Minnesota Session Laws - 2005, Regular Session

                            CHAPTER 117-H.F.No. 436 
                  An act relating to natural resources; requiring 
                  commissioner's evaluation before vacating certain 
                  roads adjacent to public waters; creating right of 
                  intervention; providing an exemption for participants 
                  in National Veterans Wheelchair Games; amending 
                  Minnesota Statutes 2004, sections 164.07, subdivision 
                  2; 412.851; 505.14. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2004, section 164.07, 
        subdivision 2, is amended to read: 
           Subd. 2.  [HEARING; NOTICE.] (a) The petition shall be 
        filed with the town clerk, who shall forthwith present it to the 
        town board.  The town board within 30 days thereafter shall make 
        an order describing as nearly as practicable the road proposed 
        to be established, altered, or vacated and the several tracts of 
        land through which it passes, and fixing a time and place when 
        and where it will meet and act upon the petition.  The order 
        must also contain a notice to affected landowners that a 
        landowner is entitled to judicial review of damages, need, and 
        purpose under subdivision 7 following a determination to 
        establish or alter a road.  The petitioners shall cause personal 
        service of such the order and a copy of the petition to be made 
        upon each occupant of such the land at least ten days before 
        such the meeting and cause ten days' posted notice thereof to be 
        given.  
           (b) In addition, the petitioners shall serve notice of the 
        order by certified mail upon the commissioner of natural 
        resources at least 30 60 days before such the meeting required 
        under paragraph (a), if the road to be vacated terminates at or, 
        abuts upon, or is adjacent to any public water.  The notice 
        under this paragraph is for notification purposes only and does 
        not create a right of intervention by the commissioner of 
        natural resources.  At least 15 days prior to convening the 
        meeting required under paragraph (a), the town board or its 
        designee must consult with the commissioner of natural resources 
        to review the proposed vacation.  The commissioner must evaluate:
           (1) the proposed vacation and the public benefits to do so; 
           (2) the present and potential use of the land for access to 
        public waters; and 
           (3) how the vacation would impact conservation of natural 
        resources.  
        The commissioner must advise the town board or its designee 
        accordingly upon the evaluation. 
           Sec. 2.  Minnesota Statutes 2004, section 412.851, is 
        amended to read: 
           412.851 [VACATION OF STREETS.] 
           The council may by resolution vacate any street, alley, 
        public grounds, public way, or any part thereof, on its own 
        motion or on petition of a majority of the owners of land 
        abutting on the street, alley, public grounds, public way, or 
        part thereof to be vacated.  When there has been no petition, 
        the resolution may be adopted only by a vote of four-fifths of 
        all members of the council.  No such vacation shall be made 
        unless it appears in the interest of the public to do so after a 
        hearing preceded by two weeks' published and posted notice.  The 
        council shall cause written notice of the hearing to be mailed 
        to each property owner affected by the proposed vacation at 
        least ten days before the hearing.  The notice must contain, at 
        minimum, a copy of the petition or proposed resolution as well 
        as the time, place, and date of the hearing.  In addition, if 
        the street, alley, public grounds, public way, or any part 
        thereof terminates at or, abuts upon, or is adjacent to any 
        public water, no vacation shall be made unless written notice of 
        the petition or proposed resolution is must be served by 
        certified mail upon the commissioner of natural resources at 
        least 30 60 days before the hearing on the matter.  The notice 
        to the commissioner of natural resources is for notification 
        purposes only and does not create a right of intervention by the 
        commissioner.  At least 15 days prior to convening the hearing 
        required under this section, the council or its designee must 
        consult with the commissioner of natural resources to review the 
        proposed vacation.  The commissioner must evaluate: 
           (1) the proposed vacation and the public benefits to do so; 
           (2) the present and potential use of the land for access to 
        public waters; and 
           (3) how the vacation would impact conservation of natural 
        resources.  
        The commissioner must advise the city council or its designee 
        accordingly upon the evaluation.  After a resolution of vacation 
        is adopted, the clerk shall prepare a notice of completion of 
        the proceedings which shall contain the name of the city, an 
        identification of the vacation, a statement of the time of 
        completion thereof and a description of the real estate and 
        lands affected thereby.  The notice shall be presented to the 
        county auditor who shall enter the same in the transfer records 
        and note upon the instrument, over official signature, the words 
        "entered in the transfer record."  The notice shall then be 
        filed with the county recorder.  Any failure to file the notice 
        shall not invalidate any such vacation proceedings. 
           Sec. 3.  Minnesota Statutes 2004, section 505.14, is 
        amended to read: 
           505.14 [VACATION.] 
           Upon the application of the owner of land included in any 
        plat, and upon proof that all taxes assessed against such the 
        land have been paid, and the notice hereinafter provided for 
        given, the district court may vacate or alter all, or any part, 
        of such the plat, and adjudge the title to all streets, alleys, 
        and public grounds to be in the persons entitled thereto; but 
        streets or alleys connecting separate plats or lying between 
        blocks or lots or providing access for the public to any public 
        water, shall not be vacated between such the lots, blocks, or 
        plats as are not also vacated, unless it appears that the street 
        or alley or part thereof sought to be vacated is useless for the 
        purpose for which it was laid out.  If any part of a street, 
        alley, or public ground proposed for vacation terminates at or, 
        abuts upon, or is adjacent to any public water, the petitioner 
        shall serve notice of the petition by certified mail upon the 
        commissioner of natural resources at least 30 60 days before the 
        term at which it shall be heard.  The notice under this 
        subdivision is for notification purposes only and does not 
        create creates a right of intervention by the commissioner of 
        natural resources.  The petitioner shall cause two weeks 
        published and posted notice of such application to be given, the 
        last publication to be at least ten days before the term at 
        which it shall be heard; and the petitioner shall also serve 
        personally, or cause to be served personally, notice of such the 
        application, at least ten days before the term at which the 
        application shall be heard, upon the mayor of the city, the 
        president of the statutory city, or the chair of the town board 
        of the town where such the land is situated.  The court shall 
        hear all persons owning or occupying land that would be affected 
        by the proposed vacation, and if, in the judgment of the court, 
        the same would be damaged, the court may determine the amount of 
        such the damage and direct its payment by the applicant before 
        the vacation or alteration shall take effect.  A certified copy 
        of the order of the court shall be filed with the county 
        auditor, and recorded by the county recorder.  The district 
        court shall not vacate or alter any street, alley, or public 
        ground dedicated to the public use in or by any such plat in any 
        city or town organized under a charter or special law which 
        provides a method of procedure for the vacation of streets and 
        public grounds by the municipal authorities of such the city or 
        town. 
           Sec. 4.  [WHEELCHAIR SECUREMENT POSITION TEMPORARY 
        EXEMPTION.] 
           Notwithstanding any contrary provisions in Minnesota 
        Statutes, chapter 299A, or Minnesota Rules, chapter 7450, 
        enrolled participants in the National Veterans Wheelchair Games 
        may be transported in transit vehicles in side-facing positions. 
        Transportation services and operators of transit vehicles, when 
        they are providing transportation to enrolled participants in 
        the National Veterans Wheelchair Games in the counties of 
        Hennepin and Ramsey, are exempt from statutes and rules insofar 
        as they prohibit transportation of wheelchair users in 
        side-facing positions.  This exemption is effective on June 26, 
        2005, and expires on July 3, 2005. 
           Presented to the governor May 24, 2005 
           Signed by the governor May 27, 2005, 3:15 p.m.