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Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

  
    Laws of Minnesota 1993 

                        CHAPTER 275-S.F.No. 653 
           An act relating to local government; providing 
          conditions for the establishment of town roads; 
          providing for a deputy registrar of motor vehicles; 
          amending Minnesota Statutes 1992, section 164.08, 
          subdivision 2. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
     Section 1.  Minnesota Statutes 1992, section 164.08, 
subdivision 2, is amended to read: 
    Subd. 2.  [MANDATORY ESTABLISHMENT; CONDITIONS.] 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.  The town board may select 
an alternative route other than that petitioned for if the 
alternative is deemed by the town board to be less disruptive 
and damaging to the affected landowners and in the public's best 
interest.  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. 
    Sec. 2.  [ESTABLISHMENT OF AN OFFICE OF DEPUTY REGISTRAR OF 
MOTOR VEHICLES IN DEER RIVER.] 
    Notwithstanding Minnesota Statutes, section 168.33, and 
rules adopted by the commissioner of public safety, limiting 
sites for the office of deputy registrar, the Itasca county 
auditor may, with the approval of the registrar of motor 
vehicles, appoint an officer or employee of the city of Deer 
River to operate a registration and motor vehicle tax collection 
bureau in the city of Deer River.  All other provisions 
regarding the appointment and operation of a deputy registrar 
office under Minnesota Statutes, section 168.33, and Minnesota 
Rules, chapter 7406, apply to the office. 
    Sec. 3.  [EFFECTIVE DATE.] 
    Section 2 shall become effective the day following final 
enactment without local approval as provided in Minnesota 
Statutes, section 645.023, subdivision 1, paragraph (a). 
    Presented to the governor May 15, 1993 
    Signed by the governor May 19, 1993, 10:32 a.m.