County ready to resolve dam ownership dispute
Published 12:00 am Thursday, November 8, 2001
Freeborn County will take a step forward on the stalled restoration project for Albert Lea Lake Dam, or Juglans Dam.
Thursday, November 08, 2001
Freeborn County will take a step forward on the stalled restoration project for Albert Lea Lake Dam, or Juglans Dam. It has confirmed that the county is the legal owner of the dam, and it will start negotiating with the landowner about an easement.
The dam holding the water pouring into Shell Rock River requires major renovation to control the lake’s water level. But the project has been stalled due to the ambiguity of ownership.
In 1958 the county gave away a part of old County Road 19 and a bridge crossing over the dam to a private landowner when it rerouted the road. Since then the ball has been bouncing among the county, the landowner and the state regarding the responsibility for overhauling the structure.
County attorney Craig Nelson accepted the an opinion by the State Attorney General Office and concluded that the county owns the dam.
Nelson pointed out during the county board meeting on Tuesday that the easement right still needs to be cleared to start the restoration.
The 1958 county resolution implies the county’s willingness to maintain some authority for the dam, stating &uot;reserving however to the County of Freeborn, its agents and invitees, the right of access to, egress and ingress across said premises to and from the Juglans Dam situated on or near the above described premises.&uot;
However, no easement rights of the county were ever recorded before and after the resolution.
The board of commissioners recommended that county staff contact the landowner to negotiate.