Minnesota Session Laws - 1989, Regular Session

  

                         Laws of Minnesota 1989 

                         CHAPTER 16-H.F.No. 512 
           An act relating to local government; authorizing towns 
          to require a bond or other security in establishing 
          cartways; amending Minnesota Statutes 1988, section 
          164.08, subdivision 2.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1988, section 164.08, 
subdivision 2, is amended to read: 
    Subd. 2.  [SHALL BE ESTABLISHED IN CERTAIN INSTANCES.] Upon 
petition presented to the town board by the owner of a tract of 
land containing at least five acres, who has no access thereto 
except over the lands of others, or whose access thereto is less 
than two rods in width, the town board by resolution shall 
establish a cartway at least two rods wide connecting the 
petitioner's land with a public road.  In an unorganized 
territory, the board of county commissioners of the county in 
which the tract is located shall act as the town board.  The 
proceedings of the town board shall be in accordance with 
section 164.07.  The amount of damages shall be paid by the 
petitioner to the town before such cartway is opened.  For the 
purposes of this subdivision damages shall mean the 
compensation, if any, awarded to the owner of the land upon 
which the cartway is established together with the cost of 
professional and other services which the town may incur in 
connection with the proceedings for the establishment of the 
cartway.  The town board may by resolution require the 
petitioner to post a bond or other security acceptable to the 
board for the total estimated damages before the board takes 
action on the petition. 
    Town road and bridge funds shall not be expended on the 
cartway unless the town board, or the county board acting as the 
town board in the case of a cartway established in an 
unorganized territory, by resolution determines that an 
expenditure is in the public interest.  If no resolution is 
adopted to that effect, the grading or other construction work 
and the maintenance of the cartway is the responsibility of the 
petitioner, subject to the provisions of section 164.10.  After 
the cartway has been constructed the town board, or the county 
board in the case of unorganized territory, may by resolution 
designate the cartway as a private driveway with the written 
consent of the affected landowner in which case from the 
effective date of the resolution no town road and bridge funds 
shall be expended for maintenance of the driveway; provided that 
the cartway shall not be vacated without following the vacation 
proceedings established under section 164.07. 
    Presented to the governor March 29, 1989 
    Signed by the governor March 29, 1989, 1:45 p.m.