07/09/2012 Council Packet - Laserfiche WebLink

Home Search

In re [artvvayPetidon July B.ZOl2 Page 3 of 9 the City of Lino Lakes authority to establish a cartway for public use or purpose. In this context, converting the private road into a public road. Given that the City of Lino Lakes has already made a finding in its March 26, 2012 Resolution that lilt is the Council's intention to retain private ownership o[ that driveway. It is not in the public's interest to expend public Funds on the cartway or to make the cartway into a public road", the consideration of this Petitioner necessarily must end here. Unless this taking is for a public use or purpose, as of the 2006 law change, it 5 precluded by Law. Minn. Stat §717.012.subd. 2. If the Cfty chooses to take the property for public use or purpose, pursuant to Minn. Stat. §ll7. 12, subd. 1, the City must follow all procedures naquinedunder80inn.Sta1.[hapter 117. Among those procedures is that the City must make an offer to the Landovvners, supported by an appraisal, and negotiate prior to commencing the taking. Minn. Stat. § 117.036. Such an offer has not yet been made, but must be to establish a baseline against which to compare any ultimate award for the purposes of an award of attorneys fees and costs to the landowners. Minn. Stat. § 117.031. Additionally, the landowners must be reimbursed their appraisal fees up to $5.000.00. Minn. Stat. § 117.036, subd. Z. /|/' Consideration of Creating PublicCartmvay City councils have been granted statutory authority by the legislature to establish public cartxvays. Minn.Stat. § 435.37; Minn. Stat. § 117.012. Any landowner whose land is taken by the city to be converted into a public cartway must be justly compensated for any resulting damages. Slayton Gun Club v. Town Shetek, Murray County, 176 N.VV2d544.566 (Minn. 1970). However, the city is not ultimately responsible for paying damages. Id. The petitioner is responsible for the payment of all damages as a result of the taking of private property to establish a cartway. Id. Statutoriiy, city councils are afforded discretionary power to establish cartways that are at least two rods wide and not more than one-half mile in length. Minn. Stat. §4]5.]7. City councils are mandated to establish a cartway upon a petition if certain circumstances are present. Id. at, subd. 1(a). The threshotd statutory conditions necessitating the establishment of a cartway are two-fold: (1) the tract of land must contain at least five acres and (2) the petitioner must have no other access except over navigable waters or the lands of others. Horton x Township of Helen, G24N.VV2d59l.594(A8inn.[1. App. 2OU1).