pf_01575 - Laserfiche WebLink

Home

Mr. David Drown Roseville ERWIN A. PEIRRSON ROBERT C. BELL WILLARD L. CONVERSE ROGER A. JENSEN KURT Ir. WALTHER W. TIMOTHY MALCHOW MARTIN J. COSTELLO DAVID S. ANDERSON JAME$ C. ERICKSON WILLIAM M. DRINANE PAM6LA J CONVERSE LAW OFFICES OF PETERSON. BELL & CONVERSE 2100 AMERICAN NATIONAL BANK BUILDING 101 EAST FIFTH STREET ST. PAUL. MINNESOTA 55101 (612) 224-4703 April 17, 1985 Mr. Thomas H. Borman NIASLON, i::DEL.VAly, 3ORMiAN d- 13RAND Attorneys at Law 1800 Niidwest Plaza Minneapolis, INZIrinesota 55402 Re: Tanurb Developments, Inc./City of Roseville Our File Nlo. %113-1714 Dear Tom: You have cxpressed some concern with regard to the casements the "At}, of Roseville will maintain over portions of your client's land in the L'ity of Roseville. Tt1e concern deals with the ('ity's obligation to return the surfa:.e} area to the condition it was in Lefore any niaintenancer or other work was clone by the City. If the i,Ity does work in an casement area requiring the disturbance of the surface: area, the City considers it its obligation to return the surface to the same condition as It was In prior to the .e,ork being clone. That obligation is consistent %vith `linnesota law•which is generally described as the "reasonable" use standard. By virtue of a numl,,er of cases starting with Bruns v. Williams, 142 Minn. 473, 172 iN 177i (1919.1, through Giles v. Luker, 2.15 ;Vinn. 256, ° NW2d 716 (1943), and '%AInnearpalis Athle•iic 'ALIb V. Colder, 287 Vinn. 254, 1.77 Nt/2d 786 (1970), a city's right to use an easement area is limlted to a "reasonable use." The City of Roseville considers such "reasonable use" to require completing %vrrk in the easement area promptly and, further, the turning back of the surfac- area of the easement to the property owner in the same condition It was found before, the work iegan. I an -I aware of no circumstance In Roseville where a property owner has complained' that City crews have failed to complete work promptly or have failed to return an easement area to the owner in as good a shape as the property was In prior to the ccmrnenc---m^-.^t of vhc work. T`, City has a number of shopping centers similar to your client's and, in most of those shopping centers, the City maintains utility easements similar to the ones which ,v.ill br- running across your client's property. o