3. Peterson QuestionsQuestions
1) Why would a local government agency do complete maintenance on a
private driveway for 6 or more consecutive years then abandon it?
2) The Right of Way mapping for the former Gilbertson private driveway is
very unreliable in and inconsistent. Is it an assumption or mistake?
3) If the former Gilbertson private driveway is a Public Municipal road, why
wasn’t it paved in 2004 with the rest of Meadowbrook Avenue North?
4) If the former Gilbertson private driveway was maintained year-round for 6
or more consecutive years when did this happen, where did this happen
and where is sufficient proof of the consecutive maintenance?
5) A local government authority cannot vacate what they do not own or have
not established a public interest. Why are we proposing to use vacation
proceedings for a non-public private driveway? Is public interest created or
established by mapping errors?
6) The Marketable Title Act MN Statutes 541.023 States within 40 years after
any right, claim, interest, incumbrance, lien, event or transaction affecting
real estate is established it must be recorded in the county recorder’s office
in the county in which real estate is situated. If not, it shall be disregarded
under the provisions of this statute. Was this public roadway ever properly
recorded?