6.10. - 6.13. SR 03-19-2001 - Laserfiche WebLink

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permitted use street intending to serve primarily as an access to abutting properties. (see MN Rule 6105.0190). You must "provide maximum protection and preservation of the natural environment and minimize any adverse effects which may result from such development.", "avoid wild. scenic, and recreational fiver land use districts whenever_ practicable.", "avoid steep slopes; and avoid scenic intrusion into stream valleys and open exposures of water and by avoiding ridge crests and high points.", "avoid wetlands and run along forests rather than through them". (see MN Rule 6105.0200). This proposed service drive would be a public use of lands within wild, scenic and recreational land use districts. Public use policy requires that "In order to protect the rights of private landowners, to ensure quietude, to prohibit trespassing, to prevent littering, and to maintain the essential quality of wild, scenic, and recreational rivers and their land use districts, the commissioner and local governments shall adopt measures to manage the use and enjoyment of the rivers and their land use districts by the public." "Private lands which may be located within the land use district do not become public in any sense." (see MN Rule 6105.0210, Subpart 1. and see similar language in 6105.0850). Access from highway 10 to our property is via a cartway established as a public highway 2 rods wide on the south side of the section line between section 2 and section 11. (see Final Town Road Order recorded as instrument no. 167593.). Minnesota Statutes 160.09 Change or Vacation of Local Road, Subd. 3. :"Not to be vacated in certain cases. When a county highway or town road is the only means of access to any property or properties containing an area or combined area of five acres or more, '~Rtt.t:l~h_~: road shall not be vacated without the consent of the property, owner unless other means o1' access are provided" Highway 10 is a controlled access highway. The State of Minnesota petitioned .the court to exercised its right of eminent domain to acquired an easement in and to lands described and for the purpose described. The court by an order appointed commissioners with powers and duties to exercise the discretion of the court. "In proper cases they may reserve to the owner a right of way or other privilege in and over the land taken, or attach reasonable conditions to such taking in addition to the damages given or they may make an alternative award, conditioned upon the granting or withholding of the right specified." (see MN Statutes 1998, 117.085 Commissioners, powers, duties.). "The Commissioners Supplemental Report herein recites, iter alia, as follows: "In making our awards as to all parcels, we have taken into consideration in fact that no service drives are to be constructed by the State; and if service drives shall become necessary in the future, due to platting of abutting lands, or for any other reasOn, the same shall be constructed and maintained by the owners of the abutting lands on their own property, and at their own expense; and that crossovers, giving access to both lanes of the highway shall be constructed by the State only as shown on the map hereto attached and made a part of this report, which cross-overs are to be located at the following points, designated by Eng/neer's Stations: "North Leg Station 155 / 70, to serve Parcels 9 and 10; North Leg Station 167 / 00, to serve Township Road; North Leg Station 174 / 35, to serve Parcel 11;