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Focus On New Laws New cartway law requires cities to establish access to landlocked property Anne Finn Tucked within a lengthy bill dealing upon which the cartway is established or more of the private property own- with state lands is a provision that together with the cost of professional ers who has no access to the owner's requires cities to assist owners of land- and other services,hearing costs, land except by way of the cartway, locked properties by establishing ease- administrative costs,recording costs, may maintain the cartway.The statute ments,or cartways,for purposes of and other costs and expenses that the provides that the cost must be equi- accessing property from a public road. city may incur in connection with tably divided among all of the private Mandatory establishment of the proceedings for the establishment property owners who own land adja- cartways required under certain condi- of the cartway.In addition,the city cent to the cartway and all of the pri- tions.On May 26,2006,the governor council may require the petitioner to vate property owners who have no signed into law Chapter 236.One of post a bond or other security accept- access to their land except by way of the provisions that went into effect able to the city council before the city the cartway. the following day included a new council takes action on the petition. The following factors may be state statute,Minn.Stat.(M.S.) 435.37. Can a city expend street or bridge taken into consideration when deter- The new law provides that upon peti- funds on a cartway?The statute mining an"equitable"share of main- tion presented to the city council by explicitly states that a city cannot tenance expenses: the owner of a tract of land contain- expend street or bridge funds on a • The frequency of use. ing at least five acres,whose access to cartway unless the city council,by • The type and weight of the vehicles the property is limited to a navigable resolution,determines that an expen- or equipment. waterway or over the lands of oth- diture is in the public interest.If no • The distance traveled on the cart- ers,the city council,by resolution, resolution is adopted to that effect,the way to the individual's property. must establish a cartway connect- grading or other construction work If the private property owners ing the petitioner's land with a public and the maintenance of the cartway is cannot agree on the division of the road.The law allows some city council the responsibility of the petitioner. costs,the city council may deter- discretion by providing that the city Who pays for the maintenance of mine the maintenance costs to be council may select an alternative route a cartway?If the city council does not apportioned to each private property other than that petitioned for. pass a resolution stating the cartway owner.The city council's decision Who pays for the costs related to serves the public interest,cartway may be appealed within 30 days to establishing a cartway?Before the maintenance costs must be borne the district court. cartway is opened,the petitioner must by private property owners.The law If you have questions about this pay the full amount of damages to the provides that when a cartway is not new law,please contact Anne Finn, city.According to the statute,"dam- maintained by the city,one or more LMC,at(651) 281-1263 or ages"means the compensation,if any, of the private property owners who afinn@hnnc.org. Ir awarded to the owner of the land own land adjacent to a cartway,or one September 13, 2006 LMC Cities Bulletin Page 5