89.715 ALTERNATIVE RECORDING FOR STATE FOREST ROAD.
Subdivision 1. Authorization.
The commissioner may adopt a recorded state forest road map
under this section to record the department's state forest road prescriptive easements. For purposes
of this section, "recorded state forest road map" means the official map of state forest roads.
Subd. 2. Map requirements.
The recorded state forest road map must:
(1) show state forest roads at the time the map is adopted;
(2) be prepared at a scale of at least four inches equals one mile;
(3) include section numbers;
(4) include a north point arrow;
(5) include the name of the county and state;
(6) include a blank and a description under the blank for the date of public hearing and
date of adoption;
(7) include blanks for signatures and dates of signatures for the commissioner; and
(8) include a list of legal descriptions of all parcels crossed by state forest road prescriptive
Subd. 3. Procedure to adopt map.
(a) The commissioner must prepare an official map
for each county or smaller geographic area as determined by the commissioner as provided in
subdivision 2, and set a time, place, and date for a public hearing on adopting a recorded state
forest road map to record roads.
(b) The hearing notice must state that the roads to be recorded will be to the width of the
actual use including ditches, backslopes, fills, and maintained rights-of-way, unless otherwise
specified in a prior easement of record. The hearing notice must be published once a week for two
successive weeks in a qualified newspaper of general circulation that serves the county or smaller
geographic areas as determined by the commissioner, the last publication to be made at least ten
days before the date of the public hearing. At least 30 days before the hearing, the hearing notice
must be sent by certified mail to the property owners directly affected in the county or smaller
geographic areas as determined by the commissioner at the addresses listed on the tax assessment
notices at least seven days before appearing in the qualified newspaper. The hearing notice may
be sent with the tax assessment, but all additional costs incurred shall be billed to the department.
(c) After the public hearing is held, the commissioner may amend and adopt the recorded
state forest road map. The recorded state forest road map must be dated and signed by the
commissioner and must be recorded with the county recorder within 90 days after the map
(d) The recorded state forest road map that is recorded with the county recorder must comply
with the standards of the county recorder where the state forest roads are located.
(e) A recorded state forest road map that was prepared by using aerial photographs to
establish road centerlines and that has been duly recorded with the county recorder is an adequate
description for purposes of recording road easements and the map is the legally constituted
description and prevails when a deed for a parcel abutting a road contains no reference to a road
easement. Nothing prevents the commissioner from accepting a more definitive metes and bounds
or survey description of a road easement for a road of record if the description of the easement is
referenced to equal distance on both sides of the existing road centerline.
(f) The commissioner shall consult with representatives of county land commissioners,
county auditors, county recorders, and Torrens examiners in implementing this subdivision.
Subd. 4. Appeal.
(a) Before filing an appeal under paragraph (b), a person may seek
resolution of concerns regarding a decision to record a road under this section by contacting the
commissioner in writing.
(b) A person may appeal a decision to record or exclude recording a road under this section to
the district court within 120 days after the date the commissioner adopts the state forest road map.
Subd. 5. Unrecorded road or trail not affected.
This section does not affect or diminish the
legal status or state obligations of roads and trails not shown on the recorded state forest road map.
Subd. 6. Exemption.
Adoption of a recorded state forest road map under this section is
exempt from the rulemaking requirements of chapter 14 and section
does not apply.
History: 2005 c 101 s 1