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MAT: Town Law Review - Shared screen with speaker view
Troy Gilchrist
Thank you all! Jason and I will take a look at our emails and respond to any other questions that may have been sent.
Is ownership of mineral rights necessary for fee title?
Troy Gilchrist
When a town vacates a road easement it does not sell or convey the vacated area. The board just acts to vacate its easement.
Troy Gilchrist
A road does not need to be recorded to be a town road. The "6 year law" indicates a town obtains a prescriptive easement if the town has used and maintained land as a road for at least 6 continuous years. Though keep in mind that just because the road was used and maintained regularly 60 years ago does not mean it is still a road or that you can spend money on it (i.e., 25 yr law and 40 yr law).
Troy Gilchrist
As to the loss of a platted road, I argue the no amount of nonuse causes a town to lose a platted road. There are some cases that support that position. There are a lot of old platted roads that serve as access to lots and are needed that has resulted in them being treated differently than a road in the country that is now grown up with trees and doesn't provide access to property.
Troy Gilchrist
As to the question about needing to record roads, that is just one way to stop the operation of the 40 yr law. However, in most cases the town is regularly maintaining and using the road, which means it is being kept "in possession" and so the 40 yr law would not apply. In short, you don't have to keep recording roads every 40 years on actively used and maintained roads.
Jared Mevissen Cotton Township Supervisor
if they couldn't put in a dock were they still being taxed for lakeshore property?
Leslie Rosedahl
All: if you’re just joining us - the presentations can all be found on the MAT website here:
Leslie Rosedahl
Marian Appelt
You say that the presesntations are available but I don't see any of them on this page
Leslie Rosedahl
Thanks - they are links in red font on the page, “view presentation slides”
Leslie Rosedahl
You may need to click on the “Town Law Review” tab.
Marian Appelt
I did click on the tab and there is no red links on the page
mary munn
so can a cartway be established to "create" an easement?
Mary V. - Idun Township Clerk
Marian - once I refreshed my screen the red links appeared! Thanks, Leslie!!
mary munn
if so, what complications could arise?
Marian Appelt
I did the same and now have them. thanks
Ken can you discuss authority for a Township to remove trees that have grown in the right of way over time but does not incumber the road's use?
Katy Holland
I have the same question as Doug
Kathy Wahlgren
Yes, also tree question as Doug and can township bill landowners if they intentionally planted the trees within road right of way?
Steve Fenske
To Jared, whether a person has lakeshore property is not related to whether the person has the right to put a dock on the lake. The owner could try to claim that the value of his property was lower, but that's a decision for the county auditor and town board.
Steve Fenske
HI Mary, a cartway creates an easement, but a cartway is available only when a parcel is landlocked and qualifies for the cartway. So don't think of a cartway as a town power to provide an easement - the cartway is a landowner power to get access and the town has a duty to administer that process if the statute requires a cartway be provided.
Steve Fenske
HI Doug, Towns have power to remove trees in the right of way subject to Minn. Stat. 160.22, which provides a special township section on this issue. We have a written resource on tree removal here: https://mntownships.org/download/2104/