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TO: <br />FROM: <br />RE: <br />DATE; <br />0- <br />Citv of Orono - LF 3643-091 <br />Regulation of the Qse of Private Property <br />July 21, 1989 <br />ISSUE • • <br />May the City of Orono compel private owners to allow <br />public passage on a private road without making the road <br />public? <br />CONCLUSION <br />The City of Orono probably may compel private owners of a <br />road to open the road for use by the general public under <br />anoropriate easements. Further, the City can likely <br />coitiDei such access under M.S.A. S 412.221, subd. 2 as it <br />was"interpreted by the Minnesota Supreme Court in Borchert <br />Village of North Oaks, 254 Minn. 32, 117 N.W.2d 396 <br />(1962) . “ <br />DISCnSSION AND ANALYSIS <br />May the city of Orono compel private owners to allow <br />public passage on a private road without making the road <br />public? <br />A. The City of Orono may compel private owners to allow <br />pnhTig passage on a private road by asserting its <br />rights to the olatted easement. <br />Under the terms of easements granted it, the City of Orono <br />able to assert that it has a right to open the private <br />i-< to all homeowners who live on the private 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 Comprehensive Management Plan <br />(hereinafter "CMP") and the Transportation Plan Oi. the City.