County says road, owner says private path

  • Article by: KEVIN GILES , Star Tribune
  • Updated: August 15, 2012 - 9:54 AM

Big Marine Lake landowner contends that Lomond Trail North never existed. The county says it's a public easement. Now a judge is involved in a dispute over a gate.

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mnmaggiemnAug. 4, 12 4:57 PM

Its his property. If he doesnt want others driving on it, that should be what happens.

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FrankLAug. 5, 12 9:44 PM

Poor guy, they want his land for a park,which means they will do everything in their power to make his life miserable. Now that he built a big lakeside house, he will only encourage the commissioners. They'll take the land, and the house will become a meeting center for government officials, no public allowed.

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KrskaAug. 6, 12 8:28 AM

If it is a road it should show on an Abstract or Deed. The road on my property does.

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startribggAug. 8, 12 9:55 AM

These easements and right of ways exist all over the state on most of the lakes. They were created to guarantee lake access to owners of adjacent non-lakeshore lands. It makes no difference if the access was ever paved or actively maintained by a governmental agency as long as they are in the underlying plat. There is no adverse possession on property that is deeded for public use. The DNR typically has jurisdiction on the water access point in the state. We just spent tens of thousands of dollars in attorney and court fees to get a small portion of one vacated to clear up an encroachment issue on property that has been in the family for 75 years. Property owners need get a copy of the recorded plat from the county and educate themselves on the location of these access easements and right of ways that may impact their property.

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rshacklefordAug. 8, 1211:54 PM

"startribgg: Property owners need get a copy of the recorded plat from the county and educate themselves on the location of these access easements and right of ways that may impact their property." ---- Naw. Getting the official plat obviously would have been counterproductive to him getting back at the guvmint for what he claims was done to his dad. It was not mentioned if his RV was towed when he blocked the public road. Next time, be sure to do so. Exactly where is this public road anyway? I have a big, loud, 4x4 vehicle to try out on it.

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rshacklefordAug. 9, 1212:07 AM

"Lemmons told the judge in the recent hearing that if a road ever existed, it was never maintained and should be considered abandoned." ---- Great idea there Lemmons! Get county plats online, type in the coordinates of easements and other publicly owned lands, and then use Google Earth to see if anything has been built on them. If an easement looks UNDEVELOPED, a private citizen can just claim it for themself because it has been ABANDONED. Nice argument. Hope your hourly fee is minimum wage.

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stpaulisbestAug. 9, 12 8:47 AM

Well, a look at the park's master plan certainly shows that they want this guy's land. But the Washington County GIS shows that there is no road across the property. 177th doesn't even touch his property. It borders a swamp (across which there is no road). Looking at the Washington County GIS and Google Maps you can see that the park has a huge boat ramp just to the south and a little west of this guy's property and looking at the park master plan you can see that the county does not want the easement, but rather wants to turn that area (owned by private properties) into a restored natural area. I think this is just what it seems to be. The county wants to build a park, but doesn't own the land. This guy doesn't want the park and he owns the land. It's about two conflicting sets of values. I guess I'd say that since the county will be around a lot longer than this homeowner it makes sense for the county to simply move slow on their dreams and wait until this guy or his heirs decide to move. No need for strongarm tactics.

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