Minnesota Session Laws - 1993, Regular Session

  
    Laws of Minnesota 1993 

                        CHAPTER 154-H.F.No. 1169 
           An act relating to metropolitan government; requiring 
          the transit commission to obtain consent to use 
          parkways; amending Minnesota Statutes 1992, section 
          473.411, subdivision 5. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1992, section 473.411, 
subdivision 5, is amended to read: 
    Subd. 5.  [USE OF PUBLIC ROADWAYS AND APPURTENANCES.] The 
transit commission may use for the purposes of sections 473.404 
to 473.449 upon the conditions stated in this subdivision any 
state highway or other public roadway, parkway, or lane, or any 
bridge or tunnel or other appurtenance of a roadway, without 
payment of any compensation, provided the use does not interfere 
unreasonably with the public use or maintenance of the roadway 
or appurtenance or entail any substantial additional costs for 
maintenance.  The provisions of this subdivision do not apply to 
the property of any common carrier railroad or common carrier 
railroads.  The consent of the public agency in charge of such 
state highway or other public highway or roadway or appurtenance 
is not required, but; except that if the commission seeks to use 
a designated parkway for regular route service in the city of 
Minneapolis, it must obtain permission from and is subject to 
reasonable limitations imposed by a joint board consisting of 
two representatives from the transit commission, two members of 
the board of park commissioners, and a fifth member jointly 
selected by the representatives of the transit commission and 
the park board.  
    The board of park commissioners and the transit commission 
may designate persons to sit on the joint board.  In considering 
a request by the transit commission to use designated parkways 
for additional routes or trips, the joint board consisting of 
the transit commission or their designees, the board of park 
commissioners or their designees, and the fifth member, shall 
base its decision to grant or deny the request based on the 
criteria to be established by the joint board.  The decision to 
grant or deny the request must be made within 45 days of the 
date of the request.  The park board must be notified 
immediately by the transit commission of any temporary route 
detours.  If the park board objects to the temporary route 
detours within five days of being notified, the joint board must 
convene and decide whether to grant the request, otherwise the 
request is deemed granted.  If the agency objects to the 
proposed use or claims reimbursement from the commission for 
additional cost of maintenance, it may commence an action 
against the commission in the district court of the county 
wherein the highway, roadway, or appurtenance, or major portion 
thereof, is located.  The proceedings in the action must conform 
to the rules of civil procedure applicable to the district 
courts.  The court shall sit without jury.  If the court 
determines that the use in question interferes unreasonably with 
the public use or maintenance of the roadway or appurtenance, it 
shall enjoin the use by the commission.  If the court determines 
that the use in question does not interfere unreasonably with 
the public use or maintenance of the roadway or appurtenance, 
but that it entails substantial additional maintenance costs, 
the court shall award judgment to the agency for the amount of 
the additional costs.  Otherwise the court shall award judgment 
to the commission.  An aggrieved party may appeal from the 
judgment of the district court in the same manner as is provided 
for such appeals in other civil actions.  The commission may 
also use land within the right of way of any state highway or 
other public roadway for the erection of traffic control 
devices, other signs, and passenger shelters upon the conditions 
stated in this subdivision and subject only to the approval of 
the commissioner of transportation where required by statute, 
and subject to the express provisions of other applicable 
statutes and to federal requirements where necessary to qualify 
for federal aid. 
    Sec. 2.  [APPLICATION.] 
    This act applies in the counties of Anoka, Carver, Dakota, 
Hennepin, Ramsey, Scott, and Washington. 
    Presented to the governor May 11, 1993 
    Signed by the governor May 14, 1993, 9:10 a.m.