1997 Minnesota Statutes

     85.015 State trails. 

    Subdivision 1.    Acquisition.  (a) The commissioner of 
 natural resources shall establish, develop, maintain, and 
 operate the trails designated in this section.  Each trail shall 
 have the purposes assigned to it in this section.  The 
 commissioner of natural resources may acquire lands by gift or 
 purchase, in fee or easement, for the trail and facilities 
 related to the trail.  

    (b) Notwithstanding the offering to public entities, 
 referral to executive council, public sale and related notice 
 and publication requirements of sections 94.09 to 94.165, the 
 commissioner of natural resources, in the name of the state, may 
 sell surplus lands not needed for trail purposes at private sale 
 to adjoining property owners and leaseholders.  The conveyance 
 must be by quitclaim in a form approved by the attorney general 
 for a consideration not less than the appraised value.  

    Subd. 1a.    Private subsurface use of trails.  
 Notwithstanding section 272.68, subdivision 3, the commissioner 
 may issue a permit, without a fee, to allow a person who owns 
 land adjacent to a trail established under this section on land 
 owned by the state in fee to continue a subsurface use of the 
 trail right-of-way, if: 

    (1) the person was carrying on the use when the state 
 acquired the land for the trail; and 

    (2) the use does not interfere with the public's use of the 
 trail. 

    Subd. 1b.    Easements for ingress and egress.  
 Notwithstanding section 16A.695, when a trail is established 
 under this section, a private property owner who has a 
 preexisting right of ingress and egress over the trail 
 right-of-way is granted, without charge, a permanent easement 
 for ingress and egress purposes only.  The easement is limited 
 to the preexisting crossing and reverts to the state upon 
 abandonment.  Nothing in this subdivision is intended to 
 diminish or alter any written or recorded easement that existed 
 before the state acquired the land for the trail. 

    Subd. 1c.    Metal traction devices; prohibition on paved 
 trails.  A person may not use a snowmobile with metal traction 
 devices on any paved state trail. 

    Subd. 2.    Casey Jones trail, Murray and Pipestone 
 counties.  (a) The trail shall originate in Lake Shetek state 
 park, Murray county, and from there trail southwesterly to 
 Slayton, Minnesota; thence westerly to the point of intersection 
 with the most easterly terminus of the state-owned abandoned 
 railroad right-of-way, commonly known as the Casey Jones unit; 
 thence westerly along said Casey Jones unit to Pipestone, 
 Minnesota, in Pipestone county, and there terminate.  

    (b) The trail shall be developed primarily for riding and 
 hiking.  Nothing herein shall abrogate the purpose for which the 
 Casey Jones unit was originally established, and the use thereof 
 shall be concurrent.  

    Subd. 3.    Countryview Bicycle trail, Ramsey and 
 Washington counties.  (a) The trail shall originate at Phalen 
 Park in St. Paul and thence extend easterly through Oakdale and 
 Lake Elmo to a point near South Twin Lake, and thence extend to 
 Stillwater in Washington county and there terminate.  

    (b) The trail shall be developed primarily for the use of 
 bicycles.  

    The commissioner may contract and enter into other 
 agreements with state and local road authorities and with local 
 governments in regard to the establishment, development, 
 maintenance, and operation of the trail, including but not 
 limited to speed regulation and signing of the trail.  

    Subd. 4.    Douglas trail, Olmsted, Wabasha, and Goodhue 
 counties.  (a) The trail shall originate at Rochester in 
 Olmsted county and shall follow the route of the Chicago Great 
 Western Railroad to Pine Island in Goodhue county and there 
 terminate.  

    (b) Additional trails may be established that extend the 
 Douglas trail system to include Pine Island, Mazeppa in Wabasha 
 county to Zumbrota, Goodhue, and Red Wing in Goodhue county.  In 
 addition to the criteria in section 86A.05, subdivision 4, these 
 trails must utilize abandoned railroad rights-of-way where 
 possible.  

    (c) The trail shall be developed primarily for riding and 
 hiking.  

    (d) Under no circumstances shall the commissioner acquire 
 any of the right-of-way of the Chicago Great Western Railroad 
 until the abandonment of the line of railway described in this 
 subdivision has been approved by the Interstate Commerce 
 Commission. 

    Subd. 5.    Glacial Lakes trail, Kandiyohi, Pope, and 
 Douglas counties.  (a) The trail shall originate at Kandiyohi 
 county park on the north shore of Green Lake in Kandiyohi county 
 and thence extend northwesterly to Sibley state park, thence 
 northwesterly to Glacial Lakes state park in Pope county, thence 
 northeasterly to Lake Carlos state park in Douglas county, and 
 there terminate. 

    (b) The trail shall be developed primarily for riding and 
 hiking.  

    Subd. 6.    Minnesota Valley trail, Hennepin, Dakota, 
 Scott, Carver, Sibley and Le Sueur counties.  (a) The trail 
 shall originate at Fort Snelling state park and thence extend 
 generally southwesterly along the Minnesota river valley through 
 Hennepin, Dakota, Scott, Carver, Sibley, and Le Sueur counties 
 to the city of Le Sueur, and there terminate.  The trail shall 
 include the following state waysides:  (a) Rice lake wayside, in 
 Scott county; (b) Carver rapids wayside, in Scott county; (c) 
 Lawrence wayside, in Scott county; (d) Belle Plaine wayside, in 
 Carver, Scott, and Sibley counties; (e) Blakeley wayside, in 
 Scott county; and (f) Rush river wayside, in Sibley county.  

    (b) The trail shall be developed primarily for riding and 
 hiking.  Motorized vehicles are prohibited from that portion of 
 the trail on the north side of the Minnesota river, lying 
 between Fort Snelling state park and Rice lake wayside.  

    (c) In establishing, developing, maintaining, and operating 
 the trail the commissioner shall cooperate with local units of 
 government and private individuals and groups whenever feasible. 

    Subd. 7.    Blufflands trail system, Fillmore, Olmsted, 
 Winona, and Houston counties.  (a) The Root River trail shall 
 originate at Chatfield in Fillmore county, and thence extend 
 easterly in the Root river valley to the intersection of the 
 river with Minnesota trunk highway No. 26 in Houston county, and 
 extend to the Mississippi river.  

    (b) Additional trails shall be established that extend the 
 Blufflands trail system to include La Crescent, Hokah, 
 Caledonia, and Spring Grove in Houston county; Preston, Harmony, 
 Fountain, Wykoff, Spring Valley, Mabel, Canton, and Ostrander in 
 Fillmore county; Dover, Eyota, Stewartville, Byron, and Chester 
 Woods county park in Olmsted county; and Winona, Minnesota City, 
 Rollingstone, Altura, Lewiston, Utica, St. Charles, and Elba in 
 Winona county.  In addition to the criteria in section 86A.05, 
 subdivision 4, these trails must utilize abandoned railroad 
 rights-of-way where possible. 

    (c) The trails shall be developed primarily for 
 nonmotorized riding and hiking. 

    Subd. 8.    Sakatah Singing Hills trail, Blue Earth, Le 
 Sueur, and Rice counties.  (a) The trail shall originate at 
 mile post 4.1 of the Chicago and Northwestern Railway Company 
 right-of-way in the junction of Benning, Blue Earth county, and 
 shall extend in a northeasterly direction along the railroad 
 right-of-way to mile post 46.01 of the Chicago and Northwestern 
 Railway at a point commonly known as Faribault Junction in Rice 
 county, a distance of approximately 42 miles, and there 
 terminate. 

    (b) The trail shall be developed primarily for riding and 
 hiking. Motorized vehicles, except snowmobiles, are prohibited 
 from the trail. 

    Subd. 9.  Repealed, 1973 c 684 s 3 

    Subd. 10.    Luce Line trail.  (a) The trail shall 
 originate at Gleason Lake in Plymouth Village, Hennepin county, 
 and shall follow the route of the Chicago Northwestern Railroad. 

    (b) The trail shall be developed for multiuse wherever 
 feasible.  The department shall cooperate in maintaining its 
 integrity for modes of use consistent with local ordinances.  

    (c) In establishing, developing, maintaining, and operating 
 the trail, the commissioner shall cooperate with local units of 
 government and private individuals and groups.  Before acquiring 
 any parcel of land for the trail, the commissioner of natural 
 resources shall develop a management program for the parcel and 
 conduct a public hearing on the proposed management program in 
 the vicinity of the parcel to be acquired.  The management 
 program of the commissioner shall include but not be limited to 
 the following:  (a) fencing of portions of the trail where 
 necessary to protect adjoining landowners; and (b) the 
 maintenance of the trail in a litter free condition to the 
 extent practicable.  

    (d) The commissioner shall not acquire any of the 
 right-of-way of the Chicago Northwestern Railway Company until 
 the abandonment of the line described in this subdivision has 
 been approved by the interstate commerce commission.  
 Compensation, in addition to the value of the land, shall 
 include improvements made by the railroad, including but not 
 limited to, bridges, trestles, public road crossings, or any 
 portion thereof, it being the desire of the railroad that such 
 improvements be included in the conveyance.  The fair market 
 value of the land and improvements shall be recommended by two 
 independent appraisers mutually agreed upon by the parties.  The 
 fair market value thus recommended shall be reviewed by a review 
 appraiser agreed to by the parties, and the fair market value 
 thus determined, and supported by appraisals, may be the 
 purchase price.  The commissioner may exchange lands with 
 landowners abutting the right-of-way described in this section 
 to eliminate diagonally-shaped separate fields.  

    Subd. 11.    Willard Munger trail, Ramsey, Anoka, 
 Washington, Chisago, Pine, and Carlton counties.  (a) The 
 trail shall originate in the vicinity of Arden Hills, Ramsey 
 county, and thence extend northeasterly, traversing Anoka and 
 Washington counties to the vicinity of Taylors Falls in Chisago 
 county; thence northwesterly and northerly to St. Croix state 
 park in Pine county; thence northerly to Jay Cooke state park in 
 Carlton county, and there terminate.  

    (b) The trail shall be developed primarily for riding and 
 hiking. 

    (c) Additional trails shall be established that extend the 
 Willard Munger trail to include Proctor and Hermantown in St. 
 Louis county. 

    Subd. 12.    Heartland trail, Hubbard and Cass counties. 
  (a) The trail shall originate at mile post 90.92 at Park 
 Rapids in Hubbard county and shall extend in an easterly 
 direction along the Burlington Northern Railroad right-of-way 
 through Walker in Cass county.  The trail shall then continue in 
 a northerly direction along the Burlington Northern Railroad 
 right-of-way to Cass Lake in Cass county, and there terminate.  

    (b) The trail shall be developed primarily for riding and 
 hiking.  

    (c) In addition to the authority granted in subdivision 1, 
 lands and interests in lands for the Heartland trail may be 
 acquired by eminent domain.  Before acquiring any land or 
 interest in land by eminent domain the commissioner of 
 administration shall obtain the approval of the governor.  The 
 governor shall consult with the legislative advisory commission 
 before granting approval.  Recommendations of the legislative 
 advisory commission shall be advisory only.  Failure or refusal 
 of the commission to make a recommendation shall be deemed a 
 negative recommendation.  

    Subd. 13.    Arrowhead Region trails, in Cook, Lake, St.  
 Louis, Koochiching and Itasca counties.  (a)(1) The Taconite 
 trail shall originate at Ely in St. Louis county and extend 
 southwesterly to Tower in St. Louis county, thence westerly to 
 McCarthy Beach state park in St. Louis county, thence 
 southwesterly to Grand Rapids in Itasca county and there 
 terminate; 

    (2) The Northshore trail shall originate in Duluth in St.  
 Louis county and extend northeasterly to Two Harbors in Lake 
 county, thence northeasterly to Grand Marais in Cook county, 
 thence northeasterly to the international boundary in the 
 vicinity of the north shore of Lake Superior, and there 
 terminate; 

    (3) The Grand Marais to International Falls trail shall 
 originate in Grand Marais in Cook county and extend 
 northwesterly, outside of the Boundary Waters Canoe Area, to Ely 
 in St. Louis county, thence southwesterly along the route of the 
 Taconite trail to Tower in St. Louis county, thence 
 northwesterly through the Pelican Lake area in St. Louis county 
 to International Falls in Koochiching county, and there 
 terminate. 

    (b) The trails shall be developed primarily for riding and 
 hiking. 

    (c) In addition to the authority granted in subdivision 1, 
 lands and interests in lands for the Arrowhead Region trails may 
 be acquired by eminent domain.  Before acquiring any land or 
 interest in land by eminent domain the commissioner of 
 administration shall obtain the approval of the governor.  The 
 governor shall consult with the legislative advisory commission 
 before granting approval.  Recommendations of the legislative 
 advisory commission shall be advisory only.  Failure or refusal 
 of the commission to make a recommendation shall be deemed a 
 negative recommendation. 

    Subd. 14.    State trail, Ramsey and Washington counties. 
  (a) The trail shall originate at milepost 446.19 on the Soo 
 Line Railroad right-of-way in the Southeast Quarter of Section 
 19, Township 29 North, Range 22 West, Ramsey County, and shall 
 extend in an easterly and northeasterly direction along the Soo 
 Line Railroad right-of-way to milepost 438.33 in the Southwest 
 Quarter of Section 5, Township 29 North, Range 21 West, in 
 Washington County, and there terminate.  

    (b) The trail shall be developed primarily for hiking and 
 nonmotorized riding.  

    (c) In addition to the authority granted in Minnesota 
 Statutes, section 85.015, subdivision 1, lands and interests in 
 lands for the trail may be acquired by eminent domain.  

    (d) The commissioner of natural resources, after consulting 
 with all local units of government affected by the trail, and 
 with the commissioner of transportation and the metropolitan 
 council, shall prepare a master plan for the trail.  After 
 completion of the master plan, any land or interest in land not 
 needed for the trail may be disposed of by the commissioner of 
 natural resources as follows:  

    (1) by transfer to the department of transportation, the 
 historical society, or another state agency; 

    (2) by sale at not less than the purchase price to a city, 
 town, school district, park district, or other political 
 subdivision whose boundaries include or are adjacent to the 
 land, for public purposes only, after written notice to each of 
 these political subdivisions; or 

    (3) if no offer to purchase is received from any political 
 subdivision within one year after the completion of the master 
 plan, then by public sale, at not less than the purchase price, 
 upon notice published in the manner provided in section 92.14, 
 and otherwise in the same manner as trust fund lands are sold, 
 so far as applicable.  

    All proceeds derived from sales of unneeded land and 
 interest in land shall be deposited in the state bond fund.  For 
 the purposes of United States Code, title 23, section 138, and 
 title 49, section 1653(f), any land or interest in land not 
 needed for the trail and transferred to another state agency, or 
 sold, does not constitute permanent park, recreation area, or 
 wildlife or waterfowl refuge facility land.  

    Subd. 15.    Paul Bunyan trail, Crow Wing, Cass, Hubbard, 
 and Beltrami counties.  The trail shall originate in the city 
 of Baxter in Crow Wing county and shall extend in a northerly 
 direction along the Burlington Northern Railroad right-of-way, 
 intersecting the Heartland state trail southeast of the city of 
 Walker in Cass county.  The trail shall continue on the 
 Heartland state trail through the city of Walker, then in a 
 northwesterly direction along the Burlington Northern Railroad 
 right-of-way to the city of Bemidji in Beltrami county and there 
 terminate. 

    Subd. 16.    Superior Vista trail; St. Louis and Lake 
 counties.  The trail shall originate at the city of Duluth and 
 shall extend in a northeasterly direction along the shoreline of 
 Lake Superior to the city of Two Harbors.  The trail shall be 
 designed for bicycles and hikers, shall utilize existing highway 
 and railroad right-of-way where possible, and shall be laid out 
 in a manner to maximize the view of Lake Superior while 
 traversing the length of the trail.  

    Subd. 17.    Shooting Star trail, Mower county.  (a) The 
 trail shall originate in the city of LeRoy and extend in a 
 northwesterly direction through Lake Louise state park and the 
 cities of Taopi, Adams, Rose Creek, and Lyle, to the city of 
 Austin. 

    (b) Additional trails shall be established to connect with 
 the Bluffland trail system in Fillmore county and the trail from 
 Riceville, Iowa.  

    (c) The trail shall be developed primarily for hiking and 
 nonmotorized riding. 

    Subd. 18.    Prairie Wildflower trail, Mower, Dodge, 
 Steele and Rice counties.  (a) The trail shall follow an 
 abandoned railroad line originating in the city of Austin and 
 extending northwesterly through Blooming Prairie and Owatonna to 
 the city of Faribault. 

    (b) The trail shall be developed primarily for hiking and 
 nonmotorized riding. 

    Subd. 19.    Blazing Star trail, Freeborn and Mower 
 counties.  (a) The trail shall originate in the city of Albert 
 Lea and extend to the city of Austin. 

    (b) The trail shall be developed primarily for hiking and 
 nonmotorized riding. 

    Subd. 20.    Stagecoach trail; Steele, Dodge, and Olmsted 
 counties.  The trail shall originate at the Douglas trail near 
 the city of Rochester in Olmsted county and extend westerly 
 along the Zumbro river valley to the city of Mantorville and the 
 village of Wasioja in Dodge county, following as closely as 
 possible the historic stagecoach trail to Wasioja, through Rice 
 Lake state park to the city of Owatonna in Steele county. 

    HIST: 1971 c 859 s 6-8; Ex1971 c 3 s 96; 1973 c 684 s 1,2; 
 1973 c 743 s 1; 1974 c 407 s 1,2; 1975 c 113 s 1; 1975 c 271 s 
 6; 1980 c 458 s 12; 1982 c 639 s 30,31; 1983 c 344 s 23; 1986 c 
 444; 1988 c 436 s 1; 1988 c 628 s 4; 1988 c 679 s 1,2; 1991 c 
 254 art 2 s 13; 1992 c 456 s 1; 1993 c 285 s 4; 1994 c 391 s 
 1-3; 1994 c 632 art 2 s 21; 1994 c 643 s 47; 1995 c 26 s 1; 1995 
 c 220 s 66,67; 1996 c 407 s 33,34; 1997 c 216 s 65,66