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■ <br />TO: <br />PROM: <br />RE: <br />DATE: <br />MEMORANDUM <br />Hark Barnhardson# City Administrator <br />City of Orono <br />Thomas J. Barrett, City Attorney <br />City of Orono - DF 3643-091 <br />Re9ulation of the Dse of Private Property <br />July 21, 1989 <br />P-< <br />ISSUE <br />Mav the City Of Orono compel private owners to allow <br />pSbuS passage on a private road without mating the road <br />public? <br />CONCLUSION <br />The City of Orono probably may compel private * <br />road to open the road for use by the general public under <br />appropriate easements. Further, the City can lik ^ <br />1 such acc®ss und6r M.SeA* S 412«221p subd. 2 ds lb <br />was'^interpreted’by the Minnesota Supreme Court in Borche^ <br />V. Villa<^e of North Oaks, 254 Minn, 32, 117 N.W.2d 396 <br />T1962). " <br />DISCUSSION AND ANALYSIS <br />Mav the city of Orono compel private owners to allow <br />pSbUc passage on a privaJe toad without baking the toad <br />public? <br />A. <br />^qhts to the platted easement. <br />□nder the terms ot easements <br />may be able to assert that it has a right to , <br />Mads to all homeowners who live on the road or to all <br />people who could be reasonably expected to use the roads. <br />The exercising of the easement rights by the City of Orono <br />is consistent with both the "S"?J®™rthrcity(hereinafter ’CMP") and the Transportation Plan of the City.