10-12-77 Meeting Attachment - Laserfiche WebLink

Home Browse Search

___ � uuc PL tmises That part of the SE4 of Section 311 Township 0 lying northeasterly of Interstate Hi wa ( 43 ., Range 22 westerly of Twin Lake and northerlyy 9 and south - Northern Railway right -Of -way the Burlington Northernas follows; and southeasterly of a line south commencing at a point on the north - Quarter section line and 1864 feet south from the northweE t corner of said SSE,I; thence south 64040' east 115 feet; thence north 690521 east 1105 feet; thence o 280381 east 150 feet to the beginning s uth described; thence north 052= g � °f the line to be east 590 feet, more of less to the shore of Twin Lake it is hereby requested that the City of Little Canada their premises. The power of the Minnesota Statutes 412.221 and 429City Council to o open a public street to . Pen a street is under Both the Constitution of the State of Minnesota and Statutes that private land may not be taken in eminent domain for hold ever,. as early as 1912 in the case of Mueller v. 02e Sua private use. How - of CouY'tland, reported in 117 Minn. Reports, page 2 o Supervisors of the Town Minnesota Supreme Court specifically held the fact hatla5 r W. �9 ' the to be constructed solely for the proposed public road from the premises of a single landowner, of furnishing ingress and egress � , and is to be located entirely the premises of another, did not violate this constitutional PrAhibition. The Court stated at Page 295. and statutory "On the other hand, when a road like the one in question - regarded from the public's vie Q is mere immediate convenience thereof to tihtewould seem that the benefited thz•eb Yas distinguished Person most directly � nguished from the public at large, is not conclusive of its character, so as to render the ttaking aOfianonst its public thereof a talon fora mother s property has an interest in too pmany twausetofre or the public undoubtedly Y cite in ha v 0 , v1. access � r to each and everyone of the members thereof." - �n SEP 2=- 1977 CLERK'S EXHIBIT N0. 12 i MEETING. 10.. 12-77 CITY i,;.- JJTTLE CANAQ