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METROPOLITAN COVERNMEN'P
<br />§ 473.411
<br />may deem necessary for such purposes. The commissioner of transportation may furnish
<br />all engineering, legal, and other services, if so requested by the commission and upon fair
<br />and reasonable reimbursement for the cost thereof by the commission, for the purposes
<br />Istated in this subdivision, including the acquisition by purchase, condemnation, or other-
<br />! wise in the name of the commission of all lands, waters, easements, or other rights or •
<br />1 interests in lands or waters required by the commission. No purchase of service
<br />agreements may be made under this subdivision which are not included in the budget of
<br />the commission.
<br />Subd. 4. State highways; joint use for transit and highway purposes. Wherever
<br />the joint construction or use of a state highway is feasible in fulfilling the purposes of
<br />sections 473.404 to 473.449, the transit commission shall enter into an agreement with the
<br />commissioner of transportation therefor, evidenced by a memorandum setting forth the
<br />terms of the agreement. Either the commission or the commissioner of transportation
<br />may acquire any additional lands, waters, easements or other rights or interests required
<br />for joint use in accordance with the agreement, or joint acquisition may be made by
<br />condemnation as provided by section 117.016 and the provisions of sections 473.404 to
<br />473.449. Under the agreement each party shall pay to the other party reasonable
<br />compensation for the costs of any services performed at the request of the other party
<br />which may include any costs of engineering, design, acquisition of property, construction
<br />of the facilities, and for the use thereof so far as attributable to and necessary for the
<br />purposes. The commission may not agree to acquisitions or expenditures under this .
<br />subdivision which are not included in its budget.
<br />Subd. 5. Use of public roadways and appurtenances. The transit commission may
<br />use for the purposes of sections 473.404 to 473.449 upon the conditions stated in this
<br />subdivision any state highway or other public roadway or lane, or any bridge or tunnel or
<br />other appurtenance of a roadway, without payment of any compensation, provided the use
<br />does not interfere unreasonably with the public use or maintenance of the roadway or
<br />appurtenance or entail any substantial additional costs for maintenance. The provisions
<br />of this subdivision do not apply to the property of any common carrier railroad or common
<br />carrier railroads. The consent of the public agency in charge of such state highway or
<br />other public highway or roadway or appurtenance is not required, but if the agency
<br />objects to the proposed use or claims reimbursement from the commission for additional
<br />cost of maintenance, it may commence an action against the commission in the district
<br />court of the county wherein the highway, roadway, or appurtenance, or major portion
<br />thereof, is located. The proceedings in the action must conform to the rules of civil
<br />•I procedure applicable to the district courts. The court shall sit without jury. If the court
<br />determines that the use in question interferes unreasonably with the public use or
<br />maintenance of the roadway or appurtenance, it shall enjoin the use by the commission.
<br />If the court determines that the use in question does not interfere unreasonably with the
<br />public use or maintenance of the roadway or appurtenance, but that it entails substantial
<br />additional maintenance costs, the court shall award judgment to the agency for the
<br />amount of the additional costs. Otherwise the court shall award judgment to the
<br />commission. An aggrieved party may appeal from the judgment of the district court in
<br />the same manner as is provided for such appeals in other civil actions. The commission
<br />may also use land within the right of way of any state highway or other public roadway
<br />for the erection of traffic control devices, other signs, and passenger shelters upon the
<br />conditions stated in this subdivision and subject only to the approval of the commissioner
<br />of transportation where required by statute, and subject to the express provisions of
<br />other applicable statutes and to federal requirements where necessary to qualify for
<br />federal aid.
<br />Amended by Laws 1979, Ex.Sess.. c. 1, § 50; Laws 1981, c. 356, § 240; Laws 1981, c. 363, § 53, eff.
<br />July 1, 1981; Laws 1984, c. 654, art. 3, § 129; Laws 1987. c. 384, art. 2, § 1.
<br />Historical and Statutory Notes
<br />1979 Amendment. Added "as provided in sec Laws 1979, Ex.Sess., c. 1 did not contain a
<br />tion 174.28• subdivision 5" to the end of the next specific effective date, but did include appropria-
<br />to the last sentence of subd. 1.
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<br />— BUS SERVICE /ZONE MAINT. AGREEMENT
<br />— EXHIBIT C
<br />Page 124
<br />t-c._
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