When A Neighbor Tries To Block You From Your Own Property

26/ “YOU HAVE A RIGHT TO ACCESS TO YOUR OWN PROPERTY”:  In the bluff country of Waseca County, John Kennedy bought a tract of undeveloped land that was cut off from any public road by surrounding neighbors or cliffs.  As was his right, Kennedy asked the township to approve a cartway to cross a neighbor’s land to connect a part of his property to a public road. Kennedy’s land included five acres of buildable land atop the bluff and 21 acres of cliff land sloping down to Highway 61. 

This dispute arose because of a faling out between Kennedy and the owner of the Pepin Heights Orchard.  Until 2000, the orchard owner had allowed Kennedy to use a private road through the orchard to the five bluff-top acres for picnic and camping purposes.  After that, Kennedy needed to seek a cartway.

One alternative was to simply carve a turn-off from the bottom of the cliff on Highway 61 to the bottom of Kennedy’s property.  But state regulations barred Kennedy from building a driveway from Highway 61 to the bluff top.  A second alternative was a $100,000 improvement of the private road used by the orchard.  A third alternative was a $300,000 new cartway that skirted the orchard property.

The Township approved the first route and was upheld by the district court.  The Court of Appeals reversed and directed he township to adopt the second alternative.  The Supreme Court majority directed the Township to adopt the second alternative unless it determines that the third alternative route will be less disruptive and damaging to neighbors and that the alternative route is in the public’s best interest.

Chief Justice Gildea joined Justice Anderson’s separate opinion that the Township should have been free to choose between the second and third alternatives, depending on which choice will be less disruptive and damaging to neighbors and that the alternative route is in the public’s best interest.


READ THE FULL CASE DECISION: 

John Kennedy, Respondent, vs. Pepin Township of Wabasha County, Appellant.

July 15, 2010                       2010-086-084    

https://mn.gov/law-library-stat/archive/supct/1007/OPA081921-0715.pdf