Laserfiche WebLink
755 N,W.2d 1, *1; 2008 Minn, LEXIS 417. **1 <br />Governments > Local Governments > Property <br />Real Property Law > > Transfer Not By Decd > Dedication > General Overview <br />Pap 2 of 6 <br />HN2 Construing a prior version of Mimi, Sky. 505.01, the Supreme Court of Minnesota has stated that the legal effect <br />of a plat dedication is a conveyance in trust to the municipality of a terminable easement only, in any area designated in <br />the plat for public use, and the fee title thereto remains in the dedicator, subject to the easement. <br />Governments > Public Improvements > Bridges & Roads <br />Real Property Lttw > Encumbrances > Adjoining Landowners > General Overview <br />Real Property Law > Estates > Present Estates > Fee Simple Estates <br />HN3 As to the ownership of the underlying fee interest, any abutting landowner owns to the middle of the platted street <br />or alley and that the soil and its appurtenances, within the limits of such street or alley, belong to the owner in fee, subject <br />only to the right of the public to use or remove the same for the purpose of improvement. <br />Governments > Local Governments > Property <br />Real Property Law > > Transfer Not By Deed > Dedication > General Overview <br />HN4 When a street is dedicated by plat, a city may choose its own time to occupy, open, and use the street. <br />Governments > Local Govermnenis > Police Power <br />HN5 In matters of municipal concern, home rule cities have all the legislative power possessed by the legislature of the <br />state, save as such power is expressly or impliedly withheld. The Duluth, Minnesota, City Charter grants the City all <br />powers, functions, rights and privileges usually exercised by, or which are incidental to, or inhere in, municipal corporations <br />of like power and degree and all municipal power, functions, rights, privileges and immunities of every name and nature <br />whatsoever. Duluth, Minn., City Charter, ch. I, § L <br />Governments > Local Governments > Ordinances & Regulations <br />Governments > Public Improvements > Bridges & Roads <br />Real Property Law > Encumbrances > Adjoining Landowners > General Overview <br />HN6 See Duluth, Minn., City Charter, ch. XIII, § 100(d). <br />Governments > Loeal Governments > Ordinances & Regulations <br />Governments > Public Improvements > Bridges & Roads <br />HN7 See Duluth, Minn., Ordinance No. 7055, § I. <br />Governments > Local Governments > Ordinances & Regulations <br />HN8 Ordinances are presumed to he valid, and are not to be set aside by the courts unless their invalidity is clear. <br />Governments > Public Improvements > Bridges & Roads <br />Real Property Law > > Transfer Not By Deed > Dedication > General Overview <br />HAT Minnesota law is clear that the public has a property interest in platted streets that are undeveloped. Minn. Star. § <br />subtl. I (Supp. 2007). <br />Governments > Public improvements > Bridges & Roads <br />Real Property Law > > Transfer Not By Deed > Dedication > General Overview <br />MARTIN NORDER <br />