2004 Minnesota Statutes

     160.095 Designation of minimum-maintenance roads. 

    Subdivision 1.    Resolution.  A road authority, other 
 than the commissioner, may by resolution designate a road under 
 its jurisdiction as a minimum-maintenance road if it determines 
 that the road or road segment is used only occasionally or 
 intermittently for passenger and commercial travel.  The 
 resolution must identify the beginning and end points of the 
 road being designated.  After adopting the resolution, the road 
 authority must post signs on the road to notify the motoring 
 public that it is a minimum-maintenance road and that the public 
 travels on the road at its own risk.  A road authority must 
 notify the road authorities of adjoining jurisdictions of 
 designations under this section. 

    If an affected road or road segment runs along a county or 
 town line, the designation applies only to that part of the road 
 that is under the jurisdiction of the road authority adopting 
 the resolution.  

    Subd. 2.    Signs.  Designation of a minimum-maintenance 
 road is effective on the erection of the signs required under 
 this section.  The signs shall be posted at entry points to and 
 at regular intervals along a minimum-maintenance road.  Signs 
 posted must conform to the commissioner's Manual on Uniform 
 Traffic Control Devices.  Properly posted signs are prima facie 
 evidence that adequate notice of a minimum-maintenance road has 
 been given to the motoring public. 

    Subd. 3.    Limitations.  A trunk highway may not be 
 designated as a minimum-maintenance road.  A road may not be 
 designated a minimum-maintenance road if federal-state aid to 
 Minnesota will be reduced as a result.  A road authority may not 
 acquire additional right-of-way or easement by eminent domain or 
 otherwise without the consent of the landowner, for the purpose 
 of constructing or designating a minimum-maintenance road, 
 except where necessary for drainage or public safety. 

    Subd. 4.    Liability.  A minimum-maintenance road may 
 be maintained at a level less than the minimum-maintenance 
 standards required for state-aid highways, roads, and streets, 
 but must be maintained at the level required to serve the 
 occasional or intermittent traffic.  Where a road has been 
 designated by resolution as a minimum-maintenance road and signs 
 have been posted under subdivision 2, the road authority with 
 jurisdiction over the road, and its officers and employees, are 
 exempt from liability for any tort claim for injury to person or 
 property arising from travel on the minimum-maintenance road and 
 related to its maintenance or condition.  Nothing in this 
 section shall exempt a road authority from its duty to maintain 
 bridges under chapter 165 or other applicable law. 

    HIST: 1985 c 215 s 3