Minnesota Session Laws - 2000, Regular Session

                            CHAPTER 334-S.F.No. 2511 
                  An act relating to transportation; allowing entry on 
                  property for examination and survey; allowing towns to 
                  recover certain costs incurred in establishing 
                  cartways; amending Minnesota Statutes 1998, sections 
                  164.07, by adding a subdivision; and 164.08, 
                  subdivision 2. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1998, section 164.07, is 
        amended by adding a subdivision to read: 
           Subd. 13.  [ENTRY ON LAND FOR PROPERTY EXAMINATIONS AND 
        SURVEYS.] For the purposes of this section and section 164.08, 
        the town board, its employees or agents, may enter upon any 
        property, public or private, to conduct property examinations 
        and surveys.  This subdivision does not grant immunity to the 
        town board, its employees, or agents for damage caused to public 
        or private property as the result of an entry onto the property. 
           Sec. 2.  Minnesota Statutes 1998, 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.  A town board shall 
        establish a cartway upon a petition of an owner of a tract of 
        land that, as of January 1, 1998, was on record as a separate 
        parcel, contained at least two but less than five acres, and has 
        no access thereto except over the lands of others.  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, 
        hearing costs, administrative costs, recording costs, and other 
        costs and expenses 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. 
           Presented to the governor March 31, 2000 
           Signed by the governor April 4, 2000, 3:54 p.m.