WALKER - It may take a meeting of state highway and pollution control officials with county officials and two landowners to resolve the issue Cecil Martin brought to the Cass County Board on Tuesday.
That was the consensus of the board after Martin explained the situation.
Martin, Eden Prairie, said he sold a salvage yard business and land several years ago along Highway 371 north of Pine River to Jim Kopachek, who has fully paid for the transaction.
The sale included leaving an easement for Martin to adjacent property that he owns.
Martin now has a buyer for the adjacent property, but he said Kopachek has been storing junk vehicles on MnDOT highway right-of-way property, blocking Martin's access to his easement and the future buyer's access to the property. The easement has been surveyed, but the marker stakes have been removed, Martin said.
He sees Kopachek's actions as violations of the county's junkyard ordinance.
County Planner Paul Fairbanks said Minnesota Pollution Control Agency has received information and has a pending investigation into reports that Kopachek has not drained oil and other fluids from junk vehicles before crushing them for transport to recycle centers.
Fairbanks said Martin's easement is clearly defined.
Though Martin received a July 2007 letter from MnDOT officials saying they would monitor the site and enforce removal of items from their right of way, Martin showed the board photos he took Tuesday morning that showed multiple junk cars on what appeared to be the highway right of way.
MnDOT suggested in that 2007 letter contacting local law enforcement to have vehicles removed. However, since the vehicles are on state property, not his property or easement, Martin said he does not believe he has authority to ask law enforcement to remove them.
Violation of the county's junkyard ordinance is a misdemeanor.
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