Minnesota Session Laws - 2010, Regular Session

CHAPTER 279--H.F.No. 2231

An act

relating to transportation; allowing road authorities to remove snow from certain roads in uncompleted subdivisions;

amending Minnesota Statutes 2008, section 160.21, by adding a subdivision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2008, section 160.21, is amended by adding a subdivision to read:

new text begin Subd. 6. new text end

new text begin Uncompleted subdivisions. new text end

new text begin (a) A road authority, including a statutory or home rule charter city, may remove snow from unopened or private roads in uncompleted subdivisions containing five or more lots, upon adoption of an annual resolution finding that the subdivision developer, due to general insolvency or pending foreclosure, is unable to maintain the roads and that public safety may be jeopardized if the access of school buses, public works vehicles, or authorized emergency vehicles, as defined in section 169.011, subdivision 3, is obstructed. Snow removal activities are limited to streets reasonably necessary for access by these buses or vehicles. new text end

new text begin (b) Snow removal under this subdivision does not constitute: new text end

new text begin (1) acceptance of the road from the developer by the road authority for public use; new text end

new text begin (2) the opening of the road to public use; nor new text end

new text begin (3) a use, repair, or maintenance of the road sufficient for the purposes of dedication of roads under section 160.05. new text end

new text begin (c) The road authority may impose a reasonable and proportionate charge on all properties within the subdivision for services provided under this subdivision. These charges, if unpaid, may constitute a lien upon the properties within the subdivision and may be collected as a special assessment as provided by section 492.101 or by charter. new text end

new text begin (d) Where a road has been maintained pursuant to this subdivision, the road authority with jurisdiction over the road, and its officers and employees, are exempt from liability for any tort claim for injury to person or property arising from plowing, maintaining, or otherwise working on the road and from traveling on the road and related to its maintenance or condition. This paragraph does not apply to a claim for injury that is affirmatively caused by a negligent act of the road authority or its officers and employees. new text end

new text begin (e) This subdivision expires May 2, 2013. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Presented to the governor April 22, 2010

Signed by the governor April 26, 2010, 5:17 p.m.