SF 2976

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to natural resources; modifying requirements for alternative recording
for state forest roads; amending Minnesota Statutes 2006, section 89.715.

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

Section 1.

Minnesota Statutes 2006, section 89.715, is amended to read:

89.715 ALTERNATIVE RECORDING FOR STATE FOREST ROAD.

Subdivision 1.

Authorization.

The commissioner may adopt a deleted text begin recorded deleted text end state forest
road map under this section to record the department's state forest road prescriptive
easements. For purposes of this section, " deleted text begin recorded deleted text end state forest road map" means the
official map of state forest roads new text begin adopted by the commissioner new text end .

Subd. 2.

Map requirements.

The deleted text begin recorded deleted text end state forest road map must:

(1) show state forest roads at the time the map is adopted;

(2) be prepared at a scale deleted text begin of at least four inches equals one mile deleted text end new text begin compliant with
county recorder standards new text end ;

(3) include section numbers;

(4) include a north point arrow;

(5) include the name of the county and state;

(6) include a blank and a description under the blank for the date of public hearing
and date of adoption;

(7) include blanks for signatures and dates of signatures for the commissioner; and

(8) include a list of legal descriptions of all parcels crossed by state forest road
prescriptive easements.

Subd. 3.

Procedure to adopt map.

(a) The commissioner must prepare an official
map for each county or smaller geographic area as determined by the commissioner as
provided in subdivision 2, and set a time, place, and date for a public hearing on adopting
a deleted text begin recorded deleted text end state forest road map to record roads.

(b) The hearing notice must state that the roads to be recorded will be to the width of
the actual use including ditches, backslopes, fills, and maintained rights-of-way, unless
otherwise specified in a prior easement of record. The hearing notice must be published
once a week for two successive weeks in a qualified newspaper of general circulation that
serves the county or smaller geographic areas as determined by the commissioner, the last
publication to be made at least ten days before the date of the public hearing. At least 30
days before the hearing, the hearing notice must be sent by certified mail to the property
owners directly affected in the county or smaller geographic areas as determined by the
commissioner at the addresses listed on the tax assessment notices at least seven days
before appearing in the qualified newspaper. The hearing notice may be sent with the tax
assessment, but all additional costs incurred shall be billed to the department.

(c) After the public hearing is held, the commissioner may amend and adopt the
deleted text begin recorded deleted text end state forest road map. The deleted text begin recorded deleted text end new text begin adopted new text end state forest road map must be dated
and signed by the commissioner and must be deleted text begin recorded deleted text end new text begin filed for recording new text end with the county
recorder within 90 days after the map is adopted. new text begin The map is effective when filed with
the county recorder.
new text end

(d) The deleted text begin recorded deleted text end state forest road map that is recorded with the county recorder must
comply with the standards of the county recorder where the state forest roads are located.

(e) A deleted text begin recorded deleted text end state forest road map that was prepared by using aerial photographs
to establish road centerlines and that has been duly recorded with the county recorder is an
adequate description for purposes of recording road easements and the map is the legally
constituted description and prevails when a deed for a parcel abutting a road contains
no reference to a road easement. Nothing prevents the commissioner from accepting a
more definitive metes and bounds or survey description of a road easement for a road of
record if the description of the easement is referenced to equal distance on both sides
of the existing road centerline.

(f) The commissioner shall consult with representatives of county land
commissioners, county auditors, county recorders, and Torrens examiners in implementing
this subdivision.

Subd. 4.

Appeal.

(a) deleted text begin Before filing an appeal under paragraph (b), a person may
seek resolution of concerns regarding a decision to record a road under this section by
contacting the commissioner in writing.
deleted text end

deleted text begin (b) A person may appeal a decision to record or exclude recording a road under this
section to the district court within 120 days after the date the commissioner adopts the
state forest road map. deleted text end new text begin Appeals may be filed only by property owners who are directly
affected by a proposed map designation and only for those portions of the map designation
that directly affect them.
new text end

new text begin (b) A property owner may appeal the map designation to the commissioner within 60
days of the map being recorded by filing a written request for review. The commissioner
shall review the request and any supporting evidence and render a decision within 45
days of receipt of the request for review.
new text end

new text begin (c) If a property owner wishes to appeal a decision of the commissioner after review
under paragraph (b), the property owner must file an appeal with the district court within
60 days of the commissioner's decision.
new text end

new text begin (d) If any portion of a map appealed under paragraph (b) is modified or found to be
invalid by a court of competent jurisdiction under paragraph (c), the remainder of the map
shall not be affected and its recording with the county recorder shall stand.
new text end

Subd. 5.

Unrecorded road or trail not affected.

This section does not affect or
diminish the legal status or state obligations of roads and trails not shown on the deleted text begin recorded deleted text end
state forest road map.

Subd. 6.

Exemption.

Adoption of a deleted text begin recorded deleted text end state forest road map under this
section is exempt from the rulemaking requirements of chapter 14 and section 14.386
does not apply.