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Thomas M. Sweeney <br />George F. Borer <br />Patrick J. Sweeney <br />Robin D. Toomey <br />Michael J. Budka <br />Sweeney, Borer & Sweeney <br />Professional Association <br />Attorneys at Law <br />Suite 1200 <br />386 North Wabasha Street <br />St. Paul, Minnesota 55102 <br />June 21, 2000 <br />VIA FACSIMILE AND U.S. MAIL <br />T�(r. <br />Joel R. Hanson <br />City Administrator <br />515 Little Canada Road <br />Little Canada, MN 55117 <br />RECEIVED Ji <br />Telephone <br />(651) 222-2541 <br />Facsimile <br />(651) 223-5289 <br />Re: Local Control of Future Right-of-Way <br />Our File No. 9481 <br />Dear Joel: <br />We are aware of two methods of designation of future right -of -way that appear to <br />establish notice of the public's interest in the proposed right -of -way. <br />M.S. §462.359, entitled "Procedure for plan effectuation; official maps ", a copy of which <br />is enclosed, relates to identification on official maps of land needed for future public uses. <br />M.S. §462.359, Subd. 2, provides that after the planning agency has adopted a major <br />thoroughfare plan, it may "recommend to the governing body a proposed official map covering <br />the entire municipality or any portion thereof ", which shall show sufficient detail to establish <br />future acquisition lines which "shall be attested to by a licensed land surveyor." The major <br />thoroughfare plan is a component of the "transportation plan" as defined in M.S. §462.352, Subd. <br />7. "Official map" is defined in M.S. §462.352, Subd. 10. <br />M.S. §462.359, Subd. 3 provides that the adoption and filing of "an official map does not <br />give the municipality any right, title, or interest in areas identified for public purposes thereon, <br />but the adoption of the map does authorize the municipality to acquire such interests without <br />paying compensation for buildings or structures erected in such areas without a permit or in <br />violation of the conditions of a permit." <br />M.S. §432.359, Subd. 4 provides, in the event the board of appeals and adjustments <br />authorizes the issuance of a permit after the appropriate appeal, the governing body "shall have <br />six months from the date of the decision of the board to institute proceedings to acquire such <br />and or interest therein ..." <br />