Minnesota Session Laws - 1985, Regular Session

  

                         Laws of Minnesota 1985 

                        CHAPTER 102-S.F.No. 1087
           An act relating to drainage; authorizing the 
          construction of roads rather than bridges or culverts 
          in certain instances; amending Minnesota Statutes 
          1984, section 106.471, subdivision 1; proposing coding 
          for new law in Minnesota Statutes, chapter 106. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [106.272] [CONSTRUCTION OF ROAD INSTEAD OF 
BRIDGE OR CULVERT.] 
    If the drainage authority finds that constructing a private 
road would be more cost effective or practical than constructing 
a bridge or culvert, the drainage authority may order that a 
private road be constructed.  The private road must be 
constructed and maintained in the same manner as a bridge or 
culvert.  The private road must be constructed in a manner 
suitable for farm vehicles, but may not have a right-of-way 
wider than 33 feet.  The drainage authority has jurisdiction 
over the land required for the private road and the road is part 
of the drainage system. 
    Sec. 2.  Minnesota Statutes 1984, section 106.471, 
subdivision 1, is amended to read: 
    Subdivision 1.  [DEFINITION; MAINTENANCE OF BRIDGES.] (a) 
The term "repair" as used in this section means restoring all or 
a part of a ditch system as nearly as practicable to the same 
condition as when originally constructed or subsequently 
improved, including resloping of open ditches and leveling of 
waste banks if deemed essential to prevent further 
deterioration, and routine operations as may be required from 
time to time to remove obstructions and preserve the efficiency 
of the ditch. 
    (b) After construction, all highway bridges and culverts on 
any ditch system established by proceedings instituted on or 
after March 25, 1947, shall be maintained by the municipality or 
public authority charged with the duty of maintaining the same 
as set forth in section 106.271.  Private bridges and culverts, 
constructed as a part of any ditch system established by 
proceedings instituted on or after March 25, 1947, shall be 
maintained by the ditch authority as a part of the ditch 
system.  Private bridges or culverts constructed as a part of 
any ditch system established by proceedings instituted before 
March 25, 1947, may be maintained, repaired, or rebuilt, as a 
part of the ditch by the ditch authority at the option of the 
ditch authority and the cost may be paid in whole or part by the 
ditch system. 
    (c) In proceedings for the repair of a public drainage 
ditch in which a redetermination of benefits is made as set 
forth in section 106.465, the drainage authority may direct that 
any existing bridge or culverts constructed as part of the ditch 
system which serve as township or city roadways, be repaired or 
rebuilt as a part of the ditch by the ditch authority, and the 
cost may be paid in whole or in part by the ditch system.  
    (d) In a repair proceeding under this section, if the 
drainage authority finds that constructing a private road is 
more cost-effective or practical than constructing a bridge or 
culvert, a drainage authority may order a private road to be 
constructed under section 1 instead of a bridge or culvert. 
    Approved May 10, 1985