County of Stearns v. Voller

OPINION

HARVEY A. HOLTAN, Judge. **

Appellant argues that the district court erred when it applied an “absolute necessity” standard to its petition to condemn land for the purpose of reconstructing of a county highway. We reverse.

FACTS

Appellant County of Stearns is seeking to reconstruct a nine-mile portion of County Road 18 that extends from Padua to the road’s intersection with State Highway 28. The county’s efforts began in 1991, when it first proposed reconstructing and widening County Road 18 to be consistent with state aid standards. The proposed project caused considerable controversy…