01-14-1991 Council Packet - Laserfiche WebLink

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Ffion ‘iPLi ^zz e;:'- fe N - P'(-«•- Itl- 1: r r'fe ■ - ii:Ki r . , r»» 1 : ? i:; Th« Minn®*ota Const-i tut ion provides, •♦Private property nh.-nn not be taken, destroyed or damaged for public use without juot cowpensotion therefor, first paid or secured." Minn, Coii. Ait. 1, 513. By definition, if a person does not have a property interest In the land to be taken, no taking can occur. In the present action, when Mr. Wear filed the plat with tlie City of Orono he donated and dedicated to the publir for public use £Qif^ver the road easements as shown on the plat. As such, Mr. w©at holds no property interest upon which he can base hla claim for a taking. The City of Otono Is only exercising its rights over the •aeefflont which it had previously obtained. That Mr. Wear is having second thoughts about the conveyance bo the City of Orono is immaterial. "The law is clear that after acceptance by the public a dedication is irrevocable by the act of the dedicator, and the public acquires vested rights by such dedication which can only be divested with its consent or by opecaLion of law." Plynn v. aelgel, 102 N.W,2d 284, 292 (Minn. 19C0) • In the present action, the City of Orono has not manifested an JnUent bo divesb itself of its easemwiit lights. To the contrary. the City of Orono is attempting to exerciae its rights by Q0ne^£uetlng a public road over the easement dedicated to It In tJv Rolling Neadowa Second Addition plat 4. The City qt Qmnff hsi diitgr^Llan when to open a road and when to muiertake meintRAROCR.Oi.jlL^Oa4 Once a plat la filed with the City, the City is entitled t«j ell lende dedicated to It pursuant to the plat. Dedication of land to a public entity does not reguire the public entity to set In an espeil 11 imis SMniiet to oeotuise itti eaaementa.