Minnesota Session Laws - 1995, Regular Session

                             CHAPTER 45-H.F.No. 715 
                  An act relating to towns; providing for damage award 
                  to affected property owner when town board adopts a 
                  recorded town road map; amending Minnesota Statutes 
                  1994, section 164.35, subdivision 4. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1994, section 164.35, 
        subdivision 4, is amended to read: 
           Subd. 4.  [PROCEDURE TO ADOPT MAP.] (a) The town board 
        shall pass a resolution of its intent to hold a public hearing 
        to consider recording roads by adopting an official map.  
           (b) The town board must prepare an official map as provided 
        in subdivision 3, and set a time, place, and date for a public 
        hearing on adopting a recorded town road map to record roads.  
           (c) The hearing notice must state that the roads to be 
        recorded will be as four rod roads with the official and 
        permanent alignment being 33 feet on either side of the existing 
        center line, except that (1) townline roads may be recorded for 
        only the 33 feet located within the town holding that public 
        hearing, and (2) a road previously recorded as less or greater 
        than a 66-foot right-of-way may be recorded at its actual width 
        and the width must be duly recorded on the map.  The hearing 
        notice must be published once a week for two successive weeks in 
        a qualified newspaper of general circulation that serves the 
        town, the last publication to be made at least ten days before 
        the date of the public hearing.  At least 30 days before the 
        hearing, the hearing notice must be sent by mail to the property 
        owners directly affected in the town at the addresses listed on 
        tax assessment notices.  The hearing notice may be sent with the 
        tax assessment but all additional costs incurred may be billed 
        to the town.  
           (d) After the public hearing is held, the town board may 
        amend and adopt the recorded town road map.  The recorded town 
        road map must be adopted by resolution and the map must be dated 
        and signed by the chair and clerk of the town board and must be 
        recorded with the county recorder within 90 days after the map 
        is adopted.  
           (e) The map of recorded town roads that is recorded with 
        the county recorder must comply with the standards of the county 
        recorder where the town is located. 
           (f) A recorded town road map that was prepared by using 
        aerial photographs to establish road center lines and that has 
        been duly recorded with the county recorder, is an adequate 
        description for purposes of recording road easements and the map 
        is the legally constituted description and prevails when a deed 
        for a parcel abutting a road contains no reference to a road 
        easement.  Nothing prevents the town board from accepting a more 
        definitive metes and bounds or survey description of a road 
        easement for a road of record in its jurisdiction providing the 
        description of the easement is referenced to equal distance on 
        both sides of the existing road center line.  
           (g) To the extent this section requires recording or 
        dedicating a town road to a width greater than that of its 
        previous, actual public use, section 164.07 governs any award or 
        procedures relating to damages sustained, if any, by the 
        affected property owner. 
           Sec. 2.  [EFFECTIVE DATE.] 
           Section 1 is effective the day following final enactment. 
           Presented to the governor April 17, 1995 
           Signed by the governor April 18, 1995, 12:06 p.m.