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160.85 AUTHORITY FOR TOLL FACILITY.
    Subdivision 1. Road authority. A road authority may solicit or accept proposals from and
enter into development agreements with private operators for developing, financing, designing,
constructing, improving, rehabilitating, owning, and operating toll facilities wholly or partly
within the road authority's jurisdiction. If a road authority solicits toll facility proposals, it must
publish a notice of solicitation in the State Register.
    Subd. 2. Private operators. Private operators are authorized to develop, finance, design,
construct, improve, rehabilitate, own, and operate toll facilities subject to the terms of sections
160.84 to 160.92. Private operators may mortgage, grant security interests in, and pledge their
interests in: (1) toll facilities and their components; (2) development, lease, management, toll
concessions, and other related agreements; and (3) income, profits, and proceeds of the toll facility.
    Subd. 3. Approval. No road authority and private operator may execute a development
agreement without the approval of the final agreement by the commissioner. A road authority and
private operator in the metropolitan area must obtain the approvals required in sections 161.162 to
161.167 and 473.166. Except as otherwise provided in sections 161.162 to 161.167, the governing
body of a county or municipality through which a facility passes may veto the project within 30
days of approval by the commissioner.
    Subd. 3a. Information meeting. Before approving or denying a development agreement, the
commissioner shall hold a public information meeting in any municipality or county in which
any portion of the proposed toll facility runs. The commissioner shall determine the time and
place of the information meeting.
    Subd. 4. Development agreement. (a) A development agreement for toll facilities may
provide for any mode of ownership or operation approved by the road authority, including
ownership by the private operator with or without reversion of title, operation of the facilities
under leases or management contracts, toll concessions, or BOT or BTO facilities.
(b) A development agreement may permit the private operator to assemble funds from
any available source and to incorporate an existing road or highway, bridge, and approach
structures, and related improvements, into the toll facility. The agreement must provide the terms
and conditions of the incorporation.
(c) A development agreement may include grants of title, easements, rights-of-way, and
leasehold estates necessary to the toll facility.
(d) A development agreement may authorize the private operator to charge variable rate tolls
based on time of day, vehicle characteristics, or other factors approved by the road authority.
(e) A development agreement may provide for maintenance, snow removal, and police
standards that exceed the standards of the road authority for facilities of the same functional
classification.
(f) A development agreement may include authorization by the road authority to the private
operator to exercise powers possessed by the road authority for similar facilities.
    Subd. 5. Right-of-way acquisition. A private operator may acquire right-of-way by
donation, lease, or purchase. A road authority may acquire right-of-way by eminent domain and
may donate, sell, or lease a right-of-way to a private operator.
    Subd. 6. Restriction. No toll facility may be used for any purpose other than the purposes
specified in the development agreement for the term of the agreement.
    Subd. 7. Toll facility acquired by road authority. A development agreement that requires
transfer or reversion of a toll facility to a road authority must provide the terms and conditions of
the transfer or reversion. The facility shall meet at least the maintenance standards of the road
authority for facilities of the same functional classification during the term of the agreement.
    Subd. 8. Application of other law. A private operator must have environmental,
navigational, design, or safety approvals as if the toll facility were constructed or operated by a
road authority.
History: 1993 c 211 s 2; 1996 c 455 art 3 s 3; 2001 c 191 s 1

Official Publication of the State of Minnesota
Revisor of Statutes