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CCP 06-08-1987
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CCP 06-08-1987
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<br /> M E M 0 RAN DUM <br /> . This memorandum shall constitute the reasoning and additional <br /> findings of the Court. <br /> The parcel here in question has been put to use for highway <br /> purposes, even though the use may be in a different fashion <br /> than originally contemplated. <br /> The Court does not believe that Minn Stat 117.225 was <br /> intended to apply to a situation where the predominant use of a <br /> parcel has been put to the intended use even though it may be <br /> arguably claimed that within the parcel there amy be an area <br /> that could be put to a different use and over upon which it is <br /> unlikely that a vehicle may~ver pass. <br /> The Court finds in this case that the parcel's principal <br /> . use is for highway purposes and other uses that may be put to <br /> . <br /> the property are incidental thereto. <br /> Presumably the petitioners herein or their predecessors <br /> in interest were compensated for the easement that was taken <br /> from them and should have no reasonable expectation of recovery <br /> of the easement when it should be clear to them that a substantial <br /> portion of the easement has for many years been devoted to the <br /> purpose for which it was acquired. ., <br /> On the record herein it is not for this Court to be asked <br /> to subdivide the parcel in question, to locate utilities that <br /> are already in place or to substitute its judgment for that of <br /> the local officials in respect to the extent there is a need <br /> for snow storage or sight easements and the like. <br /> . <br /> ..r."2. f . 67 <br />
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