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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language


  

                         Laws of Minnesota 1983 

                        CHAPTER 297--S.F.No. 791
           An act relating to natural resources; authorizing the 
          commissioner of natural resources to convey to private 
          persons, under certain circumstances, road easements 
          across railroad rights-of-way acquired for trail 
          purposes; proposing new law coded in Minnesota 
          Statutes, chapter 84. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [84.631] [ROAD EASEMENTS ACROSS TRAILS 
ESTABLISHED ON ACQUIRED RAILROAD RIGHTS-OF-WAY.] 
    The commissioner, on behalf of the state, may convey a road 
easement across any abandoned railroad right-of-way which has 
been acquired by the state for trail purposes, and which is 
under his jurisdiction, to a private person requesting an 
easement for access to property owned by the person only if the 
following requirements are met:  (1) alternative methods to 
obtain access to the property have been sought and exhausted by 
the person seeking the easement through the establishment of a 
town or other local government road; and (2) the commissioner 
determines that the hardship to the person being deprived of 
access outweighs any adverse effects to the state-owned land 
caused by encumbering the state-owned land with a road 
easement.  If the commissioner determines that an easement will 
be granted under this subdivision, he shall require the 
applicant to pay the market value of the easement, and shall 
provide in the easement that it shall revert to the state in the 
event of nonuse.  The commissioner may impose other terms and 
conditions of use as he determines necessary and appropriate 
under the circumstances.  
    Sec. 2.  [EFFECTIVE DATE.] 
    This act is effective the day following its final enactment.
    Approved June 7, 1983