The ambiguous legal situation of the Albert Lea Lake Dam, which has been delaying the crucial dam restoration project, was cleared up Thursday when the county found the original document stipulating the right of the county to access to the dam.

Sunday, November 11, 2001

The ambiguous legal situation of the Albert Lea Lake Dam, which has been delaying the crucial dam restoration project, was cleared up Thursday when the county found the original document stipulating the right of the county to access to the dam.

The origin of the problem goes back to 1958 when the county decided to gave a portion of old County Road including the bridge over the dam to landowner C. D. Palmer. The easement right for access immediately became an issue when the dam was constructed in 1922 and needed to be improved for maintaining the water level of the lake.

The solution came from a family member of Palmer who visited the County Attorney’s Office with a county board declaration issued to Palmer.

The document, signed in October 1958 by the chairman of county board, T. C. Nelson, and County Auditor Robert D. Hanson, says the county would reserve the right of access to the dam and turn over a portion of old County Road 19 to the landowner &uot;as a private road or for whatever purposes he chooses that does not interfere with the operation of the remaining portion of said County-State Aid Highway No. 19.&uot;

County Attorney Craig Nelson told County Board Chair David Mullenbach and Administrator Ron Gabrielsen about the document last week.

&uot;The legal concern is all clear now for the county to start the project,&uot; said Nelson.

County officials want to restore the outdated structure on the lake’s south end, but ownership of the dam has been unclear since 1958. The project could cost more than $240,000.