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Mr. Neal Beets <br />October 11,2004 <br />Page 4 of 4 <br />function; that subjectin� its roadways to local regulation would subject it to a patchwork of <br />regulations that would �e a significant burden on its administration or roads; and, that it <br />occupies a superior pc��iLir�n in the governmental hierarchy. <br />We cannot spec�tlate on all the factors that a reviewing court would consider relevant or <br />the weight that would 1��e given to each factor. Therefore, we cannot predict with any certainty <br />the outcome of an effor� by the City to require Ramsey County to conforn� to the City's <br />nuisance ordinance. H�wever, we recommend that each circumstance involving lack of <br />maintenance of County right-of-way be considered on its own merits by reference to the above <br />balancing criteria. <br />Conclusions <br />L The City can require property owners to mow the grass all the way to the curb of streets <br />and roads on property t�ey own, The City cannot compel a property owner to maintain <br />property they do not ovy�n. <br />2. The City cannot require the State of Minnesota to mow the grass on property it owns <br />along roadways within ithe City, unless the State consents to do so. The City may be able to <br />require Ramsey County to mow the grass on property it own along roadways within the City, <br />so long as the interest of the City in enforcing such a regulation outweigh the interests of <br />Ramsey County. <br />Please contact u$ if you have further questions or concerns regarding this matter. <br />RRM: 66867 <br />� <br />Very truly yours, <br />�,I _�� <br />l <br />J��r `�', �� �aie�� <br />Scott 'I'. Anderson <br />Eric L. Hedtke <br />