Hess family asks Fergus Falls to restore easement they say left their Pebble Lake parcel landlocked

Terry Hess, speaking for her mother’s estate, asked the Fergus Falls City Council on Dec. 10 to reinstate a vacated access easement to a 4.1-acre lakeshore parcel at 20561 County Highway 29 that she said was cut off after a 2005 vacation of a public way.

Hess said the former railroad right-of-way became the Lakes Country Trail and that the family has not been able to secure a crossing. “Our property right now does not have any access,” Hess said, adding that the lack of legal access restricts sale, development and routine maintenance.

Hess told council members she had included maps showing the original easement and the present landlocked condition and requested that the petition be placed on the next available council agenda.

Council members asked questions about whether the family had notice or signed off on the 2005 vacation and whether an alternate crossing across the trail or annexation into the city could restore access. One council member noted the parcel’s wetlands and native prairie would complicate any new route. Staff said legal counsel would be asked to review whether the 2005 action deprived the property of “reasonable access” under Minnesota law.

The mayor and other council members emphasized they could not provide a definitive remedy that night and asked staff (legal and planning) to evaluate options — including reinstating an easement, negotiating a crossing, annexation procedures, or, if access cannot be restored, the possibility of just compensation under Minnesota constitutional takings law. No formal council vote on reinstatement or compensation was taken during the meeting.

The family asked to be notified when the item returns to a council agenda and left copies of maps for staff. The council directed staff to research the 2005 vacation and report back to the council and the family.