|
1
<br />MINNESOTA STATUTES 2020 164.07
<br />164.07 MS 1957 [Repealed, 1959 c 500 art 6 s 13]
<br />164.07 ESTABLISHMENT, ALTERATION, OR VACATION OF TOWN ROAD.
<br />Subdivision 1. Authorization; petition. Any town board may alter or vacate a town road, including
<br />those dedicated to the public by plat, or establish a new road in its town upon a petition of not less than eight
<br />voters of the town, who own real estate, or occupy real estate under the homestead or preemption laws or
<br />under contract with the state, within three miles of the road proposed to be established, altered, or vacated;
<br />provided, that in any town not having eight voters who own real estate or occupy real estate under the
<br />homestead or preemption laws or under contract with the state, within three miles of any proposed road, the
<br />town board of such town may alter or vacate a town road, or establish a new road in the town upon a petition
<br />signed by a less number of voters of such town, who own real estate or occupy real estate under the homestead
<br />or preemption laws or under contract with the state, in such town. Such petition shall contain a description
<br />of the road, and what part thereof is to be altered or vacated, and, if a new road, the names of the owners of
<br />the land, if known, over which such road is to pass, its point of beginning, general course, and termination.
<br />If the petition is to establish or alter a road, the petition must also contain a statement of the purpose and
<br />necessity for establishing or altering the road.
<br />Subd. 2. Hearing; notice. (a) The petition shall be filed with the town clerk, who shall forthwith present
<br />it to the town board. The town board within 30 days thereafter shall make an order describing as nearly as
<br />practicable the road proposed to be established, altered, or vacated and the several tracts of land through
<br />which it passes, and fixing a time and place when and where it will meet and act upon the petition. The order
<br />must also contain a notice to affected landowners that a landowner is entitled to judicial review of damages,
<br />need, and purpose under subdivision 7 following a determination to establish or alter a road. The petitioners
<br />shall cause personal service of the order and a copy of the petition to be made upon each occupant of the
<br />land at least ten days before the meeting and cause ten days' posted notice thereof to be given.
<br />(b) In addition, the petitioners shall serve notice of the order by certified mail upon the commissioner
<br />of natural resources at least 60 days before the meeting required under paragraph (a), if the road to be vacated
<br />terminates at, abuts upon, or is adjacent to any public water.
<br />(c) The notice under this paragraph does not create a right of intervention by the commissioner of natural
<br />resources. At least 15 days prior to convening the meeting required under paragraph (a), the town board or
<br />its designee must consult with the commissioner of natural resources to review the proposed vacation. The
<br />commissioner must evaluate:
<br />(1) the proposed vacation and the public benefits to do so;
<br />(2) the present and potential use of the land for access to public waters; and
<br />(3) how the vacation would impact conservation of natural resources.
<br />The commissioner must advise the town board or its designee accordingly upon the evaluation.
<br />Subd. 3. Examination of proposed road. At the time and place designated, the town board shall meet
<br />and, on proof by affidavit of the giving of such notice, it shall examine the road proposed to be established,
<br />altered, or vacated, hear all parties interested, and determine whether it will grant or refuse the petition. If
<br />it be refused, the fact shall be noted on the back thereof.
<br />Subd. 3a. Drainage facility. On consideration of a petition for vacation of a road, the town board shall
<br />determine whether the lateral ditches of said road are essential for surface drainage of adjacent lands, or for
<br />drainage of public highways, in the area. If the board finds that preservation of such drainage facilities is
<br />Official Publication of the State of Minnesota
<br />Revisor of Statutes
<br />
|