27 December 2007
Minnesota Appeals Court Affirms Acquisition of Railroad Land for Trail
Granite Fall Minnesota USA - The city of Granite Falls,
Minn., can use eminent domain to acquire property alongside a railroad line to develop a recreational trail, the Minnesota Court of
Appeals has ruled, according to local newspaper reports. In an opinion published 24 Dec 2007, a three-judge
panel affirmed a decision made by District Judge Paul Nelson of Montevideo, Minn., one year ago that allows the city to acquire
property alongside the Twin Cities & Western Railroad for a proposed 8.2-mile recreational trail from Granite Falls to
Wegdahl.
The city intends to turn the property over to the Minnesota Department of Natural Resources. It will develop and maintain it as a part
of the Minnesota River Valley Recreational Trail. It will connect with an existing paved trail that joins Montevideo and Wegdahl.
Three railroads - the Twin Cities & Western Railroad, BNSF, and Canadian Pacific Railway - had appealed the District Court's order.
The railroads argued that the city could not use eminent domain to acquire property and turn it over to the Minnesota DNR, since the
state agency does not have the power of eminent domain. The railroads also asserted that the city had not met the requirements of the
state's eminent domain law by failing to negotiate for the purchase of the property. Both of the railroad's arguments were rejected.
The court also pointed to engineering studies conducted for the city showing that the trail could be safely developed alongside the
railroad right of way.
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