Minnesota Session Laws - 1989, Regular Session

  

                         Laws of Minnesota 1989 

                        CHAPTER 183-H.F.No. 400 
           An act relating to natural resources; requiring 
          written notice to the commissioner of natural 
          resources of the vacation of roads, highways, streets, 
          alleys, and similar public grounds that terminate at 
          or abut upon any public water; amending Minnesota 
          Statutes 1988, sections 161.16, subdivision 6; 163.11, 
          by adding a subdivision; 164.07, subdivision 2; 
          412.851; 440.13; 440.135, subdivision 2; and 505.14. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1988, section 161.16, 
subdivision 6, is amended to read: 
    Subd. 6.  [VACATION.] When the definite location of any 
trunk highway takes the place of and serves the same purpose as 
any portion of an existing road, however established, the 
commissioner may make an order vacating such portion of the 
road.  A copy of the order shall be served upon the owners and 
occupants of the lands on which is located the portion of the 
road so vacated and, if the road terminates at or abuts upon any 
public water, a copy of the order also shall be served upon the 
commissioner of natural resources.  The notice under this 
subdivision is for notification purposes only and does not 
create a right of intervention by the commissioner of natural 
resources.  A copy of the order, together with proof of service, 
or affidavit of publication if the owners are unknown or reside 
outside the state, shall be filed with the county auditor of the 
county in which such lands lie.  Any person claiming to be 
damaged by the vacation may appeal at any time within 30 days 
after the service of the order to the district court of the 
county for a determination of damages, by serving notice of the 
appeal on the commissioner and filing same with proof of service 
in the office of the court administrator of the district court.  
The appeal shall be tried in the same manner as an appeal from 
an award in proceedings in eminent domain.  
    Sec. 2.  Minnesota Statutes 1988, section 163.11, is 
amended by adding a subdivision to read: 
    Subd. 8.  [HIGHWAYS TERMINATING AT OR ABUTTING UPON PUBLIC 
WATER.] Not less than 30 days before the hearing on any 
resolution to vacate, disclaim, or extinguish a county highway 
or an interest in a county highway that terminates at or abuts 
upon any public water, the county board shall serve notice of 
the hearing by certified mail on the commissioner of natural 
resources.  The notice under this subdivision is for 
notification purposes only and does not create a right of 
intervention by the commissioner of natural resources. 
    Sec. 3.  Minnesota Statutes 1988, section 164.07, 
subdivision 2, is amended to read: 
    Subd. 2.  [HEARING.] The petition shall be filed with the 
town clerk, who shall forthwith present it to the town board.  
The town board within 30 days thereafter shall make an order 
describing as nearly as practicable the road proposed to be 
established, altered, or vacated and the several tracts of land 
through which it passes, and fixing a time and place when and 
where it will meet an act upon the petition.  The petitioners 
shall cause personal service of such order to be made upon each 
occupant of such land at least ten days before such meeting and 
cause ten days' posted notice thereof to be given.  In addition, 
the petitioners shall serve notice of the order by certified 
mail upon the commissioner of natural resources at least 30 days 
before such meeting if the road to be vacated terminates at or 
abuts upon any public water.  The notice under this subdivision 
is for notification purposes only and does not create a right of 
intervention by the commissioner of natural resources. 
    Sec. 4.  Minnesota Statutes 1988, section 412.851, is 
amended to read: 
    412.851 [VACATION OF STREETS.] 
    The council may by resolution vacate any street, alley, 
public grounds, public way, or any part thereof, on its own 
motion or on petition of a majority of the owners of land 
abutting on the street, alley, public grounds, public way, or 
part thereof to be vacated.  When there has been no petition, 
the resolution may be adopted only by a vote of four-fifths of 
all members of the council.  No such vacation shall be made 
unless it appears in the interest of the public to do so after a 
hearing preceded by two weeks' published and posted notice.  In 
addition, if the street, alley, public grounds, public way, or 
any part thereof terminates at or abuts upon any public water, 
no vacation shall be made unless written notice of the petition 
or proposed resolution is served by certified mail upon the 
commissioner of natural resources at least 30 days before the 
hearing on the matter.  The notice under this subdivision is for 
notification purposes only and does not create a right of 
intervention by the commissioner of natural resources.  After a 
resolution of vacation is adopted, the clerk shall prepare a 
notice of completion of the proceedings which shall contain the 
name of the city, an identification of the vacation, a statement 
of the time of completion thereof and a description of the real 
estate and lands affected thereby. The notice shall be presented 
to the county auditor who shall enter the same in the transfer 
records and note upon the instrument, over official signature, 
the words "entered in the transfer record." The notice shall 
then be filed with the county recorder.  Any failure to file the 
notice shall not invalidate any such vacation proceedings. 
    Sec. 5.  Minnesota Statutes 1988, section 440.13, is 
amended to read: 
    440.13 [COUNCIL MAY VACATE STREETS IN CITIES OF THE FOURTH 
CLASS.] 
    In any city of the fourth class organized under a home rule 
charter, the council thereof shall have power by a majority vote 
of the council to vacate any street or highway, or any part of 
any street or highway therein, upon the petition of all the 
owners of lands abutting both sides of the street or highway, or 
part thereof, proposed to be vacated wherein one end of the 
street or highway, or part thereof proposed to be vacated does 
not connect with any other street or highway.  If any part of 
the street or highway proposed to be vacated terminates at or 
abuts upon any public water, the petitioners shall serve notice 
of the petition by certified mail upon the commissioner of 
natural resources at least 30 days before the council hearing on 
the matter.  The notice under this subdivision is for 
notification purposes only and does not create a right of 
intervention by the commissioner of natural resources.  Except 
as herein provided all other provisions of the home rule charter 
shall apply to and govern the proceeding.  
    Sec. 6.  Minnesota Statutes 1988, section 440.135, 
subdivision 2, is amended to read: 
    Subd. 2.  [COUNCIL MAY VACATE; CONDITIONS.] In addition to 
any other method provided by law, the council of such city, upon 
the presentation and filing of a verified petition signed by or 
on behalf of any owner, natural or corporate, of any real estate 
abutting thereon, may vacate any street or segment of street or 
any portion of the width thereof within its geographical limits, 
provided only that the street, segment, or portion thereof so 
vacated pursuant to such petition shall not be longer than the 
distance intervening between any two adjacent intersecting 
streets.  If any street, segment, or portion thereof proposed to 
be vacated terminates at or abuts upon any public water, the 
petitioners shall serve notice of the petition by certified mail 
upon the commissioner of natural resources at least 30 days 
before the council hearing on the matter.  The notice under this 
subdivision is for notification purposes only and does not 
create a right of intervention by the commissioner of natural 
resources. 
    Sec. 7.  Minnesota Statutes 1988, section 505.14, is 
amended to read: 
    505.14 [VACATION.] 
    Upon the application of the owner of land included in any 
plat, and upon proof that all taxes assessed against such land 
have been paid, and the notice hereinafter provided for given, 
the district court may vacate or alter all, or any part, of such 
plat, and adjudge the title to all streets, alleys, and public 
grounds to be in the persons entitled thereto; but streets or 
alleys connecting separate plats or lying between blocks or lots 
or providing access for the public to any public water, shall 
not be vacated between such lots, blocks, or plats as are not 
also vacated, unless it appears that the street or alley or part 
thereof sought to be vacated is useless for the purpose for 
which it was laid out.  If any part of a street, alley, or 
public ground proposed for vacation terminates at or abuts upon 
any public water, the petitioner shall serve notice of the 
petition by certified mail upon the commissioner of natural 
resources at least 30 days before the term at which it shall be 
heard.  The notice under this subdivision is for notification 
purposes only and does not create a right of intervention by the 
commissioner of natural resources.  The petitioner shall cause 
two weeks published and posted notice of such application to be 
given, the last publication to be at least ten days before the 
term at which it shall be heard; and the petitioner shall also 
serve personally, or cause to be served personally, notice of 
such application, at least ten days before the term at which the 
application shall be heard, upon the mayor of the city, the 
president of the statutory city, or the chair of the town board 
of the town where such land is situated.  The court shall hear 
all persons owning or occupying land that would be affected by 
the proposed vacation, and if, in the judgment of the court, the 
same would be damaged, the court may determine the amount of 
such damage and direct its payment by the applicant before the 
vacation or alteration shall take effect.  A certified copy of 
the order of the court shall be filed with the county auditor, 
and recorded by the county recorder.  The district court shall 
not vacate or alter any street, alley, or public ground 
dedicated to the public use in or by any such plat in any city 
or town organized under a charter or special law which provides 
a method of procedure for the vacation of streets and public 
grounds by the municipal authorities of such city or town. 
    Presented to the governor May 18, 1989 
    Signed by the governor May 19, 1989, 12:09 a.m.