Summary
referencing "the flexibility that cities and counties have in developing and using platted roadways"
Summary of this case from Zimmer v. Pine Lake Twp.Opinion
A21-0829, A21-0832
03-29-2023
In the MATTER OF the Application of Timothy D. MORATZKA, TRUSTEE OF the NANCY L. MAYEN RESIDUAL TRUST.
Keith Ellison, Attorney General, Peter J. Farrell, Assistant Attorney General, Saint Paul, Minnesota, for appellant Minnesota Department of Natural Resources. Matti R. Adam, Itasca County Attorney, Michael J. Haig, Chief Assistant County Attorney, Grand Rapids, Minnesota; and Kenneth H. Bayliss, Quinlivan & Hughes, P.A., Saint Cloud, Minnesota, for appellant Itasca County. Allen E. Christy, Jr., Julie N. Nagorski, DeWitt LLP, Minneapolis, Minnesota, for respondent Timothy D. Moratzka. Jay T. Squires, Rupp, Anderson, Squires, Waldspurger & Mace, P.A., Minneapolis, Minnesota, for amici curiae Association of Minnesota Counties, Minnesota County Engineers Association, and Minnesota Association of County Surveyors. Patricia Y. Beety, Susan L. Naughton, League of Minnesota Cities, Saint Paul, Minnesota, for amicus curiae League of Minnesota Cities. James J. Thomson, Michelle E. Weinberg, Kennedy & Graven, Chartered, Minneapolis, Minnesota, for amicus curiae Minnesota Association of Townships. Howard A. Roston, Devin T. Driscoll, Fredrikson & Byron, P.A., Minneapolis, Minnesota, for amicus curiae Minnesota Society of Professional Surveyors. Monte A. Mills, Aaron P. Knoll, Greene Espel PLLP, Minneapolis, Minnesota, for amicus curiae MN-FISH Sportfishing Foundation.
Keith Ellison, Attorney General, Peter J. Farrell, Assistant Attorney General, Saint Paul, Minnesota, for appellant Minnesota Department of Natural Resources.
Matti R. Adam, Itasca County Attorney, Michael J. Haig, Chief Assistant County Attorney, Grand Rapids, Minnesota; and Kenneth H. Bayliss, Quinlivan & Hughes, P.A., Saint Cloud, Minnesota, for appellant Itasca County.
Allen E. Christy, Jr., Julie N. Nagorski, DeWitt LLP, Minneapolis, Minnesota, for respondent Timothy D. Moratzka.
Jay T. Squires, Rupp, Anderson, Squires, Waldspurger & Mace, P.A., Minneapolis, Minnesota, for amici curiae Association of Minnesota Counties, Minnesota County Engineers Association, and Minnesota Association of County Surveyors.
Patricia Y. Beety, Susan L. Naughton, League of Minnesota Cities, Saint Paul, Minnesota, for amicus curiae League of Minnesota Cities.
James J. Thomson, Michelle E. Weinberg, Kennedy & Graven, Chartered, Minneapolis, Minnesota, for amicus curiae Minnesota Association of Townships.
Howard A. Roston, Devin T. Driscoll, Fredrikson & Byron, P.A., Minneapolis, Minnesota, for amicus curiae Minnesota Society of Professional Surveyors.
Monte A. Mills, Aaron P. Knoll, Greene Espel PLLP, Minneapolis, Minnesota, for amicus curiae MN-FISH Sportfishing Foundation.
OPINION
McKEIG, Justice. This case concerns whether the Marketable Title Act (MTA), Minn. Stat. § 541.023 (2022), extinguished the public's interest in an undeveloped road dedicated to public use by plat over 100 years ago. Respondent Timothy D. Moratzka, trustee of the Nancy L. Mayen Residual Trust, initiated a Torrens proceeding to register title to land including the undeveloped road. The court of appeals affirmed the district court's summary judgment ruling that the public's interest in the road had been extinguished by operation of the MTA. Appellants Minnesota Department of Natural Resources (DNR) and Itasca County argue that the MTA does not apply to roads dedicated to public use by plat. We agree with appellants and therefore reverse the decision of the court of appeals and remand to the district court.
FACTS
This appeal involves a dispute over a strip of land abutting Trout Lake in Balsam Township in Itasca County. At issue is whether the land can be used by the public because it was dedicated to public use over 100 years ago by plat or whether the public interest was abandoned under Minnesota law because no "notice" was recorded under the process set forth in the MTA, Minn. Stat. § 541.023, subd. 1.
A.
The parcel of land at issue was part of the Plat of Trout Lake Park, which was created in 1911. A plat is "a delineation of one or more existing parcels of land," which "depict[s] the location and boundaries of lots, blocks, outlots, parks, and public ways." Minn. Stat. § 505.01, subd. 3(f) (2022). The Plat of Trout Lake Park borders Trout Lake, which is a lake fully contained within the Chippewa National Forest and is used for fishing, boating, and camping. The plat, which has been on file since 1912, states that the dedicator does "hereby dedicate to the public use forever the public roads [located on the plat]." The 1911–12 dedication included a north-south public road running between lots 15 and 16 of the plat.
Plats in Minnesota are governed by Minnesota Statutes chapter 505 (2022). Those seeking to create a plat must meet a number of requirements. See Minn. Stat. § 505.021 (2022). After a plat meets the preliminary requirements, the governing body of the area where the plat is located must approve it. Minn. Stat. § 505.03 (2022). All validly created plats "shall be recorded in the office of the county recorder or registrar of titles, or both, if the plat contains both nonregistered and registered property." Minn. Stat. § 505.04 (2022). The recorded plat must "be open to inspection by the public." Id.
Since dedication, some of the lots within the plat have been used as a resort—in particular, Lots 13, 14, 15, 16, and 17 (now known as Parcel 1), all of which abut Trout Lake. In the 1980s, the then-owners of the resort filed a petition to vacate the north-south public road that passes between Lots 15 and 16. As part of a settlement, the County agreed to vacate the road north of County Road 326, and the resort owners agreed to exclude the portion of the road south of County Road 326 from the petition to vacate. That portion of the original dedication south of County Road 326 is what is now known as Parcel 3. Although described in the plat as a "public road," no physical road has been constructed there; it is instead a sandy beach. The drawing below shows Lots 13 through 17 (Parcel 1), the original public roadway dedication that was vacated in the 1980s, and the remaining portion of the original public roadway dedication (Parcel 3). Below is an illustration of the current boundaries of Parcel 1 and Parcel 3, which have remained the same since the partial vacation of the dedication in the 1980s.
The image here is not drawn to scale and is for reference purposes only. Moratzka also sought to register Parcel 2, which is not at issue here, nor is it depicted in the map above.
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As part of resolving the dispute, the resort and the County created a license agreement that allowed the public to access Trout Lake through the resort. The County gave notice of its intent to terminate that license agreement in 1990 and decided to develop Parcel 3 into a public access to Trout Lake. The County never did so, but despite the termination of the license agreement, the resort continued to allow the public to access the lake through the resort.
In 2013, the resort's then-owner Nancy Mayen passed away. At that point, Moratzka was appointed as trustee to wind up her estate, which included selling the resort. In 2015, Moratzka entered into a contract for deed for the sale of the resort. The contract for deed included a clause referencing Parcel 3, stating that "[t]he plat reflects a public road apparently not abandoned." The contract provided that "this burden must be resolved prior to Closing." The resort no longer permits the public to freely access Trout Lake through its property. Therefore, Parcel 3 is currently the only year-round public access to the lake.
B.
In 2019, Moratzka filed an application to register Parcels 1, 2, and 3 as Torrens property. He asserted that the trust possesses a fee-simple interest in the land. He acknowledged the platted public way on Parcel 3 but asserted that "no public road exists" because neither Balsam Township nor Itasca County had recorded "any interest in the road within 40 years of the road's dedication," which he claimed was required under the MTA, Minn. Stat. § 541.023. The MTA generally provides that an interest subject to the Act "cannot be asserted against a claim of title based on a source of title unless the interest is preserved by filing a notice within 40 years of the creation of the interest." State v. Hess , 684 N.W.2d 414, 427 (Minn. 2004) ; Minn. Stat. § 541.023, subds. 1, 5. And any such interest barred by this 40-year requirement is presumed to have been abandoned. Minn. Stat. § 541.023, subd. 5.
As we have previously explained:
In Minnesota, a parcel of land can be either "Torrens" or "abstract." Ownership of abstract property depends upon the traditional process of researching the chain of title to determine who has the superior claim of right to the property. See Hersh Props., LLC v. McDonald's Corp. , 588 N.W.2d 728, 733 (Minn. 1999) (describing the abstract system). Under the Torrens system, by contrast, an owner can seek to "register" the property by instituting a court action. See generally Minn. Stat. ch. 508 (2012). A registration action allows the owner to cure any defects in the title, to clarify the boundary lines of the property, and to establish conclusively its title to the property in question. See Minn. Stat. §§ 508.06, 508.10, 508.22 (2012).
Mattson Ridge, LLC v. Clear Rock Title, LLP , 824 N.W.2d 622, 626 n.1 (Minn. 2012).
The Itasca County Examiner of Titles issued a report and opinion on the application. The Examiner determined that Moratzka was essentially seeking a road vacation, which required him to notify the DNR, Itasca County, and Balsam Township of his intent to extinguish the public's interest in Parcel 3.
The DNR, County, and Township all objected to the registration of Parcel 3. They moved for summary judgment, claiming that (1) the MTA does not apply to extinguish the public interest to Parcel 3; (2) the road-vacation statute, Minn. Stat. § 505.14 (2022), provides the sole means to extinguish the public interest in Parcel 3; and (3) Moratzka was estopped from denying the existence of the public road. The district court agreed with Moratzka that any public interest in Parcel 3 was extinguished by operation of the MTA and therefore denied the summary judgment motions. Moratzka then filed his own motion for summary judgment, which the court granted, concluding that the public interest in the road was "abandoned" under the MTA, Minn. Stat. § 541.023, subd. 5.
The DNR and the County both appealed, and the court of appeals consolidated the appeals. The court of appeals affirmed the summary judgment ruling in favor of Moratzka. In re Moratzka , 974 N.W.2d 266, 278 (Minn. App. 2022). The court of appeals held that "the plain language of the MTA unambiguously encompasses dedications made by recorded plat." Id. at 273. While recognizing that the landowner had created the public interest in the land "by recording the 1911-12 dedication with Itasca County," the court of appeals stressed that "there was no act of acceptance by the claimant," which under the MTA would require " ‘a notice sworn to by the claimant or the claimant's agent or attorney’ identifying the interest, the transaction upon which the interest is founded, and a description of the property." Id. at 274 (quoting Minn. Stat. § 541.023, subd. 1 ). The court of appeals therefore concluded that the public interest had been "extinguished." Id. at 276. Because the MTA extinguished the public interest, the court of appeals determined that Moratzka was not required to seek vacation of the public road under the road vacation statute, Minn. Stat. § 505.14. 974 N.W.2d at 278. In addition, the court of appeals determined that Moratzka was not estopped from invoking the MTA to challenge the continued existence of the public interest in the land. Id. at 276.
The County and the DNR both filed petitions for review. Considered together, the petitions raised three issues: (1) whether public roads noted on a plat are deemed abandoned if no MTA preservation notice is filed; (2) whether a property owner can evade the requirements of the road vacation statute, Minn. Stat. § 505.14, by invoking the MTA to extinguish a road dedicated to the public by plat; and (3) whether common-law estoppel bars a property owner from using the MTA to extinguish the public's interest in a road dedicated to the public by plat. We granted both petitions.
ANALYSIS
This case is before us on a summary judgment motion. Summary judgment is appropriate when "there is no genuine issue as to any material fact and the movant is entitled to judgment as a matter of law." Minn. R. Civ. P. 56.01. We review grants of summary judgment de novo, viewing the evidence in the light most favorable to the nonmoving party. Justice v. Marvel, LLC , 979 N.W.2d 894, 898 (Minn. 2022).
The district court's decision to grant summary judgment was predicated on the reasoning that the MTA applies to public interests dedicated by plat, that the road vacation statute is not the exclusive means to extinguish the public interest in a road, and that estoppel did not bar Moratzka's claim. Each of these three issues is now before us on appeal. Because we conclude the MTA does not apply to interests dedicated by plat, it is not necessary to consider the other arguments raised by the parties.
A.
The Legislature enacted the Marketable Title Act in 1943. Act of Apr. 20, 1943, ch. 529, §§ 1–5, 1943 Minn. Laws 752, 752–53 (codified as amended at Minn. Stat. § 541.023 (2022) ). "The central tenet of the Marketable Title Act is that a determination of title should be possible from an examination of documents in the chain of title recorded in the 40-year period preceding the title search." Hess , 684 N.W.2d at 427. The stated policy declared by the Legislature is that "ancient records shall not fetter the marketability of real estate." Minn. Stat. § 541.023, subd. 5. The MTA forecloses an action affecting the title of real estate that is commenced to enforce a right, claim, or interest in land, which was "founded upon any instrument, event or transaction" that took place "more than 40 years" before the commencement of the action, unless a notice was recorded in the office of the county recorder within 40 years of the instrument, event or transaction:
As against a claim of title based upon a source of title, which source has then been of record at least 40 years, no action affecting the possession or title of any real estate shall be commenced ... to enforce any right, claim, interest, incumbrance, or lien founded upon any instrument, event or transaction which
was executed or occurred more than 40 years prior to the commencement of such action, unless within 40 years after such execution or occurrence there has been recorded in the office of the county recorder in the county in which the real estate affected is situated, a notice ... setting forth the name of the claimant, a description of the real estate affected and of the instrument, event or transaction on which such claim is founded, and stating whether the right, claim, interest, incumbrance, or lien is mature or immature....
Minn. Stat. § 541.023, subd. 1. Any interest that falls under the language of subdivision 1 and is not recorded within the 40-year period is presumed abandoned. Id. , subd. 5.
The parties dispute whether the MTA applies to interests dedicated to the public by plat. The applicability of the MTA to public interests dedicated by plat is a question of statutory interpretation. We review questions of statutory interpretation de novo. Hyatt v. Anoka Police Dep't , 691 N.W.2d 824, 826 (Minn. 2005). In interpreting a statute, our purpose is to determine the intent of the Legislature. Minn. Stat. § 645.16 (2022). We start by determining whether the language in question is ambiguous, meaning that the language is subject to more than one reasonable interpretation. Harkins v. Grant Park Ass'n , 972 N.W.2d 381, 386 (Minn. 2022). "[I]f a statute is susceptible to only one reasonable interpretation, ‘then we must apply the statute's plain meaning.’ " Cnty. of Dakota v. Cameron , 839 N.W.2d 700, 705 (Minn. 2013) (quoting Larson v. State , 790 N.W.2d 700, 703 (Minn. 2010) ).
The County appears to agree that this is a question of statutory interpretation, but argues that this court has previously framed cases involving the MTA as focusing "on whether applying the MTA would be inconsistent with the MTA's purposes." See Wichelman v. Messner , 250 Minn. 88, 83 N.W.2d 800, 814 (1957). Although statutory purpose is something this court may consider, it must first analyze the plain language of the MTA. See Minn. Stat. § 645.16 (2022) ("When the words of a law in their application to an existing situation are clear and free from all ambiguity, the letter of the law shall not be disregarded under the pretext of pursuing the spirit.").
B.
We first determine whether the MTA plainly applies to interests dedicated by plat or if it is ambiguous. We have previously observed that "[t]he MTA is not a model of clarity." Hersh Props., LLC v. McDonald's Corp. , 588 N.W.2d 728, 736 (Minn. 1999). The parties focus their plain text arguments on the language that the MTA applies to "any right, claim, interest, incumbrance, or lien founded upon any instrument, event or transaction." Minn. Stat. § 541.023, subd. 1. Appellants claim that a plat is not an instrument, event or transaction. Moratzka argues that a plat is plainly an instrument.
In determining the plain meaning of the statute, the court may turn to dictionary definitions for terms not otherwise defined in the statute. See State v. Thonesavanh , 904 N.W.2d 432, 436 (Minn. 2017). "[I]nstrument" is defined as "[a] written legal document that defines rights, duties, entitlements, or liabilities, such as a statute, contract, will, promissory note, or share certificate." Instrument , Black's Law Dictionary (11th ed. 2019). This term is extremely expansive, especially when combined with the word "any." Cf. White Bear Lake Restoration Ass'n ex rel. State v. Minn. Dep't of Nat. Res. , 946 N.W.2d 373, 379–80 (Minn. 2020) (concluding that the Legislature's use of the word "any" was intended to be "broad" and "all-inclusive" (citation omitted) (internal quotation marks omitted)). Therefore, one reasonable interpretation—the interpretation adopted by the district court, court of appeals, and argued by Moratzka—is that this term is broad and extends to any document giving rise to a legal right or claim. Under this interpretation, the MTA plainly applies to land dedicated to public use by plat because plats are documents that give rise to legal rights and claims.
Moratzka further supports this interpretation by pointing out that the MTA does not specifically include platted interests in the exceptions listed in the MTA. See Minn. Stat. § 541.023, subd. 6. We have said that the expression of certain exceptions in a statute is the exclusion of others. See State v. Caldwell , 803 N.W.2d 373, 383 (Minn. 2011). The absence of plats from the exceptions listed under the MTA therefore supports Moratzka's interpretation that plats are "instruments" subject to the MTA's requirements. But it is not dispositive. While Moratzka is correct in pointing out that the MTA provides specific exceptions to the titles covered under the MTA, those exceptions relate to certain titles that otherwise would fall under the MTA. See Minn. Stat. § 541.023, subd. 6. Here we are attempting to determine if plats fall under the MTA at all. It is just as reasonable to conclude that, if plats are not instruments, the lack of a specific exception for property dedicated by plat is due to the fact that plats are simply not subject to the MTA in the first place.
Therefore, we must determine whether it is reasonable to read "instrument" as not including property dedicated by plat. Minn. Stat. § 541.023, subd. 1. We have said that "[t]he broad definition of [a term within the MTA] provides a reasonable basis for more than one interpretation." Hersh , 588 N.W.2d at 736. In Hersh , we analyzed whether the plain language of the MTA applied to Torrens property. See id. at 734–35. We noted that the plain language of the MTA requires filing notice with "the office of the county recorder, which handles abstract property, or the office of the registrar of titles, which handles Torrens property exclusively." Id. at 735. Because of this recording requirement, which specifically provided for filing with the office that exclusively handles Torrens property, we held that Torrens property was subject to the MTA. See id. We have therefore previously used the recording requirements of the MTA to determine which types of instruments are covered by the MTA. Consequently, "instrument" can be read as instruments that are recorded in the manner contemplated by the MTA. See Minn. Stat. § 541.023, subd. 1 ; see also In re Schmidt ex rel. P.M.S. v. Coons , 818 N.W.2d 523, 527 (Minn. 2012) (stating that we must construe a statute as a whole, with statutory phrases interpreted in light of their context).
After our decision in Hersh , the Legislature amended the statute and removed the registrar of titles from the recording provision and added a provision exempting Torrens property. Act of Apr. 26, 2001, ch. 50, §§ 31, 33, 2001 Minn. Laws 119, 137–38 (codified as amended at Minn. Stat. § 541.023, subds. 1, 2a (2022) ).
Unlike the recording requirement for Torrens property at issue in Hersh , which was specifically included in the MTA, the process for recording plats at issue here is not included in the MTA. Plats have extensive recording requirements that substantially differ from the recording requirements under the MTA. Compare Minn. Stat. § 541.023, subd. 1 (listing the MTA's recording requirements), with Minn. Stat. § 505.04 (listing the recording requirements for plats). For example, plats must be certified by a land surveyor and approved by the county surveyor, Minn. Stat. § 505.021, subd. 9 (2022), approved by the appropriate governmental body and certified by a city clerk or county auditor, Minn. Stat. § 505.03, and recorded in the office of the county recorder or registrar of titles, open to inspection by the public, Minn. Stat. § 505.04. The MTA, in contrast, requires a notice containing the name of the claimant, description of the property and instrument giving rise to the claim to the property, and a statement of whether the interest is mature or immature. Minn. Stat. § 541.023, subd. 1. In this way, the MTA's requirements for recording are altogether different from the more extensive recording requirements under chapter 505. It is therefore reasonable to interpret "instrument" in the MTA as not applying to plats when reading the phrase "instrument, event or transaction" in light of recording requirements contemplated by the MTA. See Minn. Stat. § 541.023, subd. 1. It would also be difficult to understand why the Legislature would include such a rigorous process for recording plats, only to put thousands of interests contained in those plats in jeopardy through enactment of the MTA.
Reading recording requirements as limiting the word "instrument" in the MTA is further supported by the stated purpose of the MTA. Though statutory purpose is typically only considered after a statute is determined to be ambiguous, here, the statutory purpose is part of the plain text of the MTA itself. See Minn. Stat. § 645.16 ; Minn. Stat. § 541.023, subd. 5. The policy of Minnesota, as stated in the MTA, is that "ancient records shall not fetter the marketability of real estate." Minn. Stat. § 541.023, subd. 5. But plats are not "ancient records" in the way that an unrecorded interest in land based on a legal document from over 40 years ago is. Plats must be kept available for inspection in the county offices in which they are maintained. Minn. Stat. § 505.04. References to plats are typically included in transfers of property interests within the plat. See Minn. Ass'n of Cnty. Surveyors & Minn. Soc'y of Pro. Surveyors, Manual of Guidelines for Platting in Minnesota 7 (Dec. 2009) https://www.co.washington.mn.us/DocumentCenter/View/8141/MACS_MSPS_platmanual?bidId= (last visited Feb. 27, 2023) [opinion attachment] (providing examples of property conveyances with references to plats); Joyce Palomar, Patton and Palomar on Titles § 120 (3d ed. 2003) ("It is so common in some states to be considered essential that a description by lot and block shall not only name the plat, but also identify it by some phrase ...."). Platted interests are not "ancient records" that "fetter the marketability of real estate," because they are highly visible and referenced when parcels within the plat are sold. Minn. Stat. § 541.023, subd. 5. Therefore, "instrument" could also be limited by those instruments that fit within the stated purpose of the MTA, which would not include interests created by plat.
C.
Because the applicability of the MTA to dedications made by plat is subject to more than one reasonable interpretation, we may look beyond the statutory language and consider other indicia of legislative intent. See Minn. Stat. § 645.16 (describing the factors the court may consider when a statute is ambiguous). In particular, we may consider "the occasion and necessity for the law" and "the consequences of a particular interpretation." Id. Finally, we are guided by the presumption that the Legislature does not intend an unreasonable or absurd result and intends to favor the public interest as against any private interest. Minn. Stat. § 645.17 (2022). The occasion for the creation of the MTA was to simplify title searches, which as time passes become "more cumbersome and uncertain." Hersh , 588 N.W.2d at 732–33 ("The mounting difficulties associated with transferring real property and the uncertainty of title gave rise to enactment of reform measures intended to promote efficiency and certainty."). These challenges gave rise to the creation of the MTA. Id. at 733. But interests recorded on plats do not increase the costs of title searches, while requiring re-recording would cut against the intention of the MTA to reduce burdens. See Restatement (Third) of Property, Servitudes § 7.16 cmt. a (Am. L. Inst. 2000); see also 51 Am. Jur. 2d Limitation of Actions § 111 (Feb. 2023 update) ("[A marketable title act] is designed to decrease the costs of title assurance by limiting the period of time that must be covered by a title search."). The Restatement therefore does not include interests created by recorded plat maps because "[e]xempting [interests] created by notation on a plat ... will not increase the costs of title searches and will preserve interests that frequently add significant value to property." Restatement (Third) of Property, Servitudes § 7.16 cmt. a (Am. L. Inst. 2000). In short, "[t]here is no reason to subject the beneficiaries of obvious [interests] to the re-recording requirements of the marketable-title acts." Id. The concern over burdensome title searches that prompted the creation of the MTA is simply not implicated by recorded, publicly available plats.
Moratzka argues that the MTA should apply to plats even in the case of ambiguity, reasoning that we have repeatedly recognized that the MTA applies to public roads. See , e.g. , Twp. of Sterling v. Griffin , 309 Minn. 230, 244 N.W.2d 129, 133 (1976) ("The fact that the owner of an old, outstanding interest is a public body is not a sufficient public interest to defeat the larger interest of the public in greater security in real estate transactions."). But Moratzka overlooks the broader context of Sterling . In Sterling , we were tasked with determining whether the MTA barred an action by a township to enjoin respondents from interfering with a road. Id. at 131–32. The Township argued that filing a copy of the order establishing the road with the county auditor provided sufficient notice of their interest to avoid application of the MTA. See id. at 132. We proceeded to conclude that the private interest defeated the larger public interest in that case. Id. at 133. But the holding in that case was based on the conclusion that no prudent person would have been put on notice that a public road existed. Id. at 135. Sterling did not involve an interest recorded on a plat, which clearly does put a party on notice of an existing interest.
The public interest is also particularly strong here, considering the consequences of upsetting well-settled expectations of towns, cities, and counties that would result by holding that the MTA can extinguish the public's right to platted accesses. See Minn. Stat. § 645.16(6). As stated by both appellants and amici, these types of platted public interests exist throughout the state, with few, if any, recorded as contemplated by the MTA. The DNR points out that in Itasca County alone, there are 118 platted public accesses to lakes, 108 of which are undeveloped. Moratzka's interpretation of the MTA has the potential to imperil platted public accesses not only in Itasca County, but throughout the state. Restricting the public's access to Minnesota's lakes is entirely contrary to the interests we have recognized in several cases. See In re Baldwin , 218 Minn. 11, 15 N.W.2d 184, 186 (1944) ("The public rights in these lakes, with which this state abounds, are of great value and importance...." (citation omitted) (internal quotation marks omitted)); Schaller v. Town of Florence , 193 Minn. 604, 259 N.W. 529, 534 (1935) ("Whether this very desirably located area, solemnly dedicated to public use, should be restored to private ownership ... is a matter that should receive our most careful consideration. The present trend of public opinion is directed toward restoring to the public access to our lakes, our parks, and our forests for recreational and other proper uses."); In re Krebs , 213 Minn. 344, 6 N.W.2d 803, 805 (1942). We elaborated on the importance of protecting the public's ability to access Minnesota's many lakes in In re Krebs :
[W]e must not forget that the public includes persons other than those in the immediate vicinity. The general public has a true concern in the recreational facilities offered by the lakes which nature has so freely given us in this state. Their generous sharing by all will make for a healthier and happier people. The many not fortunate enough to be able to acquire the advantages of ownership of lake shore properties should not be deprived of these benefits. This we would do if we permitted streets leading to the lake shore to be vacated as here proposed.
6 N.W.2d at 805. In short, the consequences of adopting Moratzka's position relative to Trout Lake would limit public access to the lake and potentially limit public access to many of our public waters in Minnesota and, in some cases, cut off public access to public waters altogether. These consequences of Moratzka's interpretation are significant and support the interpretation that the Legislature did not intend for the MTA to apply to platted roads.
Not only does the interpretation urged by Moratzka potentially negatively impact access to our public waters, but it is also inconsistent with the flexibility that cities and counties have in developing and using platted roadways. See Minn. Stat. § 645.17(1) (explaining that, "[i]n ascertaining the intention of the legislature," courts may presume that "the legislature does not intend a result that is absurd, impossible of execution, or unreasonable"). Parties creating a plat must follow a list of extensive requirements, including a statutory requirement to record and make the plat publicly available for inspection. Minn. Stat. ch. 505. And, as the amici point out, towns and counties have relied on the plat dedication process for over 100 years. We have repeatedly recognized the flexibility that public entities have in developing dedicated land. See In re Stein , 256 Minn. 485, 99 N.W.2d 204, 206 (1959) ("The dedication, being a good statutory dedication, did not have to be formally accepted by the town board."); Bryant v. Gustafson , 230 Minn. 1, 40 N.W.2d 427, 434 (1950) ("[W]here land ... is dedicated to public use as a street ... long continued nonuser of the street will constitute abandonment only if accompanied by some affirmative or unequivocal acts of the trustee which are indicative of an intent to abandon and which are inconsistent with a continuance of the easement."); Vill. of Medford v. Wilson , 304 Minn. 250, 230 N.W.2d 458, 459 (1975) ("[W]hen a street is dedicated by plat, a city may choose its own time to occupy, open, and use the street.").
The statutory purpose, the consequences of Moratzka's interpretation, and the presumption of favoring the public interest over a private interest all weigh heavily in favor of concluding that the MTA does not apply to platted roadways created under chapter 505. We therefore conclude that the MTA does not operate to extinguish public interests properly dedicated by plat. CONCLUSION
For the foregoing reasons, we reverse the decision of the court of appeals and remand to the district court for further proceedings consistent with this opinion.
Reversed and remanded.
Attachment
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