§
Subdivision 1.Six years.
(a) When any road or portion of a road has been used and kept in repair and worked for at least six years continuously as a public highway by a road authority, it shall be deemed dedicated to the public to the width of the actual use and be and remain, until lawfully vacated, a public highway whether it has ever been established as a public highway or not. Nothing contained in this subdivision shall impair the right, title, or interest of the water department of any city of the first class secured under Special Laws 1885, chapter 110. This subdivision shall apply to roads and streets except platted streets within cities. If a road authority fails to give the notice required by paragraph (b), this subdivision does not apply.
(b) Before a road authority may make any repairs or conduct any work on a private road as defined by section 169.011, subdivision 57, the road authority must notify the owner of the road of the intent to make repairs or conduct work on the private road. The notice must be sent to the owner by certified mail. The notice must specify the segment of road that is the subject of the notice and state the duration of the repairs or work. The notice must include the following: "Pursuant to Minnesota Statutes, section 160.05, your private road may be deemed to be dedicated to the public if the following conditions are met for six continuous years: (1) the road is used by the public; and (2) the road is repaired or worked on by a road authority. This means that the road will no longer be a private road but will be a public road. You will not receive compensation from the road authority when the road is dedicated to the public."
Notes of Decisions
Ravenna Township v. Grunseth (1981)
minn · cites it 30×
“The action was brought by Ravenna Township permanently to enjoin appellants from interfering with what the Township contended was a public road within the meaning of Minn.Stat. § 160.05, *216 subd. 1 (1980).”
Hebert v. City of Fifty Lakes (2008)
minn · cites it 4×
“Statutory Dedication The City alternatively argues that it acquired the property through statutory dedication, pursuant to Minn.Stat. § 160.05, subd. 1 (2006) (the “user statute”), which provides: When any road or portion of a road has been used and kept in repair and worked for…”
Shinneman v. Arago Township (1980)
minn · cites it 16×
“The defendant townships answered alleging that *241 the road had been established as a public road via statutory user pursuant to Minn. Stat. § 160.05 , subd. 1 (1978), and that plaintiff is precluded from recovering damages.”
Wojahn v. Johnson (1980)
minn · cites it 4×
“The plaintiffs further claim that the part of the road that extends over defendants’ land and that leads to the south access to plaintiffs’ house has been dedicated to public use either through Minn.Stat. § 160.05 (1978) or through common-law dedication.”
Foster v. Bergstrom (1994)
minnctapp · cites it 12×
“In October of 1991, the Fosters filed a complaint asserting that the disputed extension of Third Avenue is a public road by virtue of statutory dedication under Minn. Stat. § 160.05 (1990). After a bench trial, the district court concluded that the disputed extension of Third…”
Rixmann v. City of Prior Lake (2006)
minnctapp · cites it 16×
“Appellant challenges summary judgment granted to respondent city dismissing her action seeking a declaration that a turnaround at the end of a public street had become public under Minn.Stat. § 160.05, subd. 1 (2004). FACTS Appellant Mary E.”
Hebert v. CITY OF FIFTY LAKES (2010)
minnctapp · cites it 6×
“Second, the court determined that the user statute is applicable to Torrens properties. User-Statute Exemption Appellants first argue that the district court erred because the user statute does not apply to the road.”
Keidel v. Rask (1981)
nd · cites it 2×
“1) that provided that when any road had been used and kept in repair and worked for at least six years continuously as a public highway, the highway was deemed to be dedicated to the public to the width of two rods on each side of the centerline thereof. The road in question was…”
Town of Belle Prairie v. Kliber (1989)
minnctapp · cites it 4×
“While the trial court did not decide the case under Minn.Stat. § 160.05 (1988), the evidence supports a finding that the disputed road is a public road under the criteria of this provision.”
Alton v. Wabedo Township (1994)
minnctapp · cites it 6×
“The Barfiiecht decision discussed the constitutionality of the road dedication statute set forth in Minn.Stat. § 160.05, subd. 1, which provided in relevant part: When any road or portion thereof shall have been used and kept in repair and worked for at least six years…”
Township of Villard v. Hoting (1989)
minnctapp · cites it 2×
“2d 420, 423 (1975); see also Minn. Stat. § 160.05 , subd. 1 (1988) (when any road has been used and kept in repair as a public road by a road authority for at least six years continuously, it shall be deemed dedicated to the public to the width of the actual use).”
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