The latest fight is over whether township voters can choose to maintain only the first quarter-mile of the half-mile road to the Crisman home. In an opinion filed last month, Kanabec County District Judge Stoney Hiljus ruled that Minnesota law doesn't allow township voters to selectively maintain only portions of their roads.
"The ruling in the Hillman Township case has statewide impact, and MAT will seek permission to file a friend of the court brief in the appeal," the association said in a statement. "Hundreds of townships have short sections of road that have been unused and abandoned for decades. The ruling in the Hillman Township case fails to follow established precedent and strips voters of that power, compelling the town to open a road even though there is not public interest in doing so. It amounts to the taxpayers providing some landowners with a new driveway."
The Crismans bought their 120-acre property in 2013 and moved there from the Twin Cities in 2017. The land had long been unoccupied, and the township hadn't been plowing or grading the road all the way to the Crismans' land.
After they moved in, the Crismans came to a town meeting and asked the township to maintain the road all the way to their place. Residents at the meeting voted it down. But a township supervisor told the Crismans that if they spent their own money to repair the road, they could come back for another vote and perhaps get a different outcome.
The second vote never happened. Instead, the Crismans sued, leading to the decision the township is now fighting.
As things stand now, the judge's decision applies only to Hillman Township, Jewel added. By appealing the decision, the township risks an unfavorable ruling that would apply statewide.
"By filing an appeal, the township is running the risk that the appellate courts may very well side with … the Crisman family, who have been unfairly targeted by this board," she said. "They would be better off simply obeying Judge Hiljus' order so that it is just narrowly limited to Hillman Township."
An earlier ruling by Hiljus had gone against the Crismans, but they asked the judge to reconsider based on a legal point that hadn't been clearly decided. He then reversed himself, ruling in their favor.
Hornet Street goes north about a quarter mile then there is a driveway to a farm on the east. Past that Hornet continues north for another half mile, ending where a driveway goes off to the west where I assume the Crismans live. I wonder if the street had been maintained to the first driveway. In most states any land for a public road is deeded over to the government with a legal right of way, so I wonder who owns Hornet Street?
ReplyDeletewhen I read the article yesterday, I found that the township owns the first 1/4 mile at a minimum. I see the judge found that the township was responsible for it's maintenance, so, he seems to agree. I suppose though, that you'll have to come to your own conclusion by reading the article I linked at the bottom of my post.
DeleteIt's sorta long, so I only had posted the parts I wanted for the impact they make, that fleshes out the point I made in the title of the post.
"the township hadn't been plowing or grading the road all the way to the Crismans' land." infers that the township had been plowing or grading the road some distance... and I think it said in the article that the township had been maintaining the first 1/4 mile
DeleteI believe the article mentioned that the road was public use until the length where more than one family used it ended, and at the point where only one family used it, the township believes that it's a private road.
DeleteThere are some really weird road ownership situations out there. I happen to own a street in Keizer, Oregon. Shady Place NE. There are four houses on the road, I don't own any of them. I have a deed for the road, I don't get taxed on it, and to be honest I'm not sure if I own the pavement.....but the road is a separate tax lot and the deed for that road is in my name. It was listed in the local Penny Saver ads years ago, so I bought it for $100. There is no easement or right-of-way listed on the deed. I figure one day I'll give it to someone as a gift or maybe stick it on eBay in case there's someone out there who'd like to own a road. Or maybe I'll install a toll booth.
DeleteCan I be first in line to offer to buy it from you if / when? I think owning a road, would be both useless, and very car guy centric.
DeleteThat you own a road is the coolest thing I've read this month! And I read a lot of stuff!
You're lucky Bob, my township has taken about a half to three quarters of an acre (the surveyors tell me) for road improvements and I'm still paying taxes on it.
ReplyDelete