< Public waters

Had a riparian parcel become "useless" to the public so that its dedication to public use was properly vacated?

Matter of Application of Leysen, 1998 WL 811543 (Minn. App. 1998)(Unpublished).

In 1964, a property owner dedicated lakefront property to public use as lake access. The current property owners moved to vacate the dedication so they could sell it to owners of adjacent property. The district court granted the motion to vacate, and the Department of Natural Resources (DNR) appealed the vacation.

The court of appeals first noted the language of the controlling statute, allowing dedication only on a finding that the property "is useless for the purpose for which it was laid out." Minn. Stat. ¤ 505.14 (1996). The district court found that the "size, location and condition" of the property "make it unlikely that it will ever be . . . used" for public purposes. The Court of Appeals, examining the record, found ample support for the district court's conclusion.

 

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