GRANITE FALLS -- The city of Granite Falls can use eminent domain to acquire property alongside a railroad line to develop a recreational trail, the Minnesota Court of Appeals has ruled.
In an opinion published Dec. 24, a three-judge panel affirmed a decision made by District Judge Paul Nelson of Montevideo one year ago, allowing 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, Burlington Northern Santa Fe Railway Company and Soo Line Railroad Company -- 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.
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Both of the railroad's arguments were rejected in an opinion authored by Judge Christopher Dietzen. He was joined by Justice Bruce Willis and retired Justice Doris Ohlsen Huspeni, who is serving by special appointment.
The appeals court found that the city had "substantially complied'' with the requirements of the condemnation law by having obtained appraisals of the property and petitioning for the condemnation.
The city had not negotiated for the purchase of the property as also required. However, the court noted that the city had provided "unrefuted evidence that efforts to voluntarily acquire the property would have been futile.''
The court also stated that it could discern no legislative intent to prohibit the DNR from acquiring lands from other entities to develop recreational trails.
The city has the right to acquire lands through eminent domain for a public purpose, stated the court. It affirmed the District Court ruling that the trail served a public use or purpose.
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.
The ruling puts the matter back to District Court, where the two parties must now resolve the damages or value of the property, according to Attorney Kevin Stroup of Marshall, who has represented the city in the case.
Granite Falls Mayor Dave Smiglewski said the ruling is an important one for the city, which is eager to see the trail developed. The Minnesota River Valley Trail is part of the infrastructure needed to build a growing tourism economy in the region and provide the recreational amenities to attract and keep residents, he said.
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Smiglewski added that the city has worked with an engineering firm and remains convinced that a trail can be developed that is safe for its users and will not negatively impact railroad operations.
