Minnesota Administrative Rules

8830.5810 PROGRAM CRITERIA.

Subpart 1.

Eligibility.

An abandoned rail line or right-of-way is eligible for acquisition and preservation in the state rail bank if it meets the requirements of Minnesota Statutes, section 222.63, subdivision 2b.

Subp. 2.

Criteria.

The commissioner will consider the following criteria in determining whether an abandoned rail line or right-of-way will be acquired:

A.

the availability of program funds;

B.

the probability of the rail line being utilized for the purpose identified;

C.

the likelihood that an alternative rail line right-of-way could not be reestablished in the future;

D.

the likelihood that no other entity will acquire the rail line for an appropriate use; and

E.

the adequacy of the title and the costs to cure defects in the title.

Subp. 3.

[Repealed, 23 SR 524]

Subp. 4.

[Repealed, 23 SR 524]

Statutory Authority:

MS s 218.071; 219.073; 219.165; 219.17; 219.384; 222.50; 222.58; 222.63

History:

23 SR 524

Published Electronically:

October 2, 2007