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<br />F,b-~-ICCl 15,51 <br /> <br />From-PETERSON FRAM BERGMAN <br /> <br />&Si1181TS3 <br /> <br />T-Cll P CC1/CCl F-ll1 <br /> <br />, <br /> <br />\Varfen E PeteTs0n <br />Ie-rome P FIlla <br />D;)r'ii~) Witt f-t"am <br />_Clenrl ^. l3t:r~m)1\ <br />ohnMichaC'1 Milkr <br />J ich.ad 1 ob!:rJc <br />SH':\io.::n H. BrunS' <br />pc1ul W. F-3hnlng <br />f:sthetf:: McGI(lni5 <br />(J-meroI15 M{'Lella"d <br /> <br />PEIERSCNJ-_ <br />!].=~~~:t~z.:~~..~QM.~ <br /> <br />Suite 100 <br />SO East Flflh Street <br />SI. P<Ju\, MN 5:i1Ql-IIV7 <br />11:151) 291-8QS,) <br />1(6Ij218-171),filC!;\imile <br /> <br />Dir<ct Di.1 #(651) 290-6907 <br /> <br />February 25, 2002 <br /> <br />Joe Lynch <br />City Administrator <br />City of Arden Hills <br />1245 West Highway 96 <br />Arden Hills MN 55112 <br /> <br />RE: Right-Of-Way Management Regulations <br />Under grounding of Utility Regulations <br />PF&B File No. 104 <br /> <br />Dear Joe: <br /> <br />e <br /> <br />Since my correspondence of February 6, 2002, I have spoken to a representative of the <br />League of Minnesota Cities and to a representative of the City Engineer's Association. Both <br />of those organizations were involved in the drafting of the model Right-of-Way <br />Management Ordinance which was adopted by the City of Arden Hills and most of the other <br />metropolitan area cities. <br /> <br />The model Ordinance was intended to apply to the use of local streets and was based upon <br />the enabling legislation contained in M.S. 237.162 and 237.163. State law defines right-of- <br />way in the following manner: <br /> <br />Public Right-of-Way. "Public Right-of-Way" means the area on, below, or <br />above the public roadway, highway, street, cart way, bicycle lane, and public <br />sidewalk in which the local government unit has an interest, including other <br />dedicated rights-of-way for travel purposes and utility easements of local <br />government units. Emphasis added. (M.S. 237.162, Subd. 3). <br /> <br />As used in state law, the term "in which the city has an interest" is interpreted to mean over <br />which the city has jurisdiction. The state definition ofright-of-way is essentially repeated <br />in the City's Right-Of-Way Management Regulations (City Code Section 360.03II). <br /> <br />. <br /> <br />'^L:i('Ar)~]il'r.r)INwlf.(ilN"'IJ'.I <br />