(A) The city holds easements or similar rights in trust for the public to protect platted rights-of-way that have not been formally opened as streets. The city has not accepted maintenance responsibility for unopened streets; as far as the city is concerned, they are unimproved property within the contemplation of M.S. § 466.03, subd. 6b, as it may be amended from time to time. The city disclaims any responsibility for or liability arising from any condition or use of any unopened street.
(B) The owner of the servient estate (i.e., the land burdened by the easement), if any, may maintain the property considered an unopened street. If there is no servient estate, the owner of the adjacent property may maintain the property on the near side of the centerline of an unopened street. The owners may conduct basic maintenance without permits but must obtain permits for more extensive projects. In no case is a property owner entitled to reimbursement from the city for any costs incurred in maintaining any unopened street.
(C) No obstructions shall be placed in any unopened street except with an obstruction permit issued pursuant to the city’s right-of-way management ordinance. No excavation shall occur in any unopened street except with an excavation permit issued pursuant to the city’s right-of-way management ordinance. The city may direct that any unpermitted obstructions in any unopened street be removed at any time.
(Ord. 204, passed 12-18-2018)