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

  

                         Laws of Minnesota 1985 

                        CHAPTER 163-S.F.No. 1358
           An act relating to local government; providing for the 
          maintenance of town cartways; amending Minnesota 
          Statutes 1984, section 164.08, by adding a subdivision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1984, section 164.08, is 
amended by adding a subdivision to read: 
    Subd. 3.  [MAINTENANCE COSTS.] When a cartway is not 
maintained by the town, one or more of the private property 
owners who own land adjacent to a cartway or one or more of the 
private property owners who has no access to his or her land 
except by way of the cartway may maintain the cartway.  The cost 
of maintenance shall be equitably divided among all of the 
private property owners who own land adjacent to the cartway and 
all of the private property owners who have no access to their 
land except by way of the cartway.  The following factors may be 
taken into consideration when determining an equitable share of 
maintenance expenses:  the frequency of use, the type and weight 
of the vehicles or equipment, and the distance traveled on the 
cartway to the individual's property.  The town board may 
determine the maintenance costs to be apportioned to each 
private property owner if the private property owners cannot 
agree on the division of the costs.  The town board's decision 
may be appealed within 30 days to the county court of the county 
in which the cartway is located.  Private property owners who 
pay the cost of maintenance shall have a civil cause of action 
against any of the private property owners who refuse to pay 
their share of the maintenance cost. 
    Approved May 20, 1985