2006 Minnesota Statutes

161.46 REIMBURSEMENT OF UTILITY.
    Subdivision 1. Definitions. For the purposes of this section the following terms shall have
the meanings ascribed to them:
(1) "Utility" means all publicly, privately, and cooperatively owned systems for supplying
power, light, gas, telegraph, telephone, water, pipeline, or sewer service if such systems be
authorized by law to use public highways for the location of its facilities.
(2) "Cost of relocation" means the entire amount paid by such utility properly attributable to
such relocation after deducting therefrom any increase in the value of the new facility and any
salvage value derived from the old facility.
    Subd. 2. Relocation of facilities; reimbursement. Whenever the commissioner shall
determine the relocation of any utility facility is necessitated by the construction of a project on
the routes of federally aided state trunk highways, including urban extensions thereof, which
routes are included within the National System of Interstate Highways, the owner or operator
of such utility facility shall relocate the same in accordance with the order of the commissioner.
After the completion of such relocation the cost thereof shall be ascertained and paid by the
state out of trunk highway funds; provided, however, the amount to be paid by the state for
such reimbursement shall not exceed the amount on which the federal government bases its
reimbursement for said interstate system.
    Subd. 3. Lump sum settlement. The commissioner may enter into agreements with a utility
for the relocation of utility facilities providing for the payment by the state of a lump sum based
on the estimated cost of relocation when the lump sum so agreed upon does not exceed $100,000.
    Subd. 4. Acquisition of relocated facility for utility. When the project requires a utility
to relinquish lands or interests in lands owned by the utility and the utility is unable to acquire
lands or interests in lands necessary to enable it to relocate its facilities, or if the acquisition of
the lands or interests in lands by the utility would result in undue delay thereby delaying the
interstate highway project, the commissioner, by purchase, gift, or eminent domain proceedings,
may acquire the lands or interests in lands necessary for the relocation if the commissioner deems
that the acquisition would reduce the cost to the state of the project. The lands necessary for the
relocation to be acquired by the commissioner must be designated in an agreement between the
utility and the commissioner. The agreement must also provide that without cost to either party
to the agreement, the utility will relinquish to the state its interests in the lands required for the
interstate project in consideration of the conveyance by the state to the utility of the substitute
lands designated in the agreement to be acquired by the state. The interest or estate acquired by
the commissioner must be substantially similar to the interest or estate that the utility owned in
the lands to be relinquished by it to the state. The commissioner may convey the lands or interests
in lands to the utility.
    Subd. 5. Relocation work by state. The relocation work may be made a part of a state
highway construction contract or let as a separate contract by the state under applicable federal
laws, rules and regulations if the owner or operator of the utility facility requests the commissioner
to act as its agent for the purpose of relocating such facilities and if such action is deemed to be in
the best interest of the state. When relocation work is made a part of a state highway construction
contract or when let as a separate contract by the state as authorized herein, the cost of such
relocation may be paid by the commissioner directly to the contractor out of the trunk highway
fund without requiring the utility to first make payment for such relocation work and thereafter
request reimbursement therefor; provided that, the agreement entered into between the state and
the utility shall contain a stipulation that the utility shall reimburse the state for any costs of such
relocation in which the federal government will not participate.
History: 1959 c 500 art 2 s 46; 1963 c 57 s 1; 1965 c 14 s 1; 1967 c 231 s 1; 1973 c 42 s 1;
1981 c 209 s 6; 1983 c 143 s 11; 1996 c 455 art 3 s 13