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Beltrami County board authorizes condemnation to clear century-old title issues for CSAH 20 reconstruction
Summary
The county board voted 3-2 to authorize use of eminent domain to clear unclear underlying fee title on parts of County State Aid Highway 20 right-of-way, a step officials say is needed to proceed with a road reconstruction and multi-use trail in the Northside Lake area.
Beltrami County Commissioners voted 3-2 to authorize seeking court-ordered condemnation to clear underlying fee-title issues on parcels needed for the County State Aid Highway (CSAH) 20 reconstruction and adjacent multi-use trail in the Northside Lake area.
Why it matters: County staff said title issues date to a 1920s relocation of the road; clearing title will remove a legal cloud that county engineers say has existed despite a century of public use and allowed permitting. Officials say clearing title is needed so the county can proceed with a long-planned reconstruction and multi-use trail.
County staff explained that during preparation of detailed construction plans staff discovered that some parcels along the south side of the centerline were never deeded to the county even though the road has been used and permitted for decades. Bruce (county staff presenting the item) told the board the county negotiated and obtained right-of-way from many landowners on the north side of the road but that several parcels on the south side remain under the name of an original developer. He said the preferred remedy is to acquire clear title through the courts and that the law firm of Ricky Noonan was suggested to represent the county in condemnation proceedings. As Bruce put it, the county wants to “clear up this right away, get it recorded properly for what we've been assuming that we've had for over 100 years.”
Commissioner Gould urged caution and said he had “never been a big fan of eminent domain and condemnation,” calling it “government overreach” and noting concerns about potential litigation and community opposition. Gould also asked that the county consider a separate public hearing to address comments and emails the board has received from Northern Township residents who said they felt left out of the process.
Board action and vote: Commissioner Winger moved to approve the condemnation authorization; Commissioner Carlson seconded. In the roll-call vote Commissioner Carlson voted yes, Commissioner Gould voted no, Commissioner Winger voted yes, Commissioner Sumner voted no, and the Board Chair voted yes; the resolution passed 3–2. Staff said the condemned parcels are associated with an original 1920s landowner/developer and that the court process will determine heirs and compensation where required.
Next steps: County staff will proceed with the condemnation paperwork and surveys and coordinate legal representation. Commissioners asking for additional public outreach or a separate hearing on community concerns may request that staff schedule further public engagement; the transcript shows members expressing desire for further outreach from Northern Township residents.
Authorities referenced in the discussion include the proposed condemnation resolution and the law firm advice; staff cited recorded plats and historical use as the factual basis for seeking clear title.
