2004 Minnesota Statutes

  164.06 Powers regarding town roads. 

    Subdivision 1.    Authorization.  A town board, when 
 authorized by a vote of the electors at the annual meeting, or 
 at a special meeting called for that purpose, may establish, 
 alter, or vacate a town road, including those dedicated to the 
 public by plat, in accordance with section 164.07, subdivisions 
 2 to 12, and may acquire the right-of-way as may be necessary 
 for the road by gift, purchase or as provided in section 164.07. 

    Subd. 2.    Extinguishing interest in abandoned road.  
 (a) After providing notice under section 366.01, subdivision 8, 
 the town board may by resolution disclaim and extinguish a town 
 interest in a town road without action under subdivision 1 if:  

    (1) the extinguishment is found by the town board to be in 
 the public interest; 

    (2) the interest is not a fee interest; 

    (3) the interest was established more than 25 years 
 earlier; 

    (4) the interest is not recorded or filed with the county 
 recorder; 

    (5) no road improvement has been constructed on a 
 right-of-way affected by the interest within the last 25 years; 
 and 

    (6) no road maintenance on a right-of-way affected by the 
 interest has occurred within the last 25 years.  

    (b) The resolution shall be filed and recorded with the 
 county auditor and recorder. 

    HIST: 1959 c 500 art 5 s 6; 1984 c 562 s 8; 1985 c 169 s 5; 
 1Sp1985 c 16 art 2 s 10; 1992 c 578 s 1; 1993 c 117 s 2; 1995 c 
 25 s 1