164.06 MS 1957 [Repealed, 1959 c 500 art 6 s 13
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
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
Subd. 2. Extinguishing interest in abandoned road.
(a) After providing notice under
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 with the county auditor and recorded with the county
History: 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; 2005 c 4 s 30