Minnesota Session Laws - 2005, Regular Session

                            CHAPTER 101-S.F.No. 1326 
                  An act relating to natural resources; providing for an 
                  official map of state and county forest roads as an 
                  alternative recording method; proposing coding for new 
                  law in Minnesota Statutes, chapters 89; 282. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  [89.715] [ALTERNATIVE RECORDING FOR STATE 
        FOREST ROAD.] 
           Subdivision 1.  [AUTHORIZATION.] The commissioner may adopt 
        a recorded state forest road map under this section to record 
        the department's state forest road prescriptive easements.  For 
        purposes of this section, "recorded state forest road map" means 
        the official map of state forest roads. 
           Subd. 2.  [MAP REQUIREMENTS.] The recorded state forest 
        road map must: 
           (1) show state forest roads at the time the map is adopted; 
           (2) be prepared at a scale of at least four inches equals 
        one mile; 
           (3) include section numbers; 
           (4) include a north point arrow; 
           (5) include the name of the county and state; 
           (6) include a blank and a description under the blank for 
        the date of public hearing and date of adoption; 
           (7) include blanks for signatures and dates of signatures 
        for the commissioner; and 
           (8) include a list of legal descriptions of all parcels 
        crossed by state forest road prescriptive easements. 
           Subd. 3.  [PROCEDURE TO ADOPT MAP.] (a) The commissioner 
        must prepare an official map for each county or smaller 
        geographic area as determined by the commissioner as provided in 
        subdivision 2, and set a time, place, and date for a public 
        hearing on adopting a recorded state forest road map to record 
        roads. 
           (b) The hearing notice must state that the roads to be 
        recorded will be to the width of the actual use including 
        ditches, backslopes, fills, and maintained rights-of-way, unless 
        otherwise specified in a prior easement of record.  The hearing 
        notice must be published once a week for two successive weeks in 
        a qualified newspaper of general circulation that serves the 
        county or smaller geographic areas as determined by the 
        commissioner, 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 certified mail 
        to the property owners directly affected in the county or 
        smaller geographic areas as determined by the commissioner at 
        the addresses listed on the tax assessment notices at least 
        seven days before appearing in the qualified newspaper.  The 
        hearing notice may be sent with the tax assessment, but all 
        additional costs incurred shall be billed to the department. 
           (c) After the public hearing is held, the commissioner may 
        amend and adopt the recorded state forest road map.  The 
        recorded state forest road map must be dated and signed by the 
        commissioner and must be recorded with the county recorder 
        within 90 days after the map is adopted. 
           (d) The recorded state forest road map that is recorded 
        with the county recorder must comply with the standards of the 
        county recorder where the state forest roads are located. 
           (e) A recorded state forest road map that was prepared by 
        using aerial photographs to establish road centerlines 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 commissioner from accepting a 
        more definitive metes and bounds or survey description of a road 
        easement for a road of record if the description of the easement 
        is referenced to equal distance on both sides of the existing 
        road centerline. 
           (f) The commissioner shall consult with representatives of 
        county land commissioners, county auditors, county recorders, 
        and Torrens examiners in implementing this subdivision. 
           Subd. 4.  [APPEAL.] (a) Before filing an appeal under 
        paragraph (b), a person may seek resolution of concerns 
        regarding a decision to record a road under this section by 
        contacting the commissioner in writing. 
           (b) A person may appeal a decision to record or exclude 
        recording a road under this section to the district court within 
        120 days after the date the commissioner adopts the state forest 
        road map. 
           Subd. 5.  [UNRECORDED ROAD OR TRAIL NOT AFFECTED.] This 
        section does not affect or diminish the legal status or state 
        obligations of roads and trails not shown on the recorded state 
        forest road map. 
           Subd. 6.  [EXEMPTION.] Adoption of a recorded state forest 
        road map under this section is exempt from the rulemaking 
        requirements of chapter 14 and section 14.386 does not apply. 
           Sec. 2.  [282.041] [ALTERNATIVE RECORDING FOR COUNTY FOREST 
        ROAD.] 
           Subdivision 1.  [DEFINITION.] "County forest road" means a 
        road constructed, acquired, maintained, or administered by the 
        county for the purpose of public access and management of 
        tax-forfeited lands that have been classified as conservation 
        lands under this chapter.  
           Subd. 2.  [AUTHORIZATION.] A county board may adopt a 
        recorded county forest road map according to section 89.715 to 
        record county forest road prescriptive easements.  For purposes 
        of this section, "recorded county forest road map" means the 
        official map of county forest roads.  
           Subd. 3.  [UNRECORDED ROAD OR TRAIL NOT AFFECTED.] This 
        section does not affect the legal status or county obligations 
        of roads and trails not shown on the recorded county forest road 
        map. 
           Presented to the governor May 24, 2005 
           Signed by the governor May 27, 2005, 4:00 p.m.