2006 Minnesota Statutes

473.411 TRANSIT AND HIGHWAY SYSTEMS.
    Subdivision 1.[Repealed, 1984 c 654 art 3 s 153]
    Subd. 2.[Repealed, 1977 c 454 s 49]
    Subd. 3. Services of Department of Transportation. The council may make use of
engineering and other technical and professional services, including regular staff and qualified
consultants, which the commissioner of transportation can furnish, upon fair and reasonable
reimbursement for the cost thereof; provided, that the council has final authority over the
employment of any services from other sources which it may deem necessary for such purposes.
The commissioner of transportation may furnish all engineering, legal, and other services, if so
requested by the council and upon fair and reasonable reimbursement for the cost thereof by
the council, for the purposes stated in this subdivision, including the acquisition by purchase,
condemnation, or otherwise in the name of the council of all lands, waters, easements, or other
rights or interests in lands or waters required by the council. No purchase of service agreements
may be made under this subdivision which are not included in the budget of the council.
    Subd. 4. State highways; joint use for transit and highway purposes. Wherever the joint
construction or use of a state highway is feasible in fulfilling the purposes of sections 473.405
to 473.449, the council shall enter into an agreement with the commissioner of transportation
therefor, evidenced by a memorandum setting forth the terms of the agreement. Either the council
or the commissioner of transportation may acquire any additional lands, waters, easements or
other rights or interests required for joint use in accordance with the agreement, or joint acquisition
may be made by condemnation as provided by section 117.016 and the provisions of sections
473.405 to 473.449. Under the agreement each party shall pay to the other party reasonable
compensation for the costs of any services performed at the request of the other party which may
include any costs of engineering, design, acquisition of property, construction of the facilities, and
for the use thereof so far as attributable to and necessary for the purposes. The council may not
agree to acquisitions or expenditures under this subdivision which are not included in its budget.
    Subd. 5. Use of public roadways and appurtenances. The council may use for the purposes
of sections 473.405 to 473.449 upon the conditions stated in this subdivision any state highway
or other public roadway, parkway, or lane, or any bridge or tunnel or other appurtenance of a
roadway, without payment of any compensation, provided the use does not interfere unreasonably
with the public use or maintenance of the roadway or appurtenance or entail any substantial
additional costs for maintenance. The provisions of this subdivision do not apply to the property
of any common carrier railroad or common carrier railroads. The consent of the public agency
in charge of such state highway or other public highway or roadway or appurtenance is not
required; except that if the council seeks to use a designated parkway for regular route service in
the city of Minneapolis, it must obtain permission from and is subject to reasonable limitations
imposed by a joint board consisting of two representatives from the council, two members of
the board of park commissioners, and a fifth member jointly selected by the representatives
of the council and the park board.
The board of park commissioners and the council may designate persons to sit on the joint
board. In considering a request by the council to use designated parkways for additional routes or
trips, the joint board consisting of the council or their designees, the board of park commissioners
or their designees, and the fifth member, shall base its decision to grant or deny the request based
on the criteria to be established by the joint board. The decision to grant or deny the request must
be made within 45 days of the date of the request. The park board must be notified immediately
by the council of any temporary route detours. If the park board objects to the temporary route
detours within five days of being notified, the joint board must convene and decide whether
to grant the request, otherwise the request is deemed granted. If the agency objects to the
proposed use or claims reimbursement from the council for additional cost of maintenance, it may
commence an action against the council in the district court of the county wherein the highway,
roadway, or appurtenance, or major portion thereof, is located. The proceedings in the action
must conform to the Rules of Civil Procedure applicable to the district courts. The court shall
sit without jury. If the court determines that the use in question interferes unreasonably with the
public use or maintenance of the roadway or appurtenance, it shall enjoin the use by the council.
If the court determines that the use in question does not interfere unreasonably with the public
use or maintenance of the roadway or appurtenance, but that it entails substantial additional
maintenance costs, the court shall award judgment to the agency for the amount of the additional
costs. Otherwise the court shall award judgment to the council. An aggrieved party may appeal
from the judgment of the district court in the same manner as is provided for such appeals in other
civil actions. The council may also use land within the right-of-way of any state highway or other
public roadway for the erection of traffic control devices, other signs, and passenger shelters upon
the conditions stated in this subdivision and subject only to the approval of the commissioner of
transportation where required by statute, and subject to the express provisions of other applicable
statutes and to federal requirements where necessary to qualify for federal aid.
History: 1975 c 13 s 57; 1976 c 166 s 7; 1977 c 454 s 38,39; Ex1979 c 1 s 50; 1981 c 356 s
240; 1981 c 363 s 53; 1984 c 654 art 3 s 129; 1987 c 384 art 2 s 1; 1993 c 154 s 1; 1994 c 628
art 3 s 123-125; 1995 c 186 s 119