St. Louis County approves $1,700 in damages for cartway to reach landlocked parcel; county seeks reimbursement for costs

At a St. Louis County Board of Commissioners meeting in Proctor, commissioners approved damages totaling $1,700 to compensate two property owners whose land will be crossed by a cartway to provide legal access to a landlocked Gulbrandsen parcel.

The county’s right-of-way agent, Steve Kneefel, told the board appraiser Dawn Cole valued the land in the area at about $2,300 per acre and determined the cartway would occupy less than a quarter acre. Cole’s limited appraisal attributed $1,600 in damages to the Miller parcel — including about $1,500 for a handful of trees — and $100 in land value damages to the Rivard parcel.

Kneefel said the appraisal team reviewed whether the small taking would affect an existing sustainable forestry plan on the larger Miller tract and concluded the cartway "would have no effect on their forest management plan," after consulting Minnesota Department of Natural Resources staff. Kneefel recommended the board adopt the appraisal’s damage figures.

Petitioners, represented by attorney Jake Sonesifer of Johnson, Killeen & Seiler, said they generally agreed with the county’s presentation but had requested a larger total. Affected landowners presented additional requests: the Millers asked the board to consider $7,650 in total damages that included $2,500 for a timber tax consultant and roughly $3,500 plus a $50 filing fee for an updated forest management plan. Landowner Yvonne Rivard told the board she had received little contact from the petitioner and said a single $100 payment felt like "a slap in the face," adding, "You're gonna hand me a $100 for a piece of your property? You're gonna be happy with that? No." (Yvonne Rivard, affected landowner.)

Deputy Administrator Pelosi and county staff recommended limiting damages to the appraisal figures, noting DNR staff told county appraisers the small 33-by-33-foot taking likely had an "insignificant" effect on the forest management plan, and that the Millers’ plan was in year nine of a 10-year cycle. Pelosi said the board could consider prorating any longer-term plan costs if it wished, but did not recommend the additional professional-services items.

Commissioner Nelson moved to adopt the county-recommended damage amounts: $1,600 for the Miller parcel and $100 for the Rivard parcel, and to include county costs. Commissioner Boyle seconded the motion. The board also approved a county invoice for costs incurred in the petition process — staff time, survey and appraisal — totaling $10,894.61; those costs will be charged to the petitioner.

The motion passed 6-0. The board’s action included findings and an order consistent with Minnesota statute requiring the board to establish legal access to landlocked parcels, and the petitioner is responsible for both the damages paid to property owners and the county’s costs.