MLS 6538255
RICE County TAX Property ID XXQSE8
XXX 145th Street E

MLS 6538255 RICE County TAX Property ID XXQSE8 XXX 145th Street EMLS 6538255 RICE County TAX Property ID XXQSE8 XXX 145th Street EMLS 6538255 RICE County TAX Property ID XXQSE8 XXX 145th Street E

MLS 6538255
RICE County TAX Property ID XXQSE8
XXX 145th Street E

MLS 6538255 RICE County TAX Property ID XXQSE8 XXX 145th Street EMLS 6538255 RICE County TAX Property ID XXQSE8 XXX 145th Street EMLS 6538255 RICE County TAX Property ID XXQSE8 XXX 145th Street E
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  • Take time to investigate the issues. Property listed as:
  • MLS 6363363
  • MLS 6483973
  • MLS 6538255

Public road vs. private driveway

Cartway

Bridgewater Township gave the previous landowner a public road called a cartway. it was a terrible legal battle that cost the neighbors thousands of dollars to fight. 

It is a public road

The cartway is a public road - to the edge of the property. This means that anyone can drive down the cartway. Private property signs cannot be posted because it's not a private driveway. The cartway starts at 145th Street and ends at the edge of this property.

Can it be made private

After the cartway has been constructed the town board, or the county board in the case of unorganized territory, may by resolution designate the cartway as a private driveway with the written consent of the affected landowner in which case from the effective date of the resolution no town road and bridge funds shall be expended for maintenance of the driveway; provided that the cartway shall not be vacated without following the vacation proceedings established under section 164.07. The width of the current road must be expanded to 33' and the road brought up to public road standards. The cost to expand and bring the road to cartway standards will cost between $0.75 to $2.50 per square foot. This equates to $83,000 to $277,000. Estimate only..

What does affected landowner mean?

  

 If multiple affected landowners are involved, each one must provide written consent for the cartway to be designated as a private driveway. The statute uses the term “affected landowner” in the singular, but in practice, all landowners whose properties are adjacent to or rely on the cartway for access must agree to the designation. This ensures that all parties impacted by the change are in agreement. To further support this, maintenance costs are split between all landowners - not just the petitioner.  

     

      

Relevant information

 This property has a long and sad history of lawsuits between sellers and buyers due to misrepresentation of the land's characteristics. In the last situation, there was a years-long fight with five property owners. The farmer was forced to give up 33 feet of property to allow access to the property (called Emminent Domain). After the nearly 2 year legal fight, 10,000 sq. ft of trees were removed and a simple gravel road installed to entice you with the natural beauty and potential for a rural life. The cartway ends at the edge of the property. 

Emminent Domain: The power of a government to take private property for public use without the owner's consent, provided just compensation is given.

Contact Bridgewater Township for full set of public domain documents.

Ask for all documents related to the 3/22/22 Williams Cartway Petition. Review Exhibit 2 in detail.

1. Is there enough room for the required Emergency Vehicle Turn-around?

No. The engineering report concludes building an emergency turnaround will require substantial alteration of 0.3 acres of the sloped wooded area.  Severe erosion potential would exist in this area should vegetation be removed.

 

2. Are you sure there is not enough room?

Yes. The image to the right shows the overlay of 100' diameter required to build a 45' pad. The green circle shows a basic idea of how much space is needed for the turn-around.

3. How do the setback requirements affect buildable area?

A 70' setback from the field is required. A 30' setback is required from the slope of the hill to the south. The property stakes are located at the Bluff line, which would represent the buildable area. There is a drainage outlet next to the buildable section.

Rice County Setback Link

Zoning description: Agriculture on listing, 2B Rural Vacant Land/non-productive - Non-Homestead

Rice County Agricultural Zoning Information

4. Is there any concern about drainage because the North side field is sloped toward building site?

 Yes, that is why there is a drainage system that drains directly into the property.

6. What are the driveway standards to build a residential property? Are there any concerns about the driveway being at the bottom of the hill or on the wrong side of the row of trees intended to be a wind block?

The driveway must be brought up to standards before building. The driveway position might lend itself to washout due to the east side slope. Snow control/drifting will be required because the driveway is on the opposite side of the wind block. You must share the cost of maintaining the road from the field drive to 145th Street, including snow removal. You are responsible for removing snow along the field where the road is located. 

Washout issues with the road

The latest heavy rain provides a view into the washout issues. 

7. Is there enough land to build a structure and install basic utilities like septic and a water system?


You must consult an engineering firm. However, the average Land-To-Building-Ratio throughout the United States is 2.5:1 to 3.5:1. To ensure that your land size is applicable for basic utilities, it is crucial to check out the American Planning Association requirements in which they have mentioned the minimum lot sizes for particular utilities.  A half acre (0.5) is required when both sewage and water systems are lacking. The buildable area of this lot is a little more than 0.25 acres.

8. What are the Septic system requirements in Rice County? The link below provides the information you need.

 

Learn more

5. Is there any concern about a residence being built 70' from an agricultural field?

Yes. People living in agricultural areas may be exposed to pesticides through drift from agricultural fields near their homes.  Children in agricultural areas had five times the concentration of pesticides in their urine compared with children in an urban area (Lu et al. 2000). Proximity was associated with significantly elevated odds of detecting agricultural herbicides compared with homes with no nearby crops.  


https://www.ncbi.nlm.nih.gov/pmc/articles/PMC1480526/

9. should i be concerned about the drain pipe?

Pollutants, nitrogen, phosphorous and bacteria

Pollutants, nitrogen, phosphorous and bacteria

Pollutants, nitrogen, phosphorous and bacteria

  • Tile drainage systems can carry pollutants such as nitrogen, phosphorous, and bacteria into groundwater, streams, and wetlands, impairing water quality. This pollution can harm humans and create “dead zones.” 
  • The water drained from agricultural land often contains pesticides and fertilizers like nitrogen and phosphorus, which can end up in rivers, streams, wetlands, and groundwater, impairing water quality.

nifa.usda.gov, treehugger.com, indystar.com, agdaily.com


Drain location

Pollutants, nitrogen, phosphorous and bacteria

Pollutants, nitrogen, phosphorous and bacteria

The agricultural drain is next to the buildable site. Erosion is evident. Climb down the hill to get a closer look. 

Fertilizer Nutrients

Pollutants, nitrogen, phosphorous and bacteria

Fertilizer Nutrients

The pipes in these systems don’t just move water, they also carry fertilizer nutrients — such as nitrates and phosphorus — that the water picks up. 

10. Why did the land value go down instead of up over time?

Year 2005: $300,000

Year 2009: $150,000

Year 2013: $88,200

Year 2022: $78,500


Ask why.

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Links

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