MS 1957 [Repealed, 1959 c 500 art 6 s 13
161.16 TRUNK HIGHWAY DESIGNATION, VACATION, REVERSION.
Subdivision 1. Temporary trunk highways; reversion.
Until such time as the commissioner
definitely locates and constructs the several routes of the trunk highway system, the commissioner
shall select practicable existing roads along the general location of such routes and shall maintain
them for the benefit of the traveling public. Such roads shall be known as temporary trunk
highways. The road authority which had jurisdiction over such road shall, thereupon, be relieved
of responsibilities thereto; provided, however, if the definite location of the route shall be other
than the location of the temporary trunk highway, the portion of the temporary locations which is
not included in the definite location shall, upon notice of the commissioner, revert to the road
authority unless the same lies within the corporate limits of a city, in which case it shall become a
street of the city, provided that when the portion of the temporary location, which is not included
in the definite location lies within a city having a population of less than 5,000, that portion shall
revert to the county if it meets the criteria for a county state-aid highway.
Subd. 2. Designation and location by order.
The commissioner shall by order or orders
designate such temporary trunk highways, and on determining the definite location of any trunk
highway or portion thereof, the same shall also be designated by order or orders. The definite
location of such highway or portion thereof may be in the form of a map or plat showing the
lands and interests in lands required for trunk highway purposes. Formal determination or order
if by map or plat, shall be certified by the commissioner of transportation on said map or plat.
The commissioner may, by similar order or orders, change the definite location of any trunk
highway between the fixed termini, as fixed by law, when such changes are necessary in the
interest of safety and convenient public travel. The commissioner shall maintain a file of these
orders as permanent records.
Subd. 3. Public hearing.
When the county board of any county requests a public hearing
in regard to the definite location or a change in the definite location of any trunk highway
within its boundaries, the commissioner shall hold such hearing in such county before making a
determination in such matters.
Subd. 4. Reversion or conveyance to another road authority.
(a) If the commissioner
makes a change in the definite location of a trunk highway as provided in this section, the portion
of the existing road that is no longer a part of the trunk highway by reason of the change and
all right, title, and interest of the state in the trunk highway shall revert to the road authority
originally charged with the care of that trunk highway unless the commissioner, the road authority
originally charged with the care of the trunk highway and the road authority of the political
subdivision in which the portion is located agree on another disposition, in which case the
reversion is as provided in the agreement. When the reversion is to a county and a portion lies
partly within a city of under 5,000 population the entire portion shall revert to the county if it
meets the criteria for a county state-aid highway.
(b) If the portion had its origin as a trunk highway, it shall become a county highway unless
it lies within the corporate limits of a city, in which case it shall become a street of the city.
When the existing road that is no longer a part of the trunk highway by reason of the change lies
within a city of less than 5,000 population, the portion shall revert to the county if the portion
meets the criteria for a county state-aid highway. In municipalities of over 5,000 population that
portion of the road may revert to the county if the appropriate authorities of the state, county and
the various cities through which the route passes so agree. Should any city not agree that the
portion of the roadway that passes through it shall revert to county jurisdiction, the portion shall
not so revert, although the other portions of the roadway in which agreement has been reached
shall revert to county jurisdiction. Notwithstanding the other provisions of this chapter or other
applicable laws and rules, the commissioner may convey and quitclaim to a county, city, or other
political subdivision all or part of the right-of-way of the existing road that is no longer a part of
the trunk highway by reason of the commissioner's order or orders. The conveyance shall be for
highway purposes, and the future cost of maintenance, improvement, or reconstruction of the
highway and the contribution of that highway to the public highway system is reasonable and
proper consideration for the conveyance. This subdivision shall apply to all trunk highways
reverted before May 29, 1967.
Subd. 5. Damages due to vacation of former trunk highway.
Damages occasioned by the
vacation of any highway or street that had its origin as a trunk highway, if vacated by the county
within one year after the commissioner relinquished jurisdiction thereof, shall be paid by the state
out of the trunk highway fund. No award of damages determined by the county shall be made for
such vacation without the concurrence of the attorney general, and no action brought to recover
damages for such vacation shall be settled or otherwise disposed of without the consent of the
attorney general. The attorney general may defend any action brought to recover damages for
Subd. 6. Vacation.
When the definite location of any trunk highway takes the place of
and serves the same purpose as any portion of an existing road, however established, the
commissioner may make an order vacating such portion of the road. A copy of the order shall be
served upon the owners and occupants of the lands on which is located the portion of the road so
vacated and, if the road terminates at or abuts upon any public water, a copy of the order also
shall be served upon the commissioner of natural resources. The notice under this subdivision is
for notification purposes only and does not create a right of intervention by the commissioner of
natural resources. A copy of the order, together with proof of service, or affidavit of publication if
the owners are unknown or reside outside the state, shall be filed with the county auditor of the
county in which such lands lie. Any person claiming to be damaged by the vacation may appeal
at any time within 30 days after the service of the order to the district court of the county for a
determination of damages, by serving notice of the appeal on the commissioner and filing same
with proof of service in the office of the court administrator of the district court. The appeal shall
be tried in the same manner as an appeal from an award in proceedings in eminent domain.
History: 1959 c 500 art 2 s 16; 1967 c 436 s 1,2; Ex1967 c 11 s 1; 1969 c 207 s 1; 1969 c
336 s 1; 1973 c 123 art 5 s 7; 1976 c 166 s 7; 1981 c 209 s 3; 1984 c 535 s 1; 1984 c 655 art 1 s
31; 1985 c 248 s 70; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 1989 c 183 s 1; 1999 c 230 s 8