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WALKER - Doug Carpenter of Deer River asked Cass County commissioners, acting as the town board for unorganized townships in the county, Tuesday to have the road abutting property his daughter owns near Bena surveyed.

He wants to determine that the parcel of land abut belonging to his daughter abuts this road for access.

County Engineer David Enblom informed the board the county has jurisdiction over 426 miles of county and town roads that currently do not have documented right of way. It has been the county's past practice only to survey roads when construction is planned along a road segment.

No construction is currently planned for this road.

Carpenter cited state statutes that list powers of a county board to include that "County highways shall be established, located, relocated, constructed, reconstruction, improved, maintained, revoked or vacated by the several counties."

He views this to mean roads should have an exact, surveyed location.

The law further says boards "may appropriate and expend sums of money from their respective county road and bridge funds as they deem necessary for the establishment, location, ... of such highways."

Elsewhere in statutes Carpenter cited, the laws state an appointed county engineer would be the person designated to make and prepare all surveys for roads.

Another state statute indicates a county board "may", not "shall", employ a licensed surveyor to conduct a survey of roads.

Carpenter contended a recent court decision would require the county to provide an official survey of its roads.

The county board voted to refer the information Carpenter provided to Cass County Attorney Christopher Strandlie for an opinion.

Second publication rights after Brainerd Dispatch.

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