Bill Text: MN HF1981 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Snow removal authority in uncompleted subdivisions sunset eliminated.
Spectrum: Bipartisan Bill
Status: (Passed) 2014-05-21 - Secretary of State Chapter 297 [HF1981 Detail]
Download: Minnesota-2013-HF1981-Engrossed.html
1.2relating to transportation; roads; eliminating the sunset of certain snow removal
1.3authority;amending Minnesota Statutes 2013 Supplement, section 160.21,
1.4subdivision 6.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2013 Supplement, section 160.21, subdivision 6, is
1.7amended to read:
1.8 Subd. 6. Uncompleted subdivisions. (a) A road authority, including a statutory or
1.9home rule charter city, may remove snow from unopened or private roads in uncompleted
1.10subdivisions containing five or more lots, upon adoption of an annual resolution finding
1.11that the subdivision developer, due to general insolvency or pending foreclosure, is unable
1.12to maintain the roads and that public safety may be jeopardized if the access of school
1.13buses, public works vehicles, or authorized emergency vehicles, as defined in section
1.14169.011, subdivision 3
, is obstructed. Snow removal activities are limited to streets
1.15reasonably necessary for access by these buses or vehicles.
1.16(b) Snow removal under this subdivision does not constitute:
1.17(1) acceptance of the road from the developer by the road authority for public use;
1.18(2) the opening of the road to public use; nor
1.19(3) a use, repair, or maintenance of the road sufficient for the purposes of dedication
1.20of roads under section160.05 .
1.21(c) The road authority may impose a reasonable and proportionate charge on all
1.22properties within the subdivision for services provided under this subdivision. These
1.23charges, if unpaid, may constitute a lien upon the properties within the subdivision and
1.24may be collected as a special assessment as provided by section429.101 or by charter.
2.1(d) Where a road has been maintained pursuant to this subdivision, the road authority
2.2with jurisdiction over the road, and its officers and employees, are exempt from liability
2.3for any tort claim for injury to person or property arising from plowing, maintaining,
2.4or otherwise working on the road and from traveling on the road and related to its
2.5maintenance or condition. This paragraph does not apply to a claim for injury that is
2.6affirmatively caused by a negligent act of the road authority or its officers and employees.
2.7(e) This subdivision expires May 2, 2014.
2.8EFFECTIVE DATE.This section is effective the day following final enactment
2.9and applies retroactively to May 2, 2014.
1.3authority;amending Minnesota Statutes 2013 Supplement, section 160.21,
1.4subdivision 6.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2013 Supplement, section 160.21, subdivision 6, is
1.7amended to read:
1.8 Subd. 6. Uncompleted subdivisions. (a) A road authority, including a statutory or
1.9home rule charter city, may remove snow from unopened or private roads in uncompleted
1.10subdivisions containing five or more lots, upon adoption of an annual resolution finding
1.11that the subdivision developer, due to general insolvency or pending foreclosure, is unable
1.12to maintain the roads and that public safety may be jeopardized if the access of school
1.13buses, public works vehicles, or authorized emergency vehicles, as defined in section
1.15reasonably necessary for access by these buses or vehicles.
1.16(b) Snow removal under this subdivision does not constitute:
1.17(1) acceptance of the road from the developer by the road authority for public use;
1.18(2) the opening of the road to public use; nor
1.19(3) a use, repair, or maintenance of the road sufficient for the purposes of dedication
1.20of roads under section
1.21(c) The road authority may impose a reasonable and proportionate charge on all
1.22properties within the subdivision for services provided under this subdivision. These
1.23charges, if unpaid, may constitute a lien upon the properties within the subdivision and
1.24may be collected as a special assessment as provided by section
2.1(d) Where a road has been maintained pursuant to this subdivision, the road authority
2.2with jurisdiction over the road, and its officers and employees, are exempt from liability
2.3for any tort claim for injury to person or property arising from plowing, maintaining,
2.4or otherwise working on the road and from traveling on the road and related to its
2.5maintenance or condition. This paragraph does not apply to a claim for injury that is
2.6affirmatively caused by a negligent act of the road authority or its officers and employees.
2.7
2.8EFFECTIVE DATE.This section is effective the day following final enactment
2.9and applies retroactively to May 2, 2014.
