works vehicles, or authorized emergency vehicles, as defined in section
169.011, subdivision 3, is obstructed. Snow removal activities are limited to streets
reasonably necessary for access by these buses or vehicles.
new text end

new text begin (b) Snow removal under this subdivision does not constitute:
new text end

new text begin (1) acceptance of the road from the developer by the road authority for public use;
new text end

new text begin (2) the opening of the road to public use; nor
new text end

new text begin (3) a use, repair, or maintenance of the road sufficient for the purposes of dedication
of roads under section 160.05.
new text end

new text begin (c) The road authority may impose a reasonable and proportionate charge on all
properties within the subdivision for services provided under this subdivision. These
charges, if unpaid, may constitute a lien upon the properties within the subdivision and
may be collected as a special assessment as provided by section 492.101 or by charter.
new text end

new text begin (d) Where a road has been maintained pursuant to this subdivision, the road authority
with jurisdiction over the road, and its officers and employees, are exempt from liability
for any tort claim for injury to person or property arising from plowing, maintaining,
or otherwise working on the road and from traveling on the road and related to its
maintenance or condition. This paragraph does not apply to a claim for injury that is
affirmatively caused by a negligent act of the road authority or its officers and employees.
new text end

new text begin (e) This subdivision expires May 2, 2012.
new text end

new text begin EFFECTIVE DATE. new text end

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