MS 1953 [Repealed, 1957 c 943 s 72
160.25 TUNNELS UNDER HIGHWAYS.
Subdivision 1. Permit to construct.
The road authorities may permit any owner or lessee
of land abutting both sides of a highway to tunnel under the highway for such purposes as the
owner or lessee deems desirable in utilizing the lands. The tunnel and appurtenances thereto
shall be constructed and maintained so as not to endanger or unduly inconvenience the public
in the use of the highway and, except as hereinafter provided, shall be constructed by and at
the expense of the owner or lessee.
Subd. 2. Contents of permit.
The permit shall specify the location, size, kind, design,
manner of construction of the tunnel, and such safeguards for the traveling public that the road
authority deems necessary. All tunnels, bridges, and appurtenances thereto shall be constructed in
accordance with the permit.
Subd. 3. Tunnel maintained by road authority.
Any tunnel constructed as provided in this
section under any highway shall be maintained by the road authority having jurisdiction over
the highway. A town board may charge the costs of maintenance of the tunnel to the users if the
users and the town board agree on the amount to be charged.
Subd. 4. Agreements for construction and maintenance.
When any road authority
determines that the construction of such tunnel is necessary for the safety and convenience of
public travel, it may construct and maintain the tunnel, or it may enter into agreements with the
abutting landowners for the equitable division of the costs of the construction.
History: 1959 c 500 art 1 s 25; 1985 c 169 s 2; 1Sp1985 c 16 art 2 s 9; 1986 c 444