Minnesota Session Laws - 1990, Regular Session

  

                         Laws of Minnesota 1990 

                        CHAPTER 420-S.F.No. 2541 
           An act relating to real property; providing for filing 
          and recording of maps or plats for proposed 
          rights-of-way by local governing bodies; proposing 
          coding for new law in Minnesota Statutes, chapter 505. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
     Section 1.  [505.1793] [PROPOSED RIGHT-OF-WAY ACQUISITIONS 
BY LOCAL AUTHORITIES; FILING FOR RECORD.] 
     Subdivision 1.  [FILING AND RECORDING.] To facilitate the 
acquisition of right-of-way required for public transportation 
and public utility and drainage easements, the governing body of 
a statutory or home rule charter city or town may file for 
record in the office of the county recorder or registrar of 
titles in the county in which right-of-way is to be acquired, 
orders or resolutions, as required by law, in the form of maps 
or plats showing right-of-way by course distance, bearing and 
arc length, and other rights or interests in land to be acquired 
as the governing body determines necessary.  The map or plat 
must show by outline all tracts and parcels of land affected by 
the proposed acquisition.  The map or plat must be subscribed by 
the mayor or chair of the governing body and prepared and 
certified by a registered land surveyor.  The certified map or 
plat is entitled to record without compliance with chapter 505. 
     Subd. 2.  [CHANGES IN MAPS OR PLATS.] Amendments, 
alterations, rescissions, or vacations of orders, resolutions, 
maps, or plats so filed are entitled to record in the same 
manner.  The recorder or registrar may make suitable notations 
on the appropriate map or plat affected by an amendment, 
alteration, rescission, or vacation to direct the attention of 
anyone examining the record to the proper map or plat. 
    Subd. 3.  [ERRORS; CORRECTING CERTIFICATE.] If an error on 
a map or plat incorrectly defines the intended acquisition, but 
does not affect rights of interests to be acquired, a 
certificate may be prepared stating what the defect is, what the 
correct information is, and which map or plat the certificate 
affects.  The certificate must be signed by a licensed land 
surveyor and subscribed by the mayor or chair of the governing 
body.  The certificate must be filed for record in the office of 
the county recorder or registrar of titles in the county where 
the map or plat is filed.  When filed, the certificate amends 
the map or plat.  The recorder or registrar may make suitable 
notations on the map or plat to which the certificate refers to 
direct the attention of anyone examining the map or plat to the 
record of the certificate. 
     Subd. 4.  [NO EFFECT ON TITLE.] Maps or plats filed for 
record under this section do not operate of themselves to 
transfer title to the property described and designated by 
appropriate parcel number, but the maps or plats are to be used 
for delineation purposes. 
     Subd. 5.  [DESCRIPTION BY REFERENCE.] Land acquisition by 
the governing body for public transportation and public utility 
and drainage easements by instrument of conveyance or by eminent 
domain proceedings may refer to the map or plat and parcel 
number, together with delineation of the parcel, as the only 
manner of description necessary for the acquisition. 
    Presented to the governor April 5, 1990 
    Signed by the governor April 6, 1990, 11:43 a.m.