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164.12 MS 1957 [Repealed, 1959 c 500 art 6 s 13]
    Subdivision 1. Proposal to establish, maintain. When adjoining towns propose to establish,
alter, vacate, or maintain a road on or along the line between such towns they shall proceed as
hereinafter provided.
    Subd. 2. Division of responsibilities. The town boards shall divide the length of the road
proposed to be established, altered, vacated, or maintained into two parts. When it is proposed to
establish or alter a road, the division shall be made so as to divide as nearly equal as possible the
cost of right-of-way, construction, and maintenance of the entire road. If the proposal is to vacate
a road, the division shall be made so as to divide as nearly equal as possible any damages that
may be occasioned thereby.
    Subd. 3. Agreement. After the division the boards shall enter into an agreement specifying
which part shall be vacated, or opened, constructed, and maintained by each. Thereafter, each
board shall proceed in the manner and subject to the same review as provided in section 164.06 or
section 164.07.
    Subd. 4. Joint contract. When a town line road is established, altered, or maintained
as provided herein, the boards may jointly let a contract covering all or part of the work to be
performed on the road. If a joint contract is not let each town board shall open and construct its
portion thereof as expeditiously as possible.
    Subd. 5. Portion of road taken by state or county. If a portion of a town line road is taken
over by the state as a trunk highway, or by a county as a county state-aid highway or county
highway, the town boards concerned shall divide the portions of the town line road not taken over
by the state or county, so that the cost of construction, reconstruction, and maintenance thereof
will be apportioned as nearly equal as possible. After such division the boards shall enter into an
agreement specifying which part shall be constructed and maintained by each.
    Subd. 6. Failure to agree. (a) When the town boards cannot agree upon a division as
provided in subdivision 2 or subdivision 5, or upon the petition of either town board when a
division previously agreed upon has proved to be inequitable, the county board, or where the
road is on a county line the county boards of the counties concerned, shall determine the proper
division of responsibility. In making such division the county board or boards shall follow the
procedure provided for in subdivision 2 or 5. Where deemed necessary the services of the county
engineer may be used.
(b) When for any reason an agreement under paragraph (a) cannot be reached, the town
board of either or both towns may request to have the matter determined through mediation,
arbitration, mediation-arbitration (med-arb), or other form of alternative dispute resolution as
described in Rule 114.02 of the General Rules of Practice for the District Courts. The parties may
select a neutral who does not qualify under Rule 114.02. Mediated settlement agreements must
be in accordance with the Minnesota Civil Mediation Act, sections 572.31 to 572.40. Arbitrated
agreements and med-arb agreements must be final and binding.
History: 1959 c 500 art 5 s 12; 1Sp2003 c 19 art 2 s 18

Official Publication of the State of Minnesota
Revisor of Statutes