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Legal Opinion

In Re Condemnation by Sub-Urban Hennepin Regional Park District

Court of Appeals of Minnesota

Decided March 25, 1997No. C6-96-1037Published

1Opinion of the Court

OPINION

EDWARD D. MULALLY, Judge.

Union Pacific Railroad appeals from an order granting condemnation of 6.26 miles of the railroad’s right-of-way for the development of a recreational trail. We affirm.

FACTS

The Suburban Hennepin Regional Park District 1 (Park District) seeks to condemn approximately 6.26 milés of Union Pacific Railroad’s right-of-way running from Highway 494 in Plymouth to Theodore Wirth Parkway in Golden Valley to complete acquisition and development of a recreational trail.

The right-of-way sought to be acquired by the Park District runs parallel to railroad tracks. Currently,…

2Cases cited9 opinions

  1. Milwaukee & St. Paul Railway Co. v. City of FaribaultSupreme Court of Minnesota · 1876
  2. Minneapolis & St. Louis Railroad v. Village of HartlandSupreme Court of Minnesota · 1901
  3. Northwestern Telephone Exchange Co. v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1899
  4. Fohl v. Common Council of Village of Sleepy Eye LakeSupreme Court of Minnesota · 1900
  5. Minnesota Power & Light Co. v. StateSupreme Court of Minnesota · 1929

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