Minnesota Statutes

Minn. Stat. § 160.09 (2026)

Change Or Vacation Of Local Road

✓ current as of May 2026
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Subdivision 1.Change in location.

When the road authority of a county or town changes the location of a highway or road under its jurisdiction, the old road shall remain open until the new road is opened for travel. The old road or any portion thereof shall not revert to the abutting owners until vacated by the road authority in accordance with the law.

Subd. 2.Old roads remain open.

When the new road does not provide access to property whose only means of access was the old road, then and in that event, the portion of the old road providing the access shall remain open for travel and shall be maintained by the county or town road authority until other means of access are provided after which it may be vacated as provided by law.

Subd. 3.Local road not vacated in certain cases.

When a county highway or town road is the only means of access to any property or properties containing an area or combined area of five acres or more, the highway or road shall not be vacated without the consent of the property owner unless other means of access are provided.

Notes of Decisions
Cited in 3 cases, 1978–2011 · leading case: Christopherson v. Fillmore Twp., 583 N.W.2d 307 (Minn. Ct. App. 1998).
Christopherson v. Fillmore Twp., 583 N.W.2d 307 (Minn. Ct. App. 1998). · cites it 15× “Because the minimum width of an easement that would provide “access” under Minn.Stat. § 160.09, subd. 3, (1996), has not been set by statutes or easelaw, we conclude that it was error for the court to rule that twenty feet does not provide access and accordingly, we reverse.”
Henricksen v. Town Bd. of Kerrick, 797 N.W.2d 211 (Minn. Ct. App. 2011). · cites it 2× “Appellant relies on another statutory provision, Minn.Stat. § 160.09, subd. 3 (2010) ("When a .”
Kangas v. Twp. of Blueberry, 264 N.W.2d 389 (Minn. 1978). “The provisions of § 160.09, subd. 3, are not applicable because the use of the Kangas road is not the only means of access to the affected property.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.