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Miltona Township designates portion of cartway as private driveway for property owner, moves to vacate under state law
Summary
Miltona Township voted 3-0 to adopt Resolution 24-11 designating a portion of an unused cartway adjoining two parcels owned by Sherman Olson as a private driveway and expressing the township’s intent to vacate that portion under Minnesota Statutes §§164.07 and 164.08. The motion was made by Andy Anderson and seconded by Matt Kugler.
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Miltona Township’s board of supervisors voted on Oct. 7 to designate a segment of a public cartway bordering two parcels owned by Sherman Olson as a private driveway and to pursue vacation of that cartway under state statute. The board adopted Resolution 24-11 by a 3-0 vote; Andy Anderson moved the resolution and Matt Kugler seconded it.
The resolution states that the portion of cartway bordering Sherman Olson’s parcels (Parcel Identification Numbers 42-0538-000 and 42-0532-000) is unused and not maintained by the township for public benefit, and that the township therefore will designate that portion as a private driveway to allow Olson to begin construction of a private sewer system. The resolution cites Minnesota Statutes, Chapter 164.08 (designation of cartway as private driveway with appropriate consent) and Chapter 164.07 (process for vacating cartways) as authorizing law.
Resolution text included the township’s explicit finding that the cartway is unused and that designating it as private and pursuing vacation is reasonable to permit Olson to proceed with his intended private sewer work. The board recorded the vote as 3-0 in favor; the minutes show the motion carried following the second.
Next steps outlined in the minutes indicate the township will accept a formal application and follow the statutory process under Minn. Stat. §§164.07–164.08 to vacate the cartway, which typically involves notice to affected property owners and any required filings with the county. The written resolution is entered in the township record and the board’s action authorizes staff to proceed with the vacation process upon receipt of an appropriate application.
No public opposition to the resolution is recorded in the minutes. The meeting record does not list a timetable for final vacation nor the specific administrative steps the township will take beyond accepting an application and following statutory requirements.
The board adopted Resolution 24-11 on Oct. 7, 2024; the resolution and vote are recorded in the township minutes and the full resolution language is appended to the minutes.
