1997 Minnesota Statutes

   160.10 Roads on mineral lands.  

    Subdivision 1.    Change of location; standards for 
 relocated road.  When any road, including any street within a 
 city crosses mineral land and the road interferes with mining 
 operations on the land, the owner or lessee of the land may 
 notify the road authority of the interference and request that 
 the road be relocated.  The road authority shall, thereupon in 
 the manner provided by law, relocate the road so as not to 
 interfere with the mining operations.  The relocated road shall 
 be constructed to at least the engineering standards of the old 
 road unless the road authority determines that such standards 
 are not necessary for safety or for the convenience of public 
 travel.  All right-of-way needed for such relocation shall be 
 provided by the owner or lessee of the land or shall be acquired 
 by the road authority by gift, purchase, or other manner 
 provided by law.  

    Subd. 2.    Buildings, structures, relocation of road.  
 When any road crosses any lands including mineral lands outside 
 the limits of any city and such road interferes with the placing 
 of buildings, structures, or other improvements on such land, 
 the road authority may relocate the road upon the request of the 
 owner of the land; provided that the safety and convenience of 
 public travel shall not be impaired thereby.  

    Subd. 3.    Surety bond.  Before relocating such road, 
 the road authority may require of such owner or lessee a surety 
 bond in a sum as the road authority deems sufficient, 
 conditioned for the payment of all damages and all costs 
 incident to the relocation.  

    Subd. 4.    Construction of relocated road.  The owner 
 or lessee may choose to construct the relocated road with the 
 owner's or lessee's own forces or by contract, or may elect to 
 have the construction done in whole or in part by the road 
 authority.  The owner or lessee and the road authority shall 
 enter into an agreement setting forth the respective 
 responsibilities of each in accord with the provisions of this 
 section.  

    Subd. 5.    Approval of plans and inspection of 
 construction work.  If the owner or lessee elects to 
 construct the relocated road, the design and plans therefor 
 shall first be approved by the road authority.  The road 
 authority shall have the right to inspect the construction work 
 as it progresses, and the construction work shall be approved by 
 the road authority prior to the road being opened for travel.  

    Subd. 6.    Damages.  The owner or lessee shall be 
 liable to the owner or occupant of any land abutting upon such 
 road or any affected by such change to the extent of the damage 
 sustained by reason of such change and for the recovery of which 
 an action may be brought.  All right-of-way costs and all costs 
 of right-of-way acquisition, and all construction costs shall be 
 paid by the owner or lessee requesting such relocation; 
 provided, that if the road authority determines that such 
 relocation shall be constructed to a greater width or to a 
 higher standard than the old road, the road authority shall pay 
 the additional right-of-way or construction costs incurred 
 thereby. 

    Subd. 7.    Agreements.  When any road including 
 streets within cities is to be established over mineral lands, 
 or over lands containing gravel, the road authority and the 
 owner or lessee may enter into equitable agreements to provide 
 for the use of such lands for road purposes and for the 
 relocation of the road whenever the road interferes with mining 
 operations.  

    Subd. 8.    Section construction.  Nothing in this 
 section shall be construed to limit the power of any road 
 authority including road authorities of cities to vacate a road 
 by or under any other provision of law.  Nothing herein shall 
 affect contractual rights or obligations in existence as of the 
 date of the passage of this section between the road authority 
 and the owner or lessee of mining lands.  

    HIST: 1959 c 500 art 1 s 10; 1973 c 123 art 5 s 7; 1986 c 444