Agenda - Council Work Session - 10/07/2008

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435.37, Mhmesota Statutes 2007 Page 1 of2 Minnesota Legislature Home II-inks to the World I Help I Advanced Search ;.,' ,,'. Office of the Revisor of!Statutes J."'lo1~.. House I SliInate I Joint Departments and Commlsslon$ I alii $eflreh and Status I Statutes, Laws, and Rules MioDlii!3otm S,tE)t!dt~s I~Q'~ Qf Cb(ill~tm. Gbi1~t~r 43Q I~ble of Cont~n~$ 435.37, Minnesota Statutes 2007 Copyright @ 2007 by the Office of Revisor of Statutes, State of Minnesota. 435.37 EASEMENT FOR CARTWAY. Subdivision I. Mandatory establishment; conditions. (a) Upon petition presented to the ~ . city council by the 'owner of a tract of lal1dcontaining at least five acres, who has no access thereto except over a navigable waterway or over the lands of others, or whose access thereto is less than two rods in width, the city council by resQlution shall establish a cartway at least two rods wide connecting the petitioner's land with a.public road. (b) The city council may select an alternative route other than that petitioned for if the alternative is deemed by the city council to be less disruptive and damaging to the affected landowners and in the public's best interest. (0) The amount of damages must be paid by the petitioner to the city before the cartway is opened, For the purposes of this subdivision, damages means the compensation, if any, awarded to the owner ofthe land upon which the cartway ill established together with the cost of professional and other service!!, hearing costs, administrative costs, recording costs, and other costs and expens'es that the city may incur in connection with the prooeedings for the establishment of the cartway. The city council may by resolution require the petitioner to post a bond or other security acceptable to the city council for the total estimated damages before the city council takes aption on the petition. (d) The city may not expend street or bridge funds on the cartway unless the city council, by resolution, determines that an expenditure is in the public interest. If no resolution is adopted to that effect, the grading or other construction work and the maintenance of the cartway is the responsibility of the petitioner. (e) After the cartway has been constructed, the city council may by resolution designate the cartway as a private driveway with the written consent of the affected landowner, in which case from the effective date of the resolution no town road and bridge funds may be expended for maintenance of the driveway. S\1bd. 2. Maintenance costs. When a cartway is not maintained by the city, one or more of the private property owners who own land adjacent to a cartway, or one or more of the private property owners who has no access to the owner's land except by way of the cartway, may maintain Hie ~al'tway. The cost of maintenance must be equitably divided among all of the priya.te property ownel'S who own land adjacent to the cartway and all of the private property owners who \'lave no acceSS to their land except by way of the cartway. The following faotors may be taken into consideration when determining an equitable share of maintenance expenses: the frequency of use, the type and weight of the vehicles Of equipment, and the distance traveled on the cartway to the individual's property. The city council may detennine the maintenance costs to be apportioned to each private property owner if the private property owners cannot agree on the division of the costs. ~The city council's decision may be appealed within 30 days to the district court of the county in which the cartway is located. Private property owners who pay the cost of maintenance have a civil cause of action against any of the private property owners who refuse to pay their share of the maintenance cost. -13- hrtl"lO'//wmm rp"illM lp<7 .1ltr.ltP. ml1 l1~/hin/pAt"'llh.l..,hn?mlhtvne=~T A T CHAP SEC&vear=2007 8/14/2008