SF 1923

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

A bill for an act
relating to transportation; amending requirements for expedited extinguishment
of interest in a town road; nullifying such extinguishments under certain
circumstances; amending Minnesota Statutes 2006, section 164.06, subdivision 2.

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

Section 1.

Minnesota Statutes 2006, section 164.06, subdivision 2, is amended to read:

Subd. 2.

Extinguishing interest in abandoned road.

(a) After providing notice
deleted text begin under section 366.01, subdivision 8 deleted text end new text begin as required in paragraph (c) new text end , the town board may by
resolution disclaim and extinguish a town interest in a town road without action under
subdivision 1 if:

(1) the extinguishment is found by the town board to be in the public interest;

(2) the interest is not a fee interest;

(3) the interest was established more than 25 years earlier;

(4) the interest is not recorded or filed with the county recorder new text begin or the county auditor new text end ;

(5) no road improvement has been constructed on a right-of-way affected by the
interest within the last 25 years; and

(6) no road maintenance on a right-of-way affected by the interest has occurred
within the last 25 years.

(b) The resolution shall be filed with the county auditor and recorded with the
county recorder.

new text begin (c) Not less than 30 days before the hearing on any resolution to disclaim and
extinguish a town interest in a town road under this subdivision, the town board shall
provide notice of the hearing by certified mail, return receipt requested, to each property
owner directly affected by the proposed extinguishment of the interest. A notice must
also be posted as provided under section 366.01, subdivision 8. For purposes of this
subdivision, property owner includes those persons who own land adjacent to, or who have
no access to their property except by way of, the town road proposed to be extinguished.
new text end

Sec. 2. new text begin NULLIFICATION OF EXPEDITED TOWN ROAD EXTINGUISHMENT.
new text end

new text begin Any extinguishment of town interest in a town road under Minnesota Statutes,
section 164.06, subdivision 2, is hereby nullified if the interest is not recorded or filed with
the county recorder but is recorded or filed with the county auditor.
new text end

Sec. 3. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 and 2 are effective the day following final enactment.
new text end