I do not know what MN DOT actually says. In Iowa you have to get permission from the state DOT to mow the ditch hay. You also can not do it before certain dates because of nesting birds. In Iowa the adjoining land owner has the right of first refusal. In our county the DOT makes anyone wanting to mow the ditches in front of land that others own, get a written permission from them. This for everything that is not limited access four lane highways. I would go talk to the MN DOT in person and find out what is actually the law.
Had a fellow pull one on me like this years ago. We had mowed/made the hay on this one farm for years. We paid the landlord for 50% of the hay at market valve. We fertilized and limed the ground. We did all the work. It was very good farm ground but the land owner want the field in hay. Well one year a fellow came in and talked the land owner into a per acre rent. Selling the land owner on the steady income. The trouble is the "rent" was lower than what we had been paying. The fellow "renting" the hay field did not even own any livestock and had to rent or borrow hay equipment to make the hay. This was when hay was not very high in price. Just the whole deal was kind of fishy. The second year the renter plowed the field under telling the landlord that the hay stand was not good enough to bail anymore. So it was planted into row crops. The renter told this tail or another for four years before there was hay in the field again. The landlord figured out real quick that the fellow wanted crop land not hay ground. We have rented the ground for 18 or 19 years since then. We have a written contract that states we will only crop the ground one year out of five for rotation purposes. Everyone seems happy as the Grand daughter is now the owner and signed the last contract for ten years.
I made it a point to talk to every land owner that the fellow rented ground from. Within several years they all found him cheating on the spoken rental agreements. He only farms his Mother's place now. No one locally will rent to him.
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