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In re Cartway Petition July 9.2Ol2 Page 2 of 9 Homeowners Association's response to In Re the Petition of Adam C. Johnson for the Establishment ofa Cartwayfor the JuEy 9, 2012 hearing upon the petition. 11 Legal Authority of City to Establish a Cartway is Limited to Creation of Public Roads In 2006. the Minnesota legislature significantly curtailed Minnesota Cities' authority to establish cartways by enacting Minn. Stat. §117.012, which states: "Su bdiviSionlPreennption. Notwithstanding any other provision of law, including any charter provision, ordinance, statute, or special |axv, all condemning authorities, including home rule charter cities and all other political subdivisions of the state. must exercise the power of eminent domain in accordance with the provisions of this chapter, including all procedures, definitions, remedies, and limitations. Additional procedures, remedies, or Eimitations that do nat deny or diminish the substantive and procedural rights and protections of owners under this chapter may be provided by other law, ordinance, or charter. Subd. 2.Requirement of pubtic use or public purpose. Eminent domain may only be used for a public use or public purpose. Subd. 3.Exce This chapter does not apply to the taking of property under laws relating to drainage or to town roads when those laws themselves expressly provide for the taking and specifically prescribe the procedure. The taking of property for a project undertaken by a watershed district under chapter 103D or for a project undertaken by a drainage authority under chapter 103E may be carried out under the procedure provided by those chapters. Minn. Stat. §ll7I12 (emphasis added[ The authority to create a cartvvay is an exercise of eminent domain authority. Silver v. Ridgeway, 733 N.VV.2d 165, 169 (Minn. Ct. App. 2007). This authority refers to the inherent power of the government to take privately-owned property and convert it to public use, provided that the landowner is compensated. Id. This conclusion is supported by caselaw holding that establishment ofacartxvay creates a public road and therefore does not violate the constitutional prohibition against taking private property for a private use. Id. Based on the foregoing relatively recently-enacted law, Cities in Minnesota are now precluded from taking private property from one landowner for the purpose of establishing cartways for the private benefit of another property owner. Minn. StaL § 177.012. subd. 2. In Light of Minn. Stat. § 117.012's preemptive Language, Minn. Stat. §435.]7 now only provides