2005 Minnesota Statutes

     89.715 Alternative recording for state forest road. 

    Subdivision 1.    Authorization.  The commissioner may 
 adopt a recorded state forest road map under this section to 
 record the department's state forest road prescriptive 
 easements.  For purposes of this section, "recorded state forest 
 road map" means the official map of state forest roads. 

    Subd. 2.    Map requirements.  The recorded state forest 
 road map must: 

    (1) show state forest roads at the time the map is adopted; 

    (2) be prepared at a scale of at least four inches equals 
 one mile; 

    (3) include section numbers; 

    (4) include a north point arrow; 

    (5) include the name of the county and state; 

    (6) include a blank and a description under the blank for 
 the date of public hearing and date of adoption; 

    (7) include blanks for signatures and dates of signatures 
 for the commissioner; and 

    (8) include a list of legal descriptions of all parcels 
 crossed by state forest road prescriptive easements. 

    Subd. 3.    Procedure to adopt map.  (a) The 
 commissioner must prepare an official map for each county or 
 smaller geographic area as determined by the commissioner as 
 provided in subdivision 2, and set a time, place, and date for a 
 public hearing on adopting a recorded state forest road map to 
 record roads. 

    (b) The hearing notice must state that the roads to be 
 recorded will be to the width of the actual use including 
 ditches, backslopes, fills, and maintained rights-of-way, unless 
 otherwise specified in a prior easement of record.  The hearing 
 notice must be published once a week for two successive weeks in 
 a qualified newspaper of general circulation that serves the 
 county or smaller geographic areas as determined by the 
 commissioner, the last publication to be made at least ten days 
 before the date of the public hearing.  At least 30 days before 
 the hearing, the hearing notice must be sent by certified mail 
 to the property owners directly affected in the county or 
 smaller geographic areas as determined by the commissioner at 
 the addresses listed on the tax assessment notices at least 
 seven days before appearing in the qualified newspaper.  The 
 hearing notice may be sent with the tax assessment, but all 
 additional costs incurred shall be billed to the department. 

    (c) After the public hearing is held, the commissioner may 
 amend and adopt the recorded state forest road map.  The 
 recorded state forest road map must be dated and signed by the 
 commissioner and must be recorded with the county recorder 
 within 90 days after the map is adopted. 

    (d) The recorded state forest road map that is recorded 
 with the county recorder must comply with the standards of the 
 county recorder where the state forest roads are located. 

    (e) A recorded state forest road map that was prepared by 
 using aerial photographs to establish road centerlines and that 
 has been duly recorded with the county recorder is an adequate 
 description for purposes of recording road easements and the map 
 is the legally constituted description and prevails when a deed 
 for a parcel abutting a road contains no reference to a road 
 easement.  Nothing prevents the commissioner from accepting a 
 more definitive metes and bounds or survey description of a road 
 easement for a road of record if the description of the easement 
 is referenced to equal distance on both sides of the existing 
 road centerline. 

    (f) The commissioner shall consult with representatives of 
 county land commissioners, county auditors, county recorders, 
 and Torrens examiners in implementing this subdivision. 

    Subd. 4.    Appeal.  (a) Before filing an appeal under 
 paragraph (b), a person may seek resolution of concerns 
 regarding a decision to record a road under this section by 
 contacting the commissioner in writing. 

    (b) A person may appeal a decision to record or exclude 
 recording a road under this section to the district court within 
 120 days after the date the commissioner adopts the state forest 
 road map. 

    Subd. 5.    Unrecorded road or trail not affected.  This 
 section does not affect or diminish the legal status or state 
 obligations of roads and trails not shown on the recorded state 
 forest road map. 

    Subd. 6.    Exemption.  Adoption of a recorded state 
 forest road map under this section is exempt from the rulemaking 
 requirements of chapter 14 and section 14.386 does not apply. 

    HIST: 2005 c 101 s 1