Agenda - Council - 06/10/2008 - Laserfiche WebLink

Home

Memo To: Ramsey City Council From William K. Goodrich, Ramsey City Attorney CC: Kurds G. Ulrich, City Administrator Re: John Enstrom/Public Utilities Date: June 10, 2008 Randall and, Goodrich, P.L.C. At the City Council's meeting on May 27, 2008, resident John Enstrom brought to the Council's attention certain difficulties he has encountered with private utility companies who own utility easements across or under his property (PIN #s 05- 32 -25 -24 -0001 and 05- 72- 25- 23- 0001). In a brief review of Mr. Enstrom's propertyrecords, it appears the easements are in favor of Excel Energy for an electrical transmission line and Northern Natural Gas Company for a natural gas pipeline: The easements were acquired by the utility companies from the then property owners sometime ago and prior to Mr. Enstrom's acquisition of his property. It appears the easements were acquired by the utility companies through direct negotiation as opposed to eminent domain. The City was not a part of these transactions. Mr. Enstrom would be advised to review the easement documents and make a determination if the public utilities are fulfilling their contractual obligation to him as the proper owner for use of the easement rights on his property. The City does, by Section 4.10 of the City Code, regulate private utilities in their use of Public Right- of-Way. However, we do not regulate private utilities in the acquisition and maintenance of private easements. The Minnesota Public Utilities Act regulates privately owned utilities which are known as public utilities. It may be that our City Charter could be amended to grant authority to the City to regulate public utilities in the use of their private easements. However, this memo is not addressing that issue. Council is asked to please advise if you would like legal research and an opinion on that subject. ( 11