Minnesota Session Laws - 1985, Regular Session

  

                         Laws of Minnesota 1985 

                        CHAPTER 215-S.F.No. 675 
           An act relating to highways; allowing road authorities 
          to designate minimum-maintenance roads; exempting road 
          authorities from liability for damages arising from 
          travel on minimum-maintenance roads; amending 
          Minnesota Statutes 1984, sections 160.02, subdivision 
          7; and 169.06, subdivision 1; proposing coding for new 
          law in Minnesota Statutes, chapter 160. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1984, section 160.02, 
subdivision 7, is amended to read:  
    Subd. 7.  [ROAD OR HIGHWAY.] "Road" or "highway" includes, 
unless otherwise specified, the several kinds of highways as 
defined in this section, including roads designated as 
minimum-maintenance roads, and also cartways, together with all 
bridges or other structures thereon which form a part of the 
same.  
    Sec. 2.  Minnesota Statutes 1984, section 169.06, 
subdivision 1, is amended to read: 
    Subdivision 1.  [UNIFORM SYSTEM.] The commissioner shall 
adopt a manual and specifications for a uniform system of 
traffic-control devices consistent with the provisions of this 
chapter for use upon highways within this state.  Such uniform 
system shall correlate with and so far as possible conform to 
the system then current as approved by the American Association 
of State Highway Officials.  The manual and specifications must 
include the design and wording of minimum-maintenance road 
signs.  The adoption of the manual and specifications by the 
commissioner as herein provided is specifically exempted from 
the provisions and requirements of sections 14.02, 14.04 to 
14.36, 14.38, 14.44 to 14.45, and 14.57 to 14.62 and acts 
amendatory thereto. 
    Sec. 3.  [160.095] [DESIGNATION OF MINIMUM-MAINTENANCE 
ROADS.] 
    Subdivision 1.  [RESOLUTION.] A road authority, other than 
the commissioner, may by resolution designate a road under its 
jurisdiction as a minimum-maintenance road if it determines that 
the road or road segment is used only occasionally or 
intermittently for passenger and commercial travel.  The 
resolution must identify the beginning and end points of the 
road being designated.  After adopting the resolution, the road 
authority must post signs on the road to notify the motoring 
public that it is a minimum-maintenance road and that the public 
travels on the road at its own risk.  A road authority must 
notify the road authorities of adjoining jurisdictions of 
designations under this section. 
    If an affected road or road segment runs along a county or 
town line, the designation applies only to that part of the road 
that is under the jurisdiction of the road authority adopting 
the resolution.  
    Subd. 2.  [SIGNS.] Designation of a minimum-maintenance 
road is effective on the erection of the signs required under 
this section.  The signs shall be posted at entry points to and 
at regular intervals along a minimum-maintenance road.  Signs 
posted must conform to the commissioner's manual of uniform 
traffic devices.  Properly posted signs are prima facie evidence 
that adequate notice of a minimum-maintenance road has been 
given to the motoring public. 
    Subd. 3.  [LIMITATIONS.] A trunk highway may not be 
designated as a minimum-maintenance road.  A road may not be 
designated a minimum-maintenance road if federal-state aid to 
Minnesota will be reduced as a result.  A road authority may not 
acquire additional right-of-way or easement by eminent domain or 
otherwise without the consent of the landowner, for the purpose 
of constructing or designating a minimum-maintenance road, 
except where necessary for drainage or public safety. 
    Subd. 4.  [LIABILITY.] A minimum-maintenance road may be 
maintained at a level less than the minimum maintenance 
standards required for state-aid highways, roads, and streets, 
but must be maintained at the level required to serve the 
occasional or intermittent traffic.  Where a road has been 
designated by resolution as a minimum-maintenance road and signs 
have been posted under subdivision 2, the road authority with 
jurisdiction over the road, and its officers and employees, are 
exempt from liability for any tort claim for injury to person or 
property arising from travel on the minimum-maintenance road and 
related to its maintenance or condition.  Nothing in this 
section shall exempt a road authority from its duty to maintain 
bridges under chapter 165 or other applicable law. 
    Approved May 23, 1985