Public or Private?

One of the most often asked questions by both seasonal and permanent residents in Crow Wing County is "Who is responsible for maintaining my road"?  The second most asked question could likely be: "...and when are they going to do something about it"?  There are probably few other areas of government service that generate more confusion and misunderstanding by the user public.

In simple terms, existing roads are always privately owned and maintained unless they have been both dedicated to the public for public use and properly accepted and recorded by the local road authority (the city or town).

Dedicated to the public means that the owner of the road either through the platting process or by other legal means has "given" the road to the general public for it's use forever, through a recorded easement or other approved method.  This simply means that any person may drive, walk or travel upon that roadway at any time without fear of trespass.  The road may remain the "property" of the landowner who dedicated it, but it can now be used by the general public at any time without further permission.

Accepted by the local road authority means that by proper procedure, the local unit of government has:
1.  Been presented with documentation that the road has been dedicated to the public through either an easement or by other means such as a transfer of title to the land,
---and that---
2.  The unit of government has agreed to accept the road for public use in it's existing condition and must record the road as a public road with the county.

Many landowners are under the mistaken belief that the road leading to their property is a "public road" because other landowners also use the roadway to gain access their property.  In that case there likely is a "prescriptive easement" in effect over the full width of the landowner's road for use by the other property owners.  This easement can also be a recorded easement which was agreed to by the landowners at some time in the past, perhaps for a small one-time fee.  In some cases, the owner of the road may also collect a maintenance fee from the approved users.
 

Who Maintains My Road?

Cities and Towns do not maintain roads within their boundaries unless those roads are "Public Roads" which have been properly dedicated, accepted and recorded as such by the appropriate governmental unit.  This maintenance may consist of grading, ditching, brushing, crack filling, snow plowing and striping.  Although rarely done, a city or town may, by petition, maintain a private road and charge the landowner or users for that service.  Towns and cities retain the right to refuse to perform this service unless it is "in the public interest" and usually will require the petitioner to demonstrate that public need before agreeing to perform the maintenance.

In the absence of the preceding, any and all maintenance required to keep the road passable is performed by either the users of the road or by the owner of the land on which the road is located.  Usually, this maintenance is not as comprehensive as that which a city or town would perform on the road if it were in public use and ownership.  In cases where multiple property owners are dependent on a particular road for access to their property, the user who performs maintenance on the road may, under certain circumstances, by statute, be entitled to collect an appropriate amount from each of the other users who do not perform that maintenance.  Shared costs paid by all users is the fairest way to pay for maintenance of a private road.

Access to Property.

An important issue for all property owners to consider is that of sufficient access to their property over the existing road.  The three lake Cullen chain is served by no less than three different Fire Departments. 

You MUST provide a roadway to your property wide and high enough for the passage of fire fighting equipment and sufficiently cleared of snow for Fire Fighters to access your buildings.

Wide enough means no less than 12 feet (20 is better) clear of brush, trees and other side and overhead obstacles. The cleared height of the road must be no less than 12 feet.  Cleared of snow means plowed to the same 12 foot width.  You should also know the terms in your insurance policy which may allow your company to refuse to pay you for fire damage if you do not provide an acceptable road access to your property!
 

New Street Addresses!

This year, even if your buildings are on a "private road", you will soon have a street address assigned to you and posted at your property by Crow Wing County.  This is a part of the new E-911 emergency response system here in the county.  After your street address is assigned to you and the e-911 system is operational, PLEASE use only that new address to summon emergency equipment and personnel to your property.  Fire numbers, which have been used up until now by emergecy responders, will be phased out shortly after the new e-911 system is fully implemented.  Please direct any questions regarding this new system to your local unit of government.