Bill Text: MN SF1148 | 2011-2012 | 87th Legislature | Engrossed
Bill Title: Rail bank property use prohibited activities expansion and penalty provision modification
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-03-23 - Second reading [SF1148 Detail]
Download: Minnesota-2011-SF1148-Engrossed.html
1.2relating to transportation; prohibiting certain activities on rail bank property;
1.3imposing misdemeanor penalty;amending Minnesota Statutes 2010, section
1.4222.63, subdivision 9.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 222.63, subdivision 9, is amended to read:
1.7 Subd. 9. Rail bank property use;petty misdemeanors penalties. (a) Except
1.8for the actions of road authorities and their agents, employees, and contractors, and of
1.9utilities, in carrying out their duties imposed by permit, law, or contract, and except
1.10as otherwise provided in this section, it is unlawful to knowingly perform any of the
1.11following activities on rail bank property:
1.12 (1) obstruct any trail;
1.13 (2) deposit snow or ice;
1.14 (3) remove or place any earth, vegetation, gravel, or rock without authorization;
1.15 (4) obstruct or remove any ditch-draining device, or drain any harmful or dangerous
1.16materials;
1.17 (5) erect a fence, or place or maintain any advertising, sign, or memorial, except
1.18upon authorization by the commissioner of transportation;
1.19 (6) remove, injure, displace, or destroy right-of-way markers or reference or witness
1.20monuments or markers placed to preserve section or quarter-section corners defining
1.21rail bank property limits;
1.22 (7) drive upon any portion of rail bank property, except at approved crossings, and
1.23except where authorized for snowmobiles, emergency vehicles, maintenance vehicles, or
1.24other vehicles authorized to use rail bank property;
2.1 (8) deface, mar, damage, or tamper with any structure, work, material, sign, marker,
2.2paving, guardrail, drain, or any other rail bank appurtenance;or
2.3 (9) park, overhang, or abandon any unauthorized vehicle or implement of husbandry
2.4on, across, or over the limits of rail bank property.;
2.5(10) plow, disc, or perform any other detrimental operation; or
2.6(11) place or maintain any permanent structure.
2.7 (b) Unless a greater penalty is provided elsewhere in statute,any a violation of this
2.8subdivision is a petty misdemeanor. A second or subsequent violation is a misdemeanor.
2.9 (c) The cost to remove, repair, or perform any other corrective action necessitated by
2.10a violation of this subdivision may be charged to the violator.
1.3imposing misdemeanor penalty;amending Minnesota Statutes 2010, section
1.4222.63, subdivision 9.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 222.63, subdivision 9, is amended to read:
1.7 Subd. 9. Rail bank property use;
1.8for the actions of road authorities and their agents, employees, and contractors, and of
1.9utilities, in carrying out their duties imposed by permit, law, or contract, and except
1.10as otherwise provided in this section, it is unlawful to knowingly perform any of the
1.11following activities on rail bank property:
1.12 (1) obstruct any trail;
1.13 (2) deposit snow or ice;
1.14 (3) remove or place any earth, vegetation, gravel, or rock without authorization;
1.15 (4) obstruct or remove any ditch-draining device, or drain any harmful or dangerous
1.16materials;
1.17 (5) erect a fence, or place or maintain any advertising, sign, or memorial, except
1.18upon authorization by the commissioner of transportation;
1.19 (6) remove, injure, displace, or destroy right-of-way markers or reference or witness
1.20monuments or markers placed to preserve section or quarter-section corners defining
1.21rail bank property limits;
1.22 (7) drive upon any portion of rail bank property, except at approved crossings, and
1.23except where authorized for snowmobiles, emergency vehicles, maintenance vehicles, or
1.24other vehicles authorized to use rail bank property;
2.1 (8) deface, mar, damage, or tamper with any structure, work, material, sign, marker,
2.2paving, guardrail, drain, or any other rail bank appurtenance;
2.3 (9) park, overhang, or abandon any unauthorized vehicle or implement of husbandry
2.4on, across, or over the limits of rail bank property
2.5(10) plow, disc, or perform any other detrimental operation; or
2.6(11) place or maintain any permanent structure.
2.7 (b) Unless a greater penalty is provided elsewhere in statute,
2.8subdivision is a petty misdemeanor. A second or subsequent violation is a misdemeanor.
2.9 (c) The cost to remove, repair, or perform any other corrective action necessitated by
2.10a violation of this subdivision may be charged to the violator.
