ADVERTISEMENT

ADVERTISEMENT

Cass County Board: Cartway, easement opens up landlocked property

LEECH LAKE TOWNSHIP -- Cass County Board voted Tuesday, Aug. 20, to establish a 33-foot wide cartway across property owned by David and Samantha Nikkel and to grant a 33-foot easement across county-managed tax-forfeited property in Unorganized Township.

It now becomes a road open to the public, but any improvements to open it will be at the expense of the petitioners Mark and Tim Dorholt, who sought a road access to their landlocked acreage.

The Dorholts first petitioned the county for an easement across the tax-forfeited land in May 2015, but to reach a county road, they also needed a right of way across land owned by the Nikkels.

The Dorholts then filed a cartway petition in June 2016 to seek the needed access along the Nikkels’ property line.

In March 2017, the county board voted to establish a cartway along a section line. That placed half of the cartway, or 16.5 feet, along the edge of the Nikkel and tax-forfeited properties, with the other half across the section line on property owned by Blandin.

ADVERTISEMENT

Blandin earlier had placed its land in a conservation easement with the state of Minnesota. In subsequent court hearings, the courts ruled the Blandin property conservation easement prevented the county from having authority to grant a cartway or easement across any portion of it.

After a variety of court rulings and county board actions, the district court ruled July 30 the county must grant a 33-foot cartway entirely on the Nikkel property and a full 33-foot easement on the tax-forfeited property, with none being on Blandin property.

Among actions the county board took between 2017 and 2019, the board awarded $1,000 to the Nikkels and $500 to the county from an escrow account the county required from the Dorholts.

The final court disposition calls for the county to pay the Nikkels an additional $1,000 for their loss of land to the cartway and to pay $1,000 to the county land department as tax-forfeited land manager.

The remaining $1,623.12 in the escrow account will be refunded to the Dorholts. Any person wishing to appeal a damage award has 40 days from July 30 to file their appeal with the court.

Related Topics: GOVERNMENT AND POLITICS
What To Read Next
Who are the people being held in custody in Aitkin, Beltrami, Cass, Clearwater, Crow Wing, Hubbard, Itasca, Mille Lacs, Morrison, Todd, and Wadena counties?
Fundraising is underway to move the giant ball of twine from the Highland, Wisconsin, home of creator James Frank Kotera, who died last month at age 75, 44 years after starting the big ball.
Inmates in-custody in the Mille Lacs County jail in Milaca, Minnesota
Inmates in-custody in the Hubbard County jail in Park Rapids, Minnesota