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.
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.