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Prescriptive ease 01 09
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Prescriptive ease 01 09

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Transcript

  • 1. Prescriptive Easement Law for State & County Forest Roads M.S. 89.715, Sec 1- Authorization : Alternative Recording for State Forest Roads Subd. 1 - The commissioner may adopt a forest road map under this section to record the department's state forest road prescriptive easements. MS 282.041, S ubd. 2- Authorizes Counties to follow same procedure for adopting county forest roads.
  • 2. Presentation Purpose
    • Familiarize you with the new law
    • Discuss implications of the new law and how it affects DNR, County and other landowners
    • Discuss appropriate roles and responsibilities for the DNR and Counties.
    • Propose an implementation plan for recording forest roads under the new law
  • 3.
    • Basic Requirements of the Law
    • Subd. 2 - Sets standards for the recording of a state forest map.
    • Show State forest roads at time of recording
    • Be made at a scale compliant with standards of the county recorder where the state forest roads are located
    • Include a north arrow, section numbers, county name and state
    • Include a blank for public hearing information
    • Include a blank for Commissioners signature & date
    • Include a blank for legal descriptions of all parcels.
  • 4.
    • Subd. 3 - Sets Procedures to Adopt a Map
    • Commissioner may develop map by county or smaller unit at their discretion
    • Set time and place for public hearing
    • Hearing notice must state components of roads to be recorded (ie: treadway, ditches and backslopes)
    • Sets terms and conditions for posting public notice and requires Commissioner to notify all affected landowners of record
    • Sets standards for the development of maps
    • Requires Commissioner to meet and consult with County Land Commissioner, Auditor, and Recorder
    • Requires map to meet County standards for recording
  • 5.
    • Subd 4 - Establishes process for appeal by affected landowners.
    • (a) Appeals may be filed only by property owners who are directly affected by a proposed map designation and only for those portions of the map designation that directly affect them.
    • (b) A property owner may appeal the map designation to the commissioner within 60 days of the map being recorded by filing a written request for review. The commissioner shall review the request and any supporting evidence and render a decision within 45 days of receipt of the request for review.
    • (c) If a property owner wishes to appeal a decision of the commissioner after review under paragraph (b), the property owner must file an appeal with the district court within 60 days of the commissioner's decision.
    • (d) If any portion of a map appealed under paragraph (b) is modified or found to be invalid by a court of competent jurisdiction under paragraph (c), the remainder of the map shall not be affected and its recording with the county recorder shall stand.
  • 6.
    • Proposed Method of Establishing and Inventorying State Forest Roads
    • State forest roads may only be created by a Commissioners designation order (M.S.89.71)
    • State forest roads may be undesignated by Commissioners order (M.S.89.71)
    • Maps of state forest roads will be created and recorded under M.S.89.715 and become “the official map of state forest roads”
    • The DRS will be updated with the same information contained on “the official map of state forest roads” recorded in each county.
  • 7.
    • Benefits of the Law
    • Provides legal means for officially recording prescriptive easements on state/county forest roads to the width of actual use.
    • Does not affect easements already in place
    • Allows transfer of state/county forest road easement rights to other units of government.
    • Establishes similar easement rights on all forest roads
    • Protects state/county forest roads from claims by private landowners.
    • Drawbacks
    • Does not address easements over federal or tribal lands
    • May require purchasing additional easement rights from private parties
  • 8. Implementation Plan
    • Road Easement Specialist’s Responsibilities
    • Assemble and lead project teams.
    • Ensure WHEELS is accurate and updated in a timely fashion
    • Develop and maintain project processes, web site and map standards
    • Conduct required activities for public notification and public hearing process
    • Secure needed funding and/or additional staff time to complete project.
    • Research records and make supporting documentation available to affected landowners
  • 9.
    • Area Staff Responsibilities
    • Provide historical use documentation for DNR and/or public use of the forest road to include:
      • - timber sales and other resource management
      • documents on state, county or private lands .
    • - Permits issued for use of forest road
    • - Public use of forest road, etc.
    • Assistance in contacting affected landowners
    • Coordination and communication with Local officials
    • Assistance at public hearings
  • 10. Project Counties
  • 11. Current Project Status
  • 12. Map Examples for Recording and Public Meetings
  • 13. County-wide Public Hearing Map
  • 14. Road Specific Public Hearing Ownership Map
  • 15. Road Specific Public Hearing 2000’s FSA Photo
  • 16. Road Specific Public Hearing 1990’s DOQ Photo
  • 17. Recording Map
  • 18. Documenting Use of Forest Roads
    • Old Air Photos 30’s through 2000+
    • Timber Sale Records
    • Forest Development Records
    • Forest Road Records – maintenance, grading, graveling, signage.
    • Older Highway, Township Plat or other Maps showing route.
    • State, County & Township records referencing use of route.
    • Forest road or trail leases & easements.
    • Testimonials documenting use from:
      • County & Township officials
      • Foresters & Wildlife Managers.
      • Trappers & Bait Dealers
      • Private Landowners
      • Industrial Landowners
      • Recreationists
  • 19. Examples of Use Documents
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