1998 Minnesota Statutes

     174.031 Jurisdiction studies and plan. 

    Subdivision 1.    Studies directed.  The commissioner of 
 transportation shall establish and direct a series of highway 
 jurisdiction studies at the regional and multicounty level.  The 
 studies must be so designed and conducted as to constitute a 
 comprehensive review in each development region, as designated 
 under section 462.385, of the existing ownership of all roads 
 and proposed changes in jurisdiction of those roads. 

    Subd. 2. Repealed, 1989 c 155 s 5;1989 c 343 s 7 

    Subd. 3.    Studies commissioned.  (a) On and after 
 August 1, 1985, the commissioner shall enter into agreements 
 with regional development commissions by which the commissions 
 will conduct studies of highway jurisdiction in each region.  
 The studies must include: 

    (1) the jurisdiction of each road in the region; 

    (2) criteria for changes in jurisdiction, based on the 
 commissioner's guidelines; 

    (3) jurisdictional changes actually made since January 1, 
 1985; 

    (4) recommended changes in jurisdiction based on the 
 criteria; 

    (5) changes in financial obligations resulting from the 
 recommended jurisdictional change, based on the commissioner's 
 guidelines; 

    (6) estimated effects of the recommended jurisdictional 
 changes on highway staffing needs of each level of government in 
 the region; and 

    (7) estimated effects of the recommended jurisdictional 
 changes on law enforcement on the affected roads. 

    (b) In development regions where no regional development 
 commission is functioning, or where a regional development 
 commission declines to enter into an agreement to perform a 
 jurisdiction study, the jurisdiction study must be organized by 
 a district office of the department of transportation as 
 designated by the commissioner.  A district office so designated 
 must act through the counties in the development region and 
 through other public agencies the commissioner directs.  For 
 purposes of this section the metropolitan council is a regional 
 development commission. 

    (c) The agreements must provide that each entity 
 undertaking a study under this subdivision must produce and 
 present to the commissioner, not later than July 31, 1987, a 
 jurisdiction proposal for the region.  Each jurisdiction 
 proposal must identify each instance where a proposed 
 jurisdictional change is based on a factor that deviates from 
 the commissioner's guidelines and explain the reasons for each 
 deviation. 

    (d) The commissioner shall pay not more than two-thirds of 
 the cost of each study. 

    Subd. 4.    State jurisdiction plan.  (a) Using the 
 jurisdiction proposals presented under subdivision 3, the 
 commissioner shall present, not later than March 1, 1988, to the 
 legislature a statewide highway jurisdiction plan.  The plan 
 must include: 

    (1) a compilation of all highway jurisdictional changes 
 actually made at all levels of government since January 1, 1985; 

    (2) all future jurisdictional changes recommended in the 
 jurisdiction proposals and approved by the commissioner; 

    (3) recommendations for changes in the statutory trunk 
 highway system needed to implement the recommended 
 jurisdictional changes; 

    (4) a recommendation as to the feasibility or desirability 
 of establishing a state jurisdictional transfer fund, including 
 if this fund is recommended, recommendations on control over the 
 fund, on amount of money made available to the fund, on highway 
 costs to be included in transfer payments made from the fund, 
 and on sources of revenue for the fund; and 

    (5) other statutory changes made necessary by the 
 recommended jurisdictional changes. 

    The commissioner may recommend, as an alternative to the 
 fund in clause (4), changes in the constitutional distribution 
 of highway user tax revenues. 

    (b) No recommended jurisdictional change in the plan may 
 require the upgrading of a road prior to a transfer as a 
 prerequisite for the transfer unless the upgrading is agreed to 
 by the affected units of government. 

    Subd. 5. Obsolete 

    HIST: 1Sp1985 c 10 s 29; 1988 c 629 s 40