2005 Minnesota Statutes

  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 
 such vacation.  

    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.  

    HIST: 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