8.2. SR 01-19-2016 - Laserfiche WebLink

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Peter J. Beck January 18, 2016 Page 2 e. Cedar Street, now Vernon Avenue, adjacent to Lake Orono has never been vacated. The petition to vacate Vernon Avenue in 2005 was that portion Louth of Main Street and not north of Main Street. See a copy of the Map of Orono attached Chris Leeseberg's staff report, in seven separate paragraphs, refers to the fact that York Avenue provides the only public lake access on the east side of Lake Orono. This is not correct. Vernon Avenue also abuts Lake Orono and has not been vacated. Ownership and License Agreement. The law in the State of Minnesota is clear that the adjacent owners own the fee title to the centerline of an abutting street. A property owner is presumed to own to the centerline of an abutting street. See In Re Robbins, 34 Minn. 99, 24 N.W. 356 (1885). The title of the owner of land extends to the center of a street or highway abutting thereon, and includes all trees, sand, gravel and other appurtenances situated or being upon or within the same, subject to the general public's right to take and use any thereof as may be necessary in the improvement of the highway for public use. Town of Rost vs. O'Connor, 145 Minn. 81, 176 N.W. 166 (1920). A municipality can choose its own time to occupy, open and use a street dedicated by plat, and until it does so, possession by abutting landowners would not be regarded as hostile for the purpose of acquiring title by adverse possession and the statute of limitation would not commence to run. Village of Newport vs. Taylor, 225 Minn. 299, 30 N.W.2d 588 (1948). When a street is dedicated by plat, a city may choose its own time to occupy, open, and use the street; until the city does so, such property may be used by the abutting owners; such use is not regarded as hostile and will not operate as abandonment of a public street by the city. Village of Medford v. Wilson, 304 Minn, 250, 230 N.W.2d 428 (1975). Fee owners of a street are not required to enter into a license agreement with the government in order to use their property which is not being used for street purposes. City Ordinances I have never seen a city ordinance requiring that a driveway be at least 5 feet from a property line.