10-28-1985 Council Packet - Laserfiche WebLink

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and Duluth R. Co., 43 Minn. 104 , 42 N.W. 596 Minn. (1890). In this case the predecessor railroad of the St. Paul and Duluth Railroad Company had condemned land which included the shoreline of the Bay of St. Louis. Land owners cutoff from the Bay sued to prevent the construction of the railroad. The Court concluded as follows: "We deem it unnecessary to decide whether the interest appropriated by the condemnation proceedings was the whole estate in fee simple, or only an easement. We will assume that it was only an easement. The Corporation acquired the right to the exclusive and perpetual use, for railroad purposes, of the premises which were the subject of the proceedings. Until in some manner the riparian rights should be severed from the riparian estate, they would remain properly incident and appurtenant thereto." id. at 121. In the situation at ;land, the original 1902 plat of North Shore Cottage Acres stated "we hereby donate and dedicate to the public use forever all the streets and roads hereon shown." The public thereby acquired the riclht to the exclusive and perpetual use, for public road purposes, of the Ferndale Road easement. At the time of this dedication, the plat shows that the shoreline of Parcel B was within the Ferndale Road easement. Consequently, Parcel B has no shoreline, no riparian right to dockage, and does not meet the qualifications for an authorized dock area set forth in the LMCD Code. City Easement As noted above, the Ferndale Road easement over Parcel B is occupied by the paved portion of Ferndale Road up to a distance of 8-1/2 feet of the shoreline of Lake Minnetonka. The City Public -8-