161.45 UTILITY ON HIGHWAY RIGHT-OF-WAY; RELOCATION.
Subdivision 1. Rules.
Electric transmission, telephone, or telegraph lines; pole lines;
community antenna television lines; railways; ditches; sewers; water, heat, or gas mains; gas and
other pipelines; flumes; or other structures which, under the laws of this state or the ordinance of
any city, may be constructed, placed, or maintained across or along any trunk highway, or the
roadway thereof, by any person, persons, corporation, or any subdivision of the state, may be
so maintained or hereafter constructed only in accordance with such rules as may be prescribed
by the commissioner who shall have power to prescribe and enforce reasonable rules with
reference to the placing and maintaining along, across, or in any such trunk highway of any of
the utilities hereinbefore set forth. Nothing herein shall restrict the actions of public authorities
in extraordinary emergencies nor restrict the power and authority of the commissioner of
commerce as provided for in other provisions of law. Provided, however, that in the event any
local subdivision of government has enacted ordinances relating to the method of installation or
requiring underground installation of such community antenna television lines, the permit granted
by the commissioner of transportation shall require compliance with such local ordinance.
Subd. 2. Relocation of utility.
Whenever the relocation of any utility facility is necessitated
by the construction of a project on trunk highway routes other than those described in section
161.46, subdivision 2
, the relocation work may be made a part of the state highway construction
contract or let as a separate contract as provided by law if the owner or operator of the facility
requests the commissioner to act as its agent for the purpose of relocating the facilities and
if the commissioner determines that such action is in the best interests of the state. Payment by
the utility owner or operator to the state shall be in accordance with applicable statutes and the
rules for utilities on trunk highways.
Subd. 3. Utility interests when real property conveyed.
In proceedings to vacate, transfer,
turn back, or otherwise convey an interest in real property owned or controlled by the department,
when the property is owned in fee by the state, the commissioner may specify that the conveyance
of the department's interest does not affect a prior, existing utility easement in the property or
use of the property granted to a utility under permit issued by the department. In addition, the
commissioner may convey interests in real property, including an easement, subject to the right of
a utility to enter upon the right-of-way to maintain, repair, replace, reconstruct, improve, remove,
or otherwise attend to its equipment. Where the utility had no preexisting easement over the real
property, this subdivision does not prohibit a political subdivision, government agency, or private
entity from negotiating or contracting with a utility with regard to the utility's easement or other
interest in the property, but the utility shall continue to hold the interest in the property and the
right of reasonable entry unless and until the utility agrees in writing to relinquish its interests.
History: 1959 c 500 art 2 s 45; 1967 c 231 s 2; 1971 c 25 s 67; 1973 c 123 art 5 s 7; 1973 c
568 s 19; 1976 c 166 s 7; 1985 c 248 s 70; 1997 c 231 art 16 s 5; 1Sp2001 c 4 art 6 s 22