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HF 3526

as introduced - 91st Legislature (2019 - 2020) Posted on 02/19/2020 12:55pm

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

Current Version - as introduced

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A bill for an act
relating to transportation; requiring road authorities to notify the owner of a private
road prior to conducting work on the road; amending Minnesota Statutes 2018,
section 160.05, subdivision 1.

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

Section 1.

Minnesota Statutes 2018, section 160.05, subdivision 1, is amended to read:


Subdivision 1.

Six years.

new text begin(a) new text endWhen any road or portion of a road has been used and kept
in repair and worked for at least six years continuously as a public highway by a road
authority, it shall be deemed dedicated to the public to the width of the actual use and be
and remain, until lawfully vacated, a public highway whether it has ever been established
as a public highway or not. Nothing contained in this subdivision shall impair the right,
title, or interest of the water department of any city of the first class secured under Special
Laws 1885, chapter 110. This subdivision shall apply to roads and streets except platted
streets within cities.new text begin If a road authority fails to give the notice required by paragraph (b),
this subdivision does not apply.
new text end

new text begin (b) Before a road authority may make any repairs or conduct any work on a private road
as defined by section 169.011, subdivision 57, the road authority must notify the owner of
the road of the intent to make repairs or conduct work on the private road. The notice must
be sent to the owner by certified mail. The notice must specify the segment of road that is
the subject of the notice and state the duration of the repairs or work. The notice must include
the following: "Pursuant to Minnesota Statutes, section 160.05, your private road may be
deemed to be dedicated to the public if the following conditions are met for six continuous
years: (1) the road is used by the public; and (2) the road is repaired or worked on by a road
authority. This means that the road will no longer be a private road but will be a public road.
You will not receive compensation from the road authority when the road is dedicated to
the public."
new text end