Subdivision 1. Road authority. A road authority may solicit or accept proposals from and enter into development agreements with private operators for developing, financing, designing, constructing, improving, rehabilitating, owning, and operating toll facilities wholly or partly within the road authority's jurisdiction. If a road authority solicits toll facility proposals, it must publish a notice of solicitation in the State Register.
Subd. 2. Private operators. Private operators are authorized to develop, finance, design, construct, improve, rehabilitate, own, and operate toll facilities subject to the terms of sections 160.84 to 160.92. Private operators may mortgage, grant security interests in, and pledge their interests in: (1) toll facilities and their components; (2) development, lease, management, toll concessions, and other related agreements; and (3) income, profits, and proceeds of the toll facility.
Subd. 3. Approval. No road authority and private operator may execute a development agreement without the approval of the final agreement by the commissioner. A road authority and private operator in the metropolitan area must obtain the approvals required in sections 161.162 to 161.167 and 473.166. Except as otherwise provided in sections 161.162 to 161.167, the governing body of a county or municipality through which a facility passes may veto the project within 30 days of approval by the commissioner.
Subd. 3a. Information meeting. Before approving or denying a development agreement, the commissioner shall hold a public information meeting in any municipality or county in which any portion of the proposed toll facility runs. The commissioner shall determine the time and place of the information meeting.
Subd. 4. Development agreement. (a) A development agreement for toll facilities may provide for any mode of ownership or operation approved by the road authority, including ownership by the private operator with or without reversion of title, operation of the facilities under leases or management contracts, toll concessions, or BOT or BTO facilities.
(b) A development agreement may permit the private operator to assemble funds from any available source and to incorporate an existing road or highway, bridge, and approach structures, and related improvements, into the toll facility. The agreement must provide the terms and conditions of the incorporation.
(c) A development agreement may include grants of title, easements, rights-of-way, and leasehold estates necessary to the toll facility.
(d) A development agreement may authorize the private operator to charge variable rate tolls based on time of day, vehicle characteristics, or other factors approved by the road authority.
(e) A development agreement may provide for maintenance, snow removal, and police standards that exceed the standards of the road authority for facilities of the same functional classification.
(f) A development agreement may include authorization by the road authority to the private operator to exercise powers possessed by the road authority for similar facilities.
Subd. 5. Right-of-way acquisition. A private operator may acquire right-of-way by donation, lease, or purchase. A road authority may acquire right-of-way by eminent domain and may donate, sell, or lease a right-of-way to a private operator.
Subd. 6. Restriction. No toll facility may be used for any purpose other than the purposes specified in the development agreement for the term of the agreement.
Subd. 7. Toll facility acquired by road authority. A development agreement that requires transfer or reversion of a toll facility to a road authority must provide the terms and conditions of the transfer or reversion. The facility shall meet at least the maintenance standards of the road authority for facilities of the same functional classification during the term of the agreement.
Subd. 8. Application of other law. A private operator must have environmental, navigational, design, or safety approvals as if the toll facility were constructed or operated by a road authority.
1993 c 211 s 2; 1996 c 455 art 3 s 3; 2001 c 191 s 1
Structure Minnesota Statutes
Chapters 160 - 174A — Transportation
Chapter 160 — Roads, General Provisions
Section 160.01 — Scope Of Chapters 160 To 165.
Section 160.03 — Compensation For Public Property.
Section 160.04 — Width Of Roads.
Section 160.05 — Dedication Of Roads.
Section 160.06 — Trail Or Portage Dedication.
Section 160.07 — Improvements Within Or Without Boundaries.
Section 160.08 — Controlled Access.
Section 160.085 — Recording Proposed Acquisition For Road.
Section 160.09 — Change Or Vacation Of Local Road.
Section 160.095 — Designation Of Minimum-maintenance Roads.
Section 160.10 — Roads On Mineral Lands.
Section 160.11 — Materials For Building Roads.
Section 160.12 — Temporary Roads Around Construction.
Section 160.13 — Lighting And Marking Highways.
Section 160.14 — Marking Boundaries Of Highways.
Section 160.15 — Preserving Section Or Quarter-section Corners.
Section 160.16 — Warning Signs And Detour Signs.
Section 160.165 — Mitigating Transportation Project Impacts On Business.
Section 160.17 — Road Construction Contracts; Counties And Towns.
Section 160.18 — Access To Roads; Approaches.
Section 160.19 — Drainage Ditch Crossing Railroad Right-of-way.
Section 160.201 — Public Road Ditches.
Section 160.21 — Snow Removal.
Section 160.215 — Snow Removal; Salt And Chemicals Restricted.
Section 160.23 — Destruction Of Noxious Weeds.
Section 160.232 — Mowing Ditches Outside Cities.
Section 160.235 — Traffic Signal Timing Optimization.
Section 160.24 — Logging Railroads Across Highways.
Section 160.25 — Tunnels Under Highways.
Section 160.26 — Moving Buildings Over Highways.
Section 160.263 — Bicycle Lanes, Routes, And Paths.
Section 160.264 — Replacing Bikeways And Pedestrian Ways.
Section 160.266 — State Bicycle Routes.
Section 160.27 — Particular Uses Of Right-of-way; Misdemeanors.
Section 160.2715 — Right-of-way Use; Misdemeanors.
Section 160.272 — Safety Rest Area And Travel Information Center Leases.
Section 160.2721 — Commercial Vehicle Drivers At Rest Areas.
Section 160.2725 — Sales At Safety Rest Areas.
Section 160.273 — Vending Machines.
Section 160.2735 — Sponsorship Of Safety Rest Areas.
Section 160.274 — Sale Of Surplus Rest Area Property.
Section 160.2745 — Safety Rest Area Account.
Section 160.2755 — Prohibited Activities At Rest Areas.
Section 160.276 — Travel Information Advertising Program.
Section 160.28 — Plans For Public Travel Facilities.
Section 160.281 — Tourist Information Center In South Dakota.
Section 160.282 — Public Travel Facilities.
Section 160.283 — Resort Information Signs; Purpose.
Section 160.284 — Resort Signs; Design And Manufacture.
Section 160.285 — Resort Signs; County Participation.
Section 160.29 — Vacation Of Public Ways By Municipality.
Section 160.292 — Information Signs For Specific Services; Definitions.
Section 160.293 — Specific Service Signs; Intended Use.
Section 160.294 — Specific Service Sign Details.
Section 160.295 — Criteria For Specific Service Signs.
Section 160.296 — Specific Service Signs; Administration; Rules.
Section 160.297 — Other Sign Laws.
Section 160.298 — Highway Sign Program; Billing, Account, Appropriation.
Section 160.80 — Sign Franchise Program.
Section 160.801 — Highway Sponsorship Program.
Section 160.81 — Highways In Scenic Areas.
Section 160.83 — Rustic Roads Program.
Section 160.845 — Restrictions On Toll Facility.
Section 160.85 — Authority For Toll Facility.
Section 160.86 — Toll Facility Development Agreement; Requirements.
Section 160.87 — Toll Facility Cost Recovery.
Section 160.88 — Public Toll Facilities.
Section 160.89 — Toll Facility Revenue Bonds.
Section 160.90 — Law Enforcement On Toll Facilities.
Section 160.91 — Joint Authority Over Toll Facility.
Section 160.92 — Toll Facility Replacement Projects.
Section 160.93 — User Fees; High-occupancy Vehicle And Dynamic Shoulder Lanes.
Section 160.98 — Prohibition On Road And Bridge Privatization.