#05 - Right of Way Management - Laserfiche WebLink

Home Browse Search

the right-of-way user and any contractors involved in the excavation; the anticipated start and completion dates; the typical depth of the lines; and the general location of the work. Subp. 2.Waiver.The local government unit may waive all or any portion of the requirements of subpart 1. A waiver of the notice requirement must be renewed on an annual basis, unless a different waiver period is agreed to by the local government unit. Subp. 3.Applicability.This part is not applicable to a local government unit that has adopted an ordinance requiring a right-of-way user to obtain a permit or to provide a notice for certain types of work in lieu of a permit. Statutory Authority: MS s 237.163 History: 23 SR 2004 Published Electronically:November 14, 2003 7819.1250 INDEMNIFICATION. Subpart 1.Authority, generally.As a condition for issuing a permit for work on a public right-of-way, a local government unit may require the permittee to indemnify the local government unit against liability claims. The local government unit may require indemnification when a permit authorizes a permittee to obstruct or excavate on or within a public right-of-way to install, maintain, or repair the permittee's facilities. Subp. 2.Claims indemnified.The local government unit may require the permittee to defend, indemnify, and hold harmless the local government unit from all liability or claims of liability for bodily injury or death to persons, or for property damage, in which the claim: A.alleges a negligent or otherwise wrongful act or omission of the permittee or its employee, agent, or independent contractor in installing, maintaining, or repairing the permittee's facilities; and alleges that the local government unit is liable, without alleging any independent negligent, or otherwise wrongful, act or omission on the part of the local government unit; or B.is based on the local government unit's negligent or otherwise wrongful act or omission in issuing the permit or in failing to properly or adequately inspect or enforce compliance with a term, condition, or purpose of the permit granted to the permittee. Subp. 3.Claims not indemnified.A permittee is not required to indemnify a local government unit for losses or claims occasioned by the negligent or otherwise wrongful act or omission of the local government unit, except: A.to the extent authorized in subpart 2 regarding the issuance of a permit or the inspection or enforcement of compliance with the permit; or B.when otherwise provided in an applicable franchise agreement. Subp. 4.Remedy is additional; subrogation.A defense or indemnification of a local government unit by a permittee is deemed not to be a waiver of any defense or immunity otherwise available to the local government unit. Official Publication of the State of Minnesota Revisor of Statutes 7819.1250MINNESOTA RULES7