reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 160 - 174A — Transportation › Chapter 161 — Trunk Highways › Section 161.261 — Connector Segments With Other States.

161.261 CONNECTOR SEGMENTS WITH OTHER STATES.
Subdivision 1.
Agreement to improve segment in other state.
When the beginning or terminal of a trunk highway is the state boundary, and the commissioner of transportation and the authorities of the adjoining state deem it desirable during the construction or improvement of such trunk highway to construct or improve a connector highway in the adjoining state thereby connecting or improving the connection of such trunk highway with the highway system of the adjoining state, the commissioner may enter into agreements with the authorities of such adjoining state providing for such connecting highway to be constructed or improved under and as part of the trunk highway construction contract. Such connector highway shall connect with the trunk highway at the state boundary. The entire cost of constructing or improving the connector highway, including engineering costs and expenses, planning and designing expenses, and any other expenses attributable to such connector highway, shall be paid by the adjoining state, and the manner and time of such payment shall be specified in the agreement.
Subd. 2.
Agreement to improve segment in Minnesota.
The commissioner, in the interest of construction economy, may enter into agreements with the authorities of an adjoining state providing that the adjoining state construct or improve a segment of a Minnesota trunk highway route in conjunction with a construction project of the adjoining state so as to connect or improve the connection of the Minnesota trunk highway route with the highway system of such adjoining state at their common boundary. The cost of construction or improvement of such segment, including costs of planning and design and equitable engineering costs and expenses attributable to such segment, shall be paid from the trunk highway fund.
Subd. 3.
[Repealed, 1976 c 163 s 63]
History:
1963 c 460 s 1-3; 1976 c 166 s 7; 2014 c 243 s 1,2
2023 Minnesota Statutes › Chapters 160 - 174A — Transportation › Chapter 161 — Trunk Highways › Section 161.27 — Trunk Highways Across Bodies Of Water.

161.27 TRUNK HIGHWAYS ACROSS BODIES OF WATER.
Subdivision 1.
Permit.
The commissioner may establish, construct, and maintain trunk highways into, through, or across any lake and may alter and change the channel of any stream when necessary or expedient in the construction or maintenance of any trunk highway; provided that no such trunk highway improvement affecting public waters shall be made until a permit therefor is issued by the commissioner of natural resources as provided by law.
Subd. 2.
Acquisition of lands.
For the purposes set forth in subdivision 1 the commissioner may acquire lands and properties or any interest therein by purchase, gift, or condemnation.
History:
1959 c 500 art 2 s 27; 1969 c 1129 art 3 s 1
2023 Minnesota Statutes › Chapters 160 - 174A — Transportation › Chapter 161 — Trunk Highways › Section 161.28 — Altering Public Drainage Ditch By Trunk Highway.

161.28 ALTERING PUBLIC DRAINAGE DITCH BY TRUNK HIGHWAY.
Subdivision 1.
Petition.
Upon the filing of a petition by the commissioner with the appropriate county auditor setting forth that it would be advantageous or desirable in the construction or maintenance of a trunk highway to make a minor alteration or change in a public drainage system directly affecting a trunk highway and that the alteration or change will not affect the functioning or efficiency of the public drainage system, the auditor shall fix a time and place for hearing and give notice of the hearing by publication, as defined in section 103E.325. Upon the filing of the petition, the commissioner shall also file a plan showing in detail the alteration or change petitioned for. If upon the hearing it appears to the county board or joint county ditch authority that the alteration or change in the public drainage system will not affect or impair the efficiency of the drainage system, the board or authority shall make its order allowing the commissioner to make the alteration or change petitioned for. Upon the making of the order by the county board or the joint county ditch authority, the commissioner may proceed at the sole cost and expense of the state to make the alterations or changes as may be in the order allowed, damages, if any, for any additional lands necessary for the change or alteration being first duly paid or secured. Upon completion of the alteration or change, the commissioner shall file with the appropriate auditor a map drawn to scale showing the change or alteration made and shall also file a profile of all lines of the alteration or change in the ditch showing graphically the elevation of the ground and gradient, whether open or tiled, the size of tile, and the bottom width and side slope of open ditch sections, and such other information as may appear necessary for understanding. Upon the completion of the alteration or change herein provided for, the ditch shall thereafter include such alteration or change as a part of it with the same force and effect as though it had been originally so constructed and established.
Subd. 2.
Recovery of damages.
Within six years after completion of any alteration or change as provided in this section, any owner or owners of lands in the drainage system claiming damages by reason of the alteration or change may bring an action in the district court of the county in which the lands are located to compel the commissioner to pay damages, if any, caused by the alteration or change.
History:
1959 c 500 art 2 s 28; 1983 c 143 s 5; 1985 c 172 s 125; 1990 c 391 art 8 s 30
2023 Minnesota Statutes › Chapters 160 - 174A — Transportation › Chapter 161 — Trunk Highways › Section 161.29 — Acquiring Toll Bridge For Trunk Highway System.

161.29 ACQUIRING TOLL BRIDGE FOR TRUNK HIGHWAY SYSTEM.
On determining that it is in the best interests of the public and necessary in the location, construction, improvement, or maintenance of any trunk highway, the commissioner may designate by order as a part of the trunk highway system any toll bridge situated wholly within the state, and may acquire by purchase, gift, or condemnation, as provided by law, the necessary rights or easement in, to, or over any such toll bridge as will enable the public to use the bridge for highway traffic free of toll.
History:
1959 c 500 art 2 s 29; 1986 c 444
2023 Minnesota Statutes › Chapters 160 - 174A — Transportation › Chapter 161 — Trunk Highways › Section 161.30 — Marking Design.

161.30 MARKING DESIGN.
Subdivision 1.
Commissioner to adopt.
The commissioner shall adopt a suitable marking design with which the commissioner shall mark or blaze the trunk highway routes, and as the definite final location of each route is opened to traffic the markings shall be changed to such location.
Subd. 2.
Avoiding duplicate numbering of routes; map.
In order to coordinate the markings of the various existing routes, together with the new routes which have been or may be added, and in order to avoid duplication in numbers used on interstate routes, the commissioner may revise and consolidate the marking and numbering of the routes within the system from time to time. Upon revising the marking or numbering the commissioner shall prepare a map showing the existing routes and identifying numbers and the routes and identifying numbers or design of the revised system. This map shall be authenticated by a certificate of the commissioner certifying the same as being the map showing the revised markings under the provisions of this section. This map and certificate shall be filed in the office of the commissioner and thereafter shall govern the identification of the several routes or portions thereof in the trunk highway system and all proceedings, records, and accounts thereafter shall be governed accordingly. Proceedings pending and under way at the time such map is filed shall cite both the old and the new identifications.
History:
1959 c 500 art 2 s 30; 1986 c 444
2023 Minnesota Statutes › Chapters 160 - 174A — Transportation › Chapter 161 — Trunk Highways › Section 161.31 — Maps And Pamphlets.

161.31 MAPS AND PAMPHLETS.
Subdivision 1.
Maps.
The commissioner shall periodically publish a map showing the location and status of improvements of the trunk highway system. Trunk highway maps may contain advertising as a means of offsetting the costs of preparing and distributing the maps. All advertising revenues received by the commissioner under this subdivision shall be deposited in the trunk highway fund.
Subd. 2.
[Repealed, 2014 c 227 art 1 s 23]
History:
1959 c 500 art 2 s 31; 1975 c 126 s 1; 1984 c 654 art 3 s 56; 1986 c 444
2023 Minnesota Statutes › Chapters 160 - 174A — Transportation › Chapter 161 — Trunk Highways › Section 161.3206 — Best-value Contracting Authority.

161.3206 BEST-VALUE CONTRACTING AUTHORITY.
Notwithstanding sections 16C.25, 161.32, 161.321, or any other law to the contrary, the commissioner may solicit and award all contracts, other than design-build contracts governed by section 161.3412, for a project on the basis of a best-value selection process as defined in section 16C.28, subdivision 1b. Section 16C.08 does not apply to this section.
History:
2007 c 148 art 3 s 17; 2014 c 196 art 3 s 2
2023 Minnesota Statutes › Chapters 160 - 174A — Transportation › Chapter 161 — Trunk Highways › Section 161.3208 — Construction Manager/general Contractor; Authority.

161.3208 CONSTRUCTION MANAGER/GENERAL CONTRACTOR; AUTHORITY.
Subdivision 1.
Selection authority; limitation.
Notwithstanding sections 16C.25, 161.32, and 161.321, or any other law to the contrary, the commissioner may select a construction manager/general contractor as provided in section 161.3209, and award a construction manager/general contractor contract. The number of awarded contracts shall not exceed three in any calendar year.
Subd. 2.
Determination.
Final determination to use a construction manager/general contractor contracting procedure may be made only by the commissioner.
Subd. 3.
Cancellation.
The solicitation of construction manager/general contractor requests for qualifications or proposals does not obligate the commissioner to enter into a construction manager/general contractor contract. The commissioner may accept or reject any or all responses received as a result of the request. The solicitation of proposals may be canceled at any time at the commissioner's sole discretion if cancellation is considered to be in the state's best interest. If the commissioner rejects all responses or cancels the solicitation for proposals, the commissioner may resolicit a request for proposals using the same or different requirements.
Subd. 4.
Reporting.
The commissioner shall notify the chairs and ranking minority members of the senate and house of representatives committees with jurisdiction over transportation policy and transportation finance each time the commissioner decides to use the construction manager/general contractor method of procurement and explain why that method was chosen.
History:
2012 c 287 art 3 s 3; 1Sp2021 c 5 art 4 s 22,121
NOTE:
This section, as added by Laws 2012, chapter 287, article 3, section 3, expires one year following the acceptance of 20 construction manager/general contractor contracts. Laws 2012, chapter 287, article 3, section 3, the effective date, as amended by Laws 2021, First Special Session chapter 5, article 4, section 121.
2023 Minnesota Statutes › Chapters 160 - 174A — Transportation › Chapter 161 — Trunk Highways › Section 161.3212 — Working Capital Fund.

161.3212 WORKING CAPITAL FUND.
The commissioner, to the extent allowed by other law or contract, may grant available money that has been appropriated for socially or economically disadvantaged business programs to a guaranty fund administered by a nonprofit organization that makes or guarantees working capital loans to small business concerns owned and operated by socially and economically disadvantaged individuals. "Small business concern" and "socially and economically disadvantaged individual" have the meanings given them in Code of Federal Regulations, title 49, section 26.5. The purpose of loans made or guaranteed by the organization must be to provide short-term working capital to enable eligible businesses to be awarded contracts for goods and services or for construction-related services from government agencies.
Money contributed from a constitutionally or statutorily dedicated fund must be used only for purposes consistent with the purposes of the dedicated fund.
History:
1989 c 320 s 1; 2012 c 287 art 3 s 5
2023 Minnesota Statutes › Chapters 160 - 174A — Transportation › Chapter 161 — Trunk Highways › Section 161.322 — Payment Of Interest To Contractors.

161.322 PAYMENT OF INTEREST TO CONTRACTORS.
When any contract for the construction, improvement, or repair of any trunk highway has been entered into by the commissioner of transportation of the state of Minnesota, and the work provided for in the contract has been in all things completed to the satisfaction of the commissioner or the commissioner's agent except for the release of sureties, in accordance with the contract, by the person with whom the commissioner has contracted, herein termed the contractor, unless final estimate for the work is made within 90 days after the contractor has so completed the work, the contractor shall be entitled to receive interest at the rate equal to the Monthly Index of Long Term United States Bond Yields for the month prior to the month in which this obligation is incurred from the date of the expiration of that 90-day period upon all amounts finally determined to be due the contractor which were not paid prior to the expiration of that period, to be paid in the same manner as, and at the time of, the final payment under the contract. The 90-day requirement, and the interest provisions provided for herein, shall not apply if delay is caused by the contractor; nor shall the 90-day requirement apply to contracts over two million dollars if the contract provides specifically for a different period of time in which to make such final estimate.
History:
1963 c 515 s 1; 1976 c 166 s 7; 1980 c 464 s 5; 1986 c 444
2023 Minnesota Statutes › Chapters 160 - 174A — Transportation › Chapter 161 — Trunk Highways › Section 161.33 — Employee Interest In Contract, Unlawful.

161.33 EMPLOYEE INTEREST IN CONTRACT, UNLAWFUL.
It shall be unlawful for any member or employee of the Department of Transportation to be directly or indirectly interested in any contract for the construction or improvement of any public road or bridge, or in any contract for the repair, purchase or sale of any road machinery, equipment, materials, or supplies to be used thereon. Any person violating any of the foregoing provisions shall be guilty of a gross misdemeanor.
History:
1959 c 500 art 2 s 33; 1976 c 166 s 7
2023 Minnesota Statutes › Chapters 160 - 174A — Transportation › Chapter 161 — Trunk Highways › Section 161.34 — Contract Claims Against State.

161.34 CONTRACT CLAIMS AGAINST STATE.
Subdivision 1.
Waiver of immunity.
When a controversy arises out of any contract for the construction or repair of state trunk highways entered into by the commissioner or by the commissioner's authority, in respect to which controversy a party to the contract would be entitled to redress against the state, either in a court of law or equity if the state were suable, and when no claim against the state for the same redress has heretofore been made, the state hereby waives immunity from suit in connection with such controversy and confers jurisdiction on the district courts of the state to hear and try the controversy in the manner provided for the trial of causes in the district courts. Only a party to the contract shall have the right to bring action against the state.
Subd. 2.
When action may be commenced.
No such action shall be maintained unless commenced within 90 days after the plaintiff has been furnished by the state with a final estimate under the plaintiff's contract, or, at the election of the plaintiff, within six months after the work provided for under that contract shall have been in all things completed.
Subd. 3.
Where action may be brought.
The action shall be brought at the election of the plaintiff in the District Court of Ramsey County, or in the district court of the county where a major portion of the contract is performed, or in the district court of the county in which the plaintiff resides, or, if there be several plaintiffs residing in different counties, then in the district court of the county of the residence of any one of them. The action shall be commenced by filing a complaint with the court administrator and serving summons and copy of the complaint upon the attorney general of the state at the State Capitol. The state shall have 40 days from the date of such service within which to serve an answer upon the plaintiff, and thereafter the case shall proceed in the same manner as other actions at law in the court.
Subd. 4.
Appeal.
An appeal from any final order of judgment in the action shall lie as in other civil cases.
History:
1959 c 500 art 2 s 34; 1983 c 247 s 66; 1986 c 444; 1Sp1986 c 3 art 1 s 82
2023 Minnesota Statutes › Chapters 160 - 174A — Transportation › Chapter 161 — Trunk Highways › Section 161.3410 — Design-build Contracts; Definitions.

161.3410 DESIGN-BUILD CONTRACTS; DEFINITIONS.
Subdivision 1.
Scope.
The terms used in sections 161.3410 to 161.3426 have the meanings given in this section.
Subd. 2.
Commissioner.
"Commissioner" means the commissioner of transportation.
Subd. 3.
Design-build contract.
"Design-build contract" means a single contract between the Department of Transportation and a design-build company or firm to furnish the architectural or engineering and related design services as well as the labor, material, supplies, equipment, and construction services for the transportation project.
Subd. 4.
Design-build firm.
"Design-build firm" means a proprietorship, partnership, limited liability partnership, joint venture, corporation, any type of limited liability company, professional corporation, or any legal entity.
Subd. 5.
Design professional.
"Design professional" means a person who holds a license under chapter 326 that is required to be registered under Minnesota law.
Subd. 6.
Design-build transportation project.
"Design-build transportation project" means the procurement of both the design and construction of a transportation project in a single contract with a company or companies capable of providing the necessary engineering services and construction.
Subd. 7.
Design-builder.
"Design-builder" means the design-build firm that proposes to design and build a transportation project governed by the procedures of this section.
Subd. 8.
Request for proposals or RFP.
"Request for proposals" or "RFP" means the document by which the commissioner solicits proposals from prequalified design-build firms to design and construct the transportation project.
Subd. 9.
Request for qualifications or RFQ.
"Request for qualifications" or "RFQ" means a document to prequalify and short-list potential design-build firms.
History:
1Sp2001 c 8 art 3 s 1; 2014 c 227 art 2 s 3
2023 Minnesota Statutes › Chapters 160 - 174A — Transportation › Chapter 161 — Trunk Highways › Section 161.3412 — Design-build Authority.

161.3412 DESIGN-BUILD AUTHORITY.
Subdivision 1.
Best-value selection for design-build contracts.
Notwithstanding sections 16C.25, 161.32, and 161.321, or any other law to the contrary, the commissioner may solicit and award a design-build contract for a project on the basis of a best-value selection process. Section 16C.08 does not apply to design-build contracts to which the commissioner is a party.
Subd. 2.
Competitive, open process.
Sections 161.3410 to 161.3426 apply only to transportation projects using the two-step competitive process utilizing public solicitation for design-build services.
Subd. 3.
Restriction; reports.
(a) The number of design-build contracts awarded by the commissioner in any fiscal year may not exceed ten percent of the total number of transportation construction contracts awarded by the commissioner in the previous fiscal year.
(b) The commissioner shall notify the chairs of the senate and house of representatives committees with jurisdiction over transportation policy and transportation finance each time the commissioner decides to use the design-build method of procurement and explain why that method was chosen.
Subd. 4.
Municipal consent.
Use of the design-build method of state transportation project delivery is subject to state law concerning municipal consent to highways in municipalities.
History:
1Sp2001 c 8 art 3 s 2; 2007 c 148 art 3 s 18; 2014 c 227 art 2 s 4
2023 Minnesota Statutes › Chapters 160 - 174A — Transportation › Chapter 161 — Trunk Highways › Section 161.3414 — Determination To Use Design-build Selection Method.

161.3414 DETERMINATION TO USE DESIGN-BUILD SELECTION METHOD.
Subdivision 1.
General criteria.
A design-build contracting procedure authorized under sections 161.3410 to 161.3426 may be used for a specific project only after the commissioner determines that awarding a design-build contract will serve the public interest.
Subd. 2.
Specific criteria.
The commissioner shall use the following criteria as the minimum basis for determining when to use the design-build method of project delivery:
(1) the extent to which it can adequately define the project requirements in a proposed scope of the design and construction desired;
(2) the time constraints for delivery of the project;
(3) the capability and experience of potential contractors with the design-build method of project delivery or similar experience;
(4) the suitability of the project for use of the design-build method of project delivery with respect to time, schedule, costs, and quality factors;
(5) the capability of the Department of Transportation to manage the project, including the employment of experienced personnel or outside consultants;
(6) the capability of the Department of Transportation to oversee the project with individuals or design-build firms who are familiar and experienced with the design-build method of project delivery or similar experience;
(7) the lack of ability and availability of any current state employee to perform the services called for by the contract;
(8) the original character of the product or the services;
(9) the work to be performed on the project is necessary to the agency's achievement of its statutory responsibilities and there is statutory authority to enter into the contract; and
(10) other criteria the commissioner deems relevant and states in writing in its determination to utilize the design-build method of project delivery.
History:
1Sp2001 c 8 art 3 s 3; 2014 c 227 art 2 s 5
2023 Minnesota Statutes › Chapters 160 - 174A — Transportation › Chapter 161 — Trunk Highways › Section 161.3416 — Design-build Notice; Report.

161.3416 DESIGN-BUILD NOTICE; REPORT.
Subdivision 1.
Summary report of reasons for determination.
The commissioner shall summarize in a written statement its reasons for using the design-build construction contracting procedure. This statement, along with other relevant information describing the project, must be made available upon request to interested parties.
Subd. 2.
Final determination authority.
Final determination to use a design-build construction contracting procedure may be made only by the commissioner.
History:
1Sp2001 c 8 art 3 s 4
2023 Minnesota Statutes › Chapters 160 - 174A — Transportation › Chapter 161 — Trunk Highways › Section 161.3418 — Licensing Requirements.

161.3418 LICENSING REQUIREMENTS.
Subdivision 1.
Licensed professional required.
Each design-builder shall employ, or have as a partner, member, officer, coventurer, or subcontractor, a person duly licensed and registered to provide the design services required to complete the project and do business in the state.
Subd. 2.
Contracting for licensed professional.
A design-builder may enter into a contract to provide professional or construction services for a project that the design-builder is not licensed, registered, or qualified to perform, so long as the design-builder provides those services through subcontractors with duly licensed, registered, or otherwise qualified individuals in accordance with sections 161.3410 to 161.3426.
Subd. 3.
Liability.
(a) Nothing in this section authorizing design-build contracts is intended to limit or eliminate the responsibility or liability owed by a professional on a design-build project to the state, county, or city, or other third parties under existing law.
(b) The design service portion of a design-build contract must be considered a service and not a product.
History:
1Sp2001 c 8 art 3 s 5; 2014 c 227 art 2 s 6
2023 Minnesota Statutes › Chapters 160 - 174A — Transportation › Chapter 161 — Trunk Highways › Section 161.3422 — Rfp For Design-build.

161.3422 RFP FOR DESIGN-BUILD.
During phase two, the commissioner shall issue a request for proposals (RFP) to the design-builders on the short list. The request must include:
(1) the scope of work, including (i) performance and technical requirements, (ii) conceptual design, (iii) specifications, and (iv) functional and operational elements for the delivery of the completed project, which must be prepared by a registered or licensed professional engineer;
(2) a description of the qualifications required of the design-builder and the selection criteria, including the weight or relative order, or both, of each criterion;
(3) copies of the contract documents that the successful proposer will be expected to sign;
(4) the maximum time allowable for design and construction;
(5) the road authority's estimated cost of design and construction;
(6) the requirement that a submitted proposal be segmented into two parts, a technical proposal and a price proposal;
(7) the requirement that each proposal be in a separately sealed, clearly identified package and include the date and time of the submittal deadline;
(8) the requirement that the technical proposal include a critical path method; bar schedule of the work to be performed, or similar schematic; design plans and specifications; technical reports; calculations; permit requirements; applicable development fees; and other data requested in the RFP;
(9) the requirement that the price proposal contain all design, construction, engineering, inspection, and construction costs of the proposed project;
(10) the date, time, and location of the public opening of the sealed price proposals; and
(11) other information relevant to the project.
History:
1Sp2001 c 8 art 3 s 7
2023 Minnesota Statutes › Chapters 160 - 174A — Transportation › Chapter 161 — Trunk Highways › Section 161.3424 — Replacing Team Members.

161.3424 REPLACING TEAM MEMBERS.
An individual or a design-build firm identified in a response to a request for qualifications (RFQ) or a request for proposals (RFP) may not be replaced without the written approval of the commissioner. The commissioner may revoke an awarded contract if an individual or a design-build firm identified in a response to an RFQ or RFP is replaced without the commissioner's written approval. To qualify for the commissioner's approval, the written request must document that the proposed replacement individual or design-build firm will be equal to or better than that described in the response to the RFQ or RFP. The commissioner shall use the criteria specified in the RFQ or RFP to evaluate the request.
History:
1Sp2001 c 8 art 3 s 8
2023 Minnesota Statutes › Chapters 160 - 174A — Transportation › Chapter 161 — Trunk Highways › Section 161.361 — Advance Funding For Trunk Highway Projects.

161.361 ADVANCE FUNDING FOR TRUNK HIGHWAY PROJECTS.
Subdivision 1.
Advance funding.
A road authority other than the commissioner may by agreement with the commissioner make advances from any available funds to the commissioner to expedite construction of all or part of a trunk highway. Money may be advanced under this section only for projects already included in the commissioner's ten-year highway work program. The total amount of annual repayment to road authorities under this subdivision must never exceed $10,000,000.
Subd. 1a.
Interregional corridors.
By agreement with the commissioner, a road authority other than the commissioner or two or more road authorities that have entered into a joint powers agreement under section 471.59 may make advances from any available funds to the commissioner to expedite development of an interregional transportation corridor, including funds for design consultants, for right-of-way purchases, for construction, or for other related expenditures. The total amount of annual repayment to road authorities under this subdivision must never exceed $10,000,000.
Subd. 1b.
Bottlenecks.
By agreement with the commissioner, a road authority other than the commissioner or two or more road authorities that have entered into a joint powers agreement under section 471.59 may make advances from any available funds to the commissioner to expedite bottleneck reduction, including funds for design consultants, for right-of-way purchases, for construction, or for other related expenditures. The total amount of annual repayment to road authorities under this subdivision must never exceed $10,000,000.
Subd. 2.
Repayment.
Subject to the availability of state money, the commissioner shall repay the amounts advanced under this section, up to the state's share of project costs, under terms of the agreement. The agreement may provide for payment of interest for funds advanced under subdivisions 1a and 1b at a rate of interest agreed upon by the parties.
History:
1991 c 298 art 4 s 4; 2002 c 364 s 6; 2003 c 112 art 2 s 50; 1Sp2005 c 6 art 3 s 7
2023 Minnesota Statutes › Chapters 160 - 174A — Transportation › Chapter 161 — Trunk Highways › Section 161.365 — Highway Contract Specifications; Minimum Wage.

161.365 HIGHWAY CONTRACT SPECIFICATIONS; MINIMUM WAGE.
All contracts for the construction, improvement or repair of a road or highway financed in whole or in part with federal funds and with respect to which the commissioner of transportation acts as the agent for a political subdivision of the state and is required to approve plans and specifications with respect thereto and to award such contract, the commissioner of transportation shall incorporate into the specifications a provision requiring the same wage rates for labor as is currently used by the state of Minnesota on state trunk highway projects other than interstate projects, for work in the same wage rate area. The provisions of this section shall not be applicable to contracts with any railroad or public utility for the alteration or relocation of any facilities of any such railroad or public utility when the work provided for in said contract is done by the regularly employed forces of said railroad or public utility.
History:
1965 c 368 s 1; 1976 c 166 s 7
2023 Minnesota Statutes › Chapters 160 - 174A — Transportation › Chapter 161 — Trunk Highways › Section 161.366 — Construction Contract; Taconite Relief Area.

161.366 CONSTRUCTION CONTRACT; TACONITE RELIEF AREA.
The commissioner of transportation, as a condition of awarding a transportation construction contract in the taconite tax relief area, may require the contractor to hire a certain percentage of workers for that contract whose principal place of residence is in the taconite tax relief area. Taconite tax relief area means the tax relief area defined in section 273.134.
History:
2001 c 213 s 7; 1Sp2001 c 8 art 2 s 23
2023 Minnesota Statutes › Chapters 160 - 174A — Transportation › Chapter 161 — Trunk Highways › Section 161.368 — Highway Contracts With Tribal Authorities.

161.368 HIGHWAY CONTRACTS WITH TRIBAL AUTHORITIES.
(a) On behalf of the state, the commissioner may enter into agreements with Indian tribal authorities for the purpose of providing maintenance, design, and construction to highways on tribal lands. These agreements may include (1) a provision for waiver of immunity from suit by a party to the contract on the part of the tribal authority with respect to any controversy arising out of the contract and (2) a provision conferring jurisdiction on state district courts to hear such a controversy.
(b) Notwithstanding section 161.32, for construction of highways on tribal lands in a reservation exempt from Public Law 83-280, the commissioner may: (1) award a preference for Indian-owned contractors to the same extent provided in the applicable Tribal Employment Rights Ordinance, but not to exceed ten percent; or (2) negotiate with the tribal authority and enter into an agreement for the tribal authority to award and administer the construction contract, with the commissioner providing funding for the state share of the project. If negotiating with the tribal authority, the commissioner must perform an independent cost estimate and determine that the cost proposed by the tribal authority is reasonable. An agreement negotiated with a tribal authority must include a clause requiring conformance with plans and specifications approved by the commissioner.
History:
1Sp2003 c 19 art 2 s 10; 2004 c 295 art 1 s 1; 1Sp2005 c 6 art 3 s 8; 2016 c 189 art 13 s 53
2023 Minnesota Statutes › Chapters 160 - 174A — Transportation › Chapter 161 — Trunk Highways › Section 161.369 — Indian Employment Preference.

161.369 INDIAN EMPLOYMENT PREFERENCE.
As authorized by United States Code, title 23, section 140, paragraph (d), the commissioner may implement an Indian employment preference for members of federally recognized Tribes on projects carried out under United States Code, title 23, on or near an Indian reservation. For purposes of this section, a project is near an Indian reservation if the project is within the distance a person seeking employment could reasonably be expected to commute to and from each workday. The commissioner, in consultation with federally recognized Minnesota Tribes, may determine when a project is near an Indian reservation.
History:
2023 c 68 art 5 s 8
2023 Minnesota Statutes › Chapters 160 - 174A — Transportation › Chapter 161 — Trunk Highways › Section 161.37 — Surplus Government Materials.

161.37 SURPLUS GOVERNMENT MATERIALS.
Subdivision 1.
Commissioner may accept.
The commissioner may accept from the federal government allotments to the state of excess materials suitable for road construction and maintenance purposes.
Subd. 2.
Costs incurred in obtaining materials.
Costs incurred in receiving, placing in use, delivering, or purchasing spare parts for excess materials shall be paid out of the trunk highway fund; provided that any expense so incurred in receiving, delivering, or purchasing spare parts for the material in behalf of any county shall be paid by the county, and payment received therefor shall be credited to the trunk highway fund.
History:
1959 c 500 art 2 s 37
2023 Minnesota Statutes › Chapters 160 - 174A — Transportation › Chapter 161 — Trunk Highways › Section 161.391 — Pavement Striping.

161.391 PAVEMENT STRIPING.
The commissioner of transportation may bill highway maintenance operating units of the department and local road authorities for the costs of a centrally managed, pavement marking program. These costs may include equipment acquisition and rental, labor, materials, and other costs as determined by the commissioner. Receipts must be credited to a special account, which is established in the trunk highway fund, and are appropriated to the commissioner to pay the costs for which the billings are made. Amounts credited to the account are exempt from statewide and agency indirect costs payments.
History:
1Sp2001 c 8 art 2 s 50
2023 Minnesota Statutes › Chapters 160 - 174A — Transportation › Chapter 161 — Trunk Highways › Section 161.40 — Joint Facilities With Division Of Emergency Management.

161.40 JOINT FACILITIES WITH DIVISION OF EMERGENCY MANAGEMENT.
The commissioner may enter into agreements with the state Division of Emergency Management to build, operate and maintain joint facilities in cases where the Division of Emergency Management contributes its proportionate financial share.
History:
1959 c 500 art 2 s 40; 1974 c 428 s 5; 1987 c 71 s 2
2023 Minnesota Statutes › Chapters 160 - 174A — Transportation › Chapter 161 — Trunk Highways › Section 161.41 — Surplus Property Not Needed For Highway Purposes.

161.41 SURPLUS PROPERTY NOT NEEDED FOR HIGHWAY PURPOSES.
Subdivision 1.
Commissioner may declare surplus.
The commissioner is authorized to declare as surplus any property acquired by the state for highway purposes, excluding land, which the commissioner determines to be no longer needed or necessary for state highway purposes.
Subd. 2.
Determination of value; disposition.
The commissioner shall administer all aspects of the disposition of property declared to be surplus under this section, including buildings used for trunk highway purposes. The commissioner shall first determine the value of the surplus property. The commissioner may then transfer the possession of the surplus property to any state agency or political subdivision of this state or to the United States government upon receipt of payment in an amount equal to the value of the surplus property.
The commissioner may also sell the surplus property under the competitive bidding provisions of chapter 16C if no state agency or political subdivision of this state offers to purchase the surplus property for its determined value.
Subd. 3.
Money credited to trunk highway fund.
The commissioner shall deposit all money received under this section with the commissioner of management and budget to be credited to the trunk highway fund.
Subd. 4.
Disposal of obsolete or unsafe buildings.
If the commissioner determines that the department is no longer using a building for trunk highway purposes or that the building is a safety or fire hazard, the commissioner may demolish the building.
History:
1959 c 500 art 2 s 41; 1982 c 617 s 4; 1989 c 209 art 2 s 1; 1998 c 386 art 2 s 64; 2003 c 112 art 2 s 50; 2009 c 101 art 2 s 109; 2023 c 68 art 5 s 9
2023 Minnesota Statutes › Chapters 160 - 174A — Transportation › Chapter 161 — Trunk Highways › Section 161.411 — Sale Of Surplus Earth Material.

161.411 SALE OF SURPLUS EARTH MATERIAL.
Whenever the plans for the construction of a trunk highway indicate that there will be a surplus of earth materials from the roadway excavation of such trunk highway, and a political subdivision or public agency of the state indicates that it has use for all or part of such surplus earth materials, the commissioner of transportation may enter into an agreement for the sale of such surplus materials on an equitable basis to such political subdivision or agency. Prior to such agreement the state in its proposal shall require a bid item reflecting either an increased or decreased cost to the state by reason of the proposed sale of such material. If such bid item indicates an increased cost to the state, the materials shall not be sold for less than such increased cost.
History:
1965 c 301 s 1; 1976 c 166 s 7
2023 Minnesota Statutes › Chapters 160 - 174A — Transportation › Chapter 161 — Trunk Highways › Section 161.42 — Leasing Or Sale Of Sounding And Testing Equipment.

161.42 LEASING OR SALE OF SOUNDING AND TESTING EQUIPMENT.
The commissioner may sell or lease to other road authorities sounding and testing equipment made by the Transportation Department. Such equipment shall be sold for not less than the cost to the department. All money received from the sale or leasing of the equipment shall be paid into the trunk highway fund.
History:
1959 c 500 art 2 s 42; 1976 c 166 s 7
2023 Minnesota Statutes › Chapters 160 - 174A — Transportation › Chapter 161 — Trunk Highways › Section 161.43 — Relinquishment Of Highway Easement.

161.43 RELINQUISHMENT OF HIGHWAY EASEMENT.
The commissioner of transportation may relinquish and quitclaim to the fee owner an easement or portion of an easement owned but no longer needed by the Transportation Department for trunk highway purposes, upon payment to the Transportation Department of an amount of money equal to the appraised current market value of the easement. If the fee owner refuses to pay the required amount, or if after diligent search the fee owner cannot be found, the commissioner may convey the easement to an agency or to a political subdivision of the state upon terms and conditions agreed upon, or the commissioner may acquire the fee title to the land underlying the easement in the manner provided in section 161.20, subdivision 2. After acquisition of the fee title, the lands may be sold to the highest responsible bidder upon three weeks' published notice of the sale in a newspaper or other periodical of general circulation in the county where the land is located. All bids may be rejected and new bids received upon like publication. If the lands remain unsold after being offered for sale to the highest bidder, the commissioner may retain the services of a licensed real estate broker to find a buyer. The sale price may be negotiated by the broker, but must not be less than 90 percent of the appraised market value as determined by the commissioner. The broker's fee must be established by prior agreement between the commissioner and the broker, and must not exceed ten percent of the sale price for sales of $10,000 or more. The broker's fee must be paid to the broker from the proceeds of the sale.
History:
1959 c 500 art 2 s 43; 1971 c 276 s 1; 1976 c 166 s 7; 1980 c 533 s 8; 1983 c 143 s 6; 1984 c 654 art 3 s 57
2023 Minnesota Statutes › Chapters 160 - 174A — Transportation › Chapter 161 — Trunk Highways › Section 161.431 — Leasing Of Highway Easement.

161.431 LEASING OF HIGHWAY EASEMENT.
The commissioner may lease to the fee owner for a fair rental rate and upon terms and conditions that the commissioner deems proper, an easement in real estate acquired for trunk highway purposes and not then needed for trunk highway purposes. If the fee owner refuses to lease or if after diligent search the fee owner cannot be found, the commissioner may lease the easement to an agency or to a political subdivision of the state on terms and conditions agreed upon, or the commissioner may lease the easement to the highest responsible bidder upon three weeks' published notice of the lease offering in a newspaper or other periodical of general circulation in the county where the easement is located. All bids may be rejected and new bids received upon like publication. All rents received from the lease must be paid into the state treasury. Seventy percent of any rent received is to be credited to the trunk highway fund. The remaining 30 percent is to be paid to the county treasurer of the county where the easement is located for distribution in the same manner as real estate taxes.
History:
1983 c 143 s 7
2023 Minnesota Statutes › Chapters 160 - 174A — Transportation › Chapter 161 — Trunk Highways › Section 161.433 — Use Of Highway Airspace And Subsurface.

161.433 USE OF HIGHWAY AIRSPACE AND SUBSURFACE.
Subdivision 1.
Lease or permit, conditions and restrictions.
The commissioner of transportation may lease or otherwise permit the use of the airspace above and subsurface area below the surface of the right-of-way of any trunk highway, including the surface of the right-of-way above and below the airspace or subsurface areas, where the land is owned in fee by the state for trunk highway purposes when the use will not impair or interfere with the use and safety of the highway. The lease, permit, or other agreement may contain such restrictive clauses as the commissioner deems necessary in the interest of safety and convenience of public travel and other highway purposes. No lease, permit, or other agreement shall be for a period in excess of 99 years. Vehicular access to such airspace, subsurface, or surface areas shall not be allowed directly from the highway where such access would violate the provisions of United States Code, title 23, or would interfere in any way with the free flow of traffic on the highway. Any lease, permit, or other agreement shall have the approval of the appropriate federal agency when required.
Subd. 2.
Consideration for use.
The consideration paid for the use of airspace or subsurface areas shall be determined by the commissioner, but in no event shall it be less than a fair rental rate, and shall include costs for the erection and maintenance of any facilities or other costs occasioned by that use. All moneys received shall be paid into the trunk highway fund. This subdivision does not apply to real estate leased for the purpose of providing commercial and public service advertising pursuant to agreements as provided in sections 160.272 to 160.276.
Subd. 3.
Application to certain provisions.
Laws 1967, chapter 214 shall not apply to or affect the rights and privileges referred to in sections 161.45 and 222.37.
History:
1967 c 214 s 1,2,5; 1976 c 166 s 7; 1980 c 494 s 7; 1980 c 533 s 9; 2004 c 295 art 2 s 12,15; 2005 c 69 art 3 s 17
2023 Minnesota Statutes › Chapters 160 - 174A — Transportation › Chapter 161 — Trunk Highways › Section 161.434 — Interstate And Trunk Highway Rights-of-way; Limited Use.

161.434 INTERSTATE AND TRUNK HIGHWAY RIGHTS-OF-WAY; LIMITED USE.
The commissioner may also make such arrangements and agreements as the commissioner deems necessary in the public interest for the limited use of land owned as interstate or trunk highway right-of-way, which use shall be for highway purposes, including aesthetic purposes, but not including the erection of permanent buildings, except buildings or structures erected for the purpose of providing information to travelers through commercial and public service advertising pursuant to agreements as provided in sections 160.272 to 160.276. The commissioner shall secure the approval of the appropriate federal agency where such approval is required.
History:
1967 c 659 s 1; 1969 c 482 s 1; 1980 c 494 s 8; 1986 c 444; 2004 c 295 art 2 s 13,15
2023 Minnesota Statutes › Chapters 160 - 174A — Transportation › Chapter 161 — Trunk Highways › Section 161.441 — Land Acquisition Agreement With Others.

161.441 LAND ACQUISITION AGREEMENT WITH OTHERS.
Subdivision 1.
Authority.
Whenever the commissioner of transportation has knowledge that lands are being acquired, or are about to be acquired, by a political subdivision of the state, another state agency, or other governmental authority including but not limited to bodies corporate such as public housing authorities created by statute, and determines that a portion of such lands to be acquired, or lands contiguous thereto, are needed presently or in the future for trunk highway purposes, the commissioner may, on deeming it to be in the best interests of the state, enter into land acquisition agreements, as hereinafter provided, with such political subdivision, state agency, or governmental authority. Power is hereby conferred upon the commissioner of transportation, and upon political subdivisions, state agencies, and governmental authorities to enter into, and carry out to final conclusion in accordance with the terms thereof, such land acquisition agreements, each with the other, for the purpose of acquiring lands for their particular public purpose.
Subd. 2.
Contents.
The agreement shall set forth, among other matters, the purposes for which the lands are acquired and the portions to be used for each particular public purpose; the method of acquisition, whether by purchase, eminent domain proceedings, or a combination thereof; the agency, political subdivision, or governmental authority, or combination thereof, charged with the responsibility of carrying out the acquisition; and the division of the costs of such lands, including acquisition costs, building clearance costs, and all other costs that may be incurred in acquiring such lands.
Subd. 3.
Costs.
The costs to be borne by the trunk highway fund shall be as provided in such agreements.
History:
1965 c 529 s 1-3; 1976 c 166 s 7; 1986 c 444