Bill Text: MN HF1736 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Snow removal provisions in uncompleted subdivisions sunset date extended.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2013-04-08 - Introduction and first reading, referred to Transportation Policy [HF1736 Detail]
Download: Minnesota-2013-HF1736-Introduced.html
1.2relating to transportation; roads; extending the sunset date for provisions
1.3pertaining to snow removal in uncompleted subdivisions;amending Minnesota
1.4Statutes 2012, section 160.21, subdivision 6.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 160.21, subdivision 6, is amended to read:
1.7 Subd. 6. Uncompleted subdivisions. (a) A road authority, including a statutory or
1.8home rule charter city, may remove snow from unopened or private roads in uncompleted
1.9subdivisions containing five or more lots, upon adoption of an annual resolution finding
1.10that the subdivision developer, due to general insolvency or pending foreclosure, is unable
1.11to maintain the roads and that public safety may be jeopardized if the access of school
1.12buses, public works vehicles, or authorized emergency vehicles, as defined in section
1.13169.011, subdivision 3
, is obstructed. Snow removal activities are limited to streets
1.14reasonably necessary for access by these buses or vehicles.
1.15(b) Snow removal under this subdivision does not constitute:
1.16(1) acceptance of the road from the developer by the road authority for public use;
1.17(2) the opening of the road to public use; nor
1.18(3) a use, repair, or maintenance of the road sufficient for the purposes of dedication
1.19of roads under section160.05 .
1.20(c) The road authority may impose a reasonable and proportionate charge on all
1.21properties within the subdivision for services provided under this subdivision. These
1.22charges, if unpaid, may constitute a lien upon the properties within the subdivision and
1.23may 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 2,2013 2014.
1.3pertaining to snow removal in uncompleted subdivisions;amending Minnesota
1.4Statutes 2012, section 160.21, subdivision 6.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 160.21, subdivision 6, is amended to read:
1.7 Subd. 6. Uncompleted subdivisions. (a) A road authority, including a statutory or
1.8home rule charter city, may remove snow from unopened or private roads in uncompleted
1.9subdivisions containing five or more lots, upon adoption of an annual resolution finding
1.10that the subdivision developer, due to general insolvency or pending foreclosure, is unable
1.11to maintain the roads and that public safety may be jeopardized if the access of school
1.12buses, public works vehicles, or authorized emergency vehicles, as defined in section
1.14reasonably necessary for access by these buses or vehicles.
1.15(b) Snow removal under this subdivision does not constitute:
1.16(1) acceptance of the road from the developer by the road authority for public use;
1.17(2) the opening of the road to public use; nor
1.18(3) a use, repair, or maintenance of the road sufficient for the purposes of dedication
1.19of roads under section
1.20(c) The road authority may impose a reasonable and proportionate charge on all
1.21properties within the subdivision for services provided under this subdivision. These
1.22charges, if unpaid, may constitute a lien upon the properties within the subdivision and
1.23may 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(e) This subdivision expires May 2,
