§ 103D.821 — Bridge or Grade Removal; Passage of Equipment
Plain-Language Summary
When watershed district equipment needs to pass through a bridge or road, managers must give 20 days notice to the bridge or road owner. The watershed district pays the cost of temporarily removing and replacing the structure. If the owner refuses to allow passage, the managers can remove the structure themselves, and the owner is liable for any delay damages.
103D.821 BRIDGE OR GRADE REMOVAL; PASSAGE OF EQUIPMENT.
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Subdivision 1.Notice.
If it is necessary to pass a dredge or other equipment through a bridge or grade of a highway or railroad owned by a corporation, county, town, or municipality, the managers shall give notice to the owner of the bridge or grade by 20 days before the removal so the bridge or grade may be removed temporarily to allow the passage of the equipment, or an agreement may be immediately entered into to allow the passage. §
Subd. 2.Cost paid by watershed district.
The owner of the bridge or grade shall keep an itemized account of the cost of removal and if necessary, of replacing of the bridge or grade. The actual cost must be paid by the watershed district. §
Subd. 3.Managers may remove bridge or grade.
If the owner of the bridge or grade refuses to provide for the passage of the equipment, the managers may remove the bridge or grade at the expense of the watershed district, interrupting traffic in the least degree consistent with good work and without delay or unnecessary damage. §
Subd. 4.Owners liable for delay.
If the managers are prevented from moving the equipment, the owner of the bridge or grade is liable for the damages resulting from the delay.
History:
History: History:
1990 c 391 art 4 s 67