Laserfiche WebLink
The DNR has reviewed the proposed vacation of Lake Street abutting the public <br /> waters of Lake Minnetonka in the City of Orono, and we oppose the proposed <br /> action for the following reasons: <br /> The information provided by the city does not directly address the standard <br /> established in M.S. 412.851 for vacation of city streets on public waters that <br /> "No vacation shall be made unless it appears in the interest of the public to <br /> do so..." <br /> In the assessment of the DNR, the vacation as proposed is not in the public <br /> interest, and would provide no apparent public benefits. The Minnesota <br /> Supreme Court decision Application of Baldwin, 15 N.W.2d 184 (Minn. 1944) <br /> provides an example of a similar vacation that was overturned. <br /> The unvacated right of way provides present and potential future access to <br /> public waters, even if it is not so currently used as such. We do not advocate <br /> any kind of development or `improvement' of the right of way, but as it stands <br /> in an undeveloped public state, it could serve for walk in canoe, kayak, shore <br /> fishing access, and undeveloped shoreline habitat. <br /> We cannot anticipate what needs may exist for public access on this stretch <br /> of Lake Minnetonka shoreline in 100 years, but once this valuable land <br /> leaves public ownership, it is likely gone for good. <br /> These DNR comments do not in any way preclude the City of Orono from <br /> proceeding with the proposed street vacation. <br /> Thank you for the opportunity to comment on the proposed vacation in the City of <br /> Orono. Paul Purman, DNR Parks and Trails, currently plans to attend the public <br /> hearing. If you have any questions, please contact Trina Zieman at 651-259-5792 <br /> or by email at trina.zieman(a�state.mn.us. In addition, I would appreciate if you <br /> would please send the results of the city's action, once this issue has been decided. <br /> Sincerely, <br /> � <br /> Keith Parker _ <br /> Central Region Director <br /> cc: Trina Zieman, Division of Lands and Minerals <br /> Jennifer Narveson, Division of Lands and Minerals <br /> Paul Purman, Division of Parks and Trails <br />