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r• <br />AUG <br />MEMORANDUM f f I �,l T f <br />uU <br />TO: Mark Bernhardson, City Administrator <br />City of Orono <br />FROM: Thomas J. Barrett, City Attorney <br />RE: City of Orono - LF 3643-091 <br />Regulation of the Use of Private Property <br />DATE: July 21, 1989 <br />---------------------------------------------------- <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 />appropriate easements. Further, the City can likely <br />compel such access under M.S.A. S 412.221, subd. 2 as it <br />was interpreted by the Minnesota Supreme Court in Borchert <br />v. Village of North Oaks, 254 Minn. 32, 117 N.W.2d 39—' 6 <br />2 . <br />DISCUSSION 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 />public passage on a private road by asserting its <br />rights to the platted easement. <br />Under the terms of easements granted it, the City of Orono <br />may be able to assert that it has a right to open the private <br />roads 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 of the City. <br />