Battle over Minnesota lake access heats up as DNR takes down fence

Battle over Minnesota lake access heats up as DNR takes down fence

Landowner charged with 12 misdemeanors for blocking road to northwestern Minnesota lake.

By John Reinan Star Tribune
June 11, 2018 — 2:20pm

A long-running battle over public access to an Otter Tail County lake has heated up, with a landowner facing 12 new misdemeanor charges for blocking a road to Jolly Ann Lake near Ashby, Minn.

The Minnesota Department of Natural Resources (DNR) recently took down a fence the landowner, Rick Chodek, erected on a gravel road offering the only public access to the lake.

In a court filing Friday, the state charged Chodek with 12 misdemeanors. One charge was for interfering with a public highway; the others were harassment charges for blocking anglers from using the lake. All the charges carry a maximum penalty of up to 90 days in jail and/or a fine of up to $1,000. Chodek already faces two additional misdemeanor charges filed earlier.

In its criminal complaint, the state said Chodek blocked “numerous” citizens from fishing Jolly Ann, including several who had fished there for 50 years or more and even some anglers who live on the lake but use the public access to launch their boats.

Chodek owns about 40 acres of farmland surrounding a small boat launch and parking lot that’s long been used as the only public access to Jolly Ann. He claims that the gravel road leading to the boat launch is on his land, and that land records marking the roadway don’t match the road’s physical location.

An Otter Tail County District judge had ordered Chodek to take down the fence by May 31. But as he was coming out of a court hearing on the case May 29, Chodek said, he got a call from a DNR conservation officer informing him that the fence had already been taken down. He later went to see for himself.

“They took the boards down; they brought a backhoe and pulled up the fenceposts,” he said.

A DNR spokesman Monday confirmed that the agency had removed the fence.

“Lake residents and others have been using it to access the lake since that time,” the DNR’s Joe Albert said. “In the days since the gate was removed, there haven’t been any issues with the access to which conservation officers have responded.”

Last week, Chodek responded with a memo to DNR officials saying he plans to charge the state a toll for every day the road remains open.

A self-taught legal advocate, Chodek said he has spent years studying the intricacies of land law in public law libraries in the state. He said he’s confident he’ll prevail, based on what he called a chain of legal errors in the creation of the public access area on Jolly Ann.

“You read [the law], you interpret it, you tuck that under your bonnet and you go to battle,” he said.

A hearing on the case is scheduled for Thursday in Otter Tail County District Court.

[email protected] 612-673-7402 stribguy

From what I’ve heard this guy has been wanting the DNR to buy the land instead of just use it for free. The DNR has ignored the land owners requests so he put up a fence.

This is all hearsay of course, but if the DNR is going to use the land then I’d think some compensation would make sense? I’m sure there is more to the story though…

Always is..

There may be an “implied right-of-way” involved since the access and road have such a long documented history without any challenge until recently. Who knows, maybe somebody told him there’s gold in the road and access and he figures that he’s entitled. I’m sure this will come down to when he purchased the land, or acquired it, thru an estate and whether or not said road existed prior to him hold title. And in a state court, if he represents himself…..well there’s a saying about having a fool for a lawyer. Well versed in law and well-represented are two entirely separate issues.

Jon Jordan wrote:

You read [the law], you interpret it, you tuck that under your bonnet and you go to battle,” he said.

Love it. There is usually 2 sides to every story and if he has gone this far im sure his is pretty good for a judge to hear.

Dont like blocking public waters but if its his land then it is what it is!

Should be pretty easy to determine if the road is in the correct location. Question is, who is going to pay for the survey to do so.

I wonder how the road, parking area and launch got there.
“And now the rest of the story”

Joe Scegura wrote:

From what I’ve heard this guy has been wanting the DNR to buy the land instead of just use it for free. The DNR has ignored the land owners requests so he put up a fence.

No. The DNR (and/or possibly the county, other articles were unclear about which agency actually paid) bought the land for both the access and the roadway.

This clown’s “claim” is not that the DNR doesn’t own the land and is using his land for free. He’s trying to claim that the road is not located where the legal description says it should be, so therefore he can block the road because it’s on his land.

I find it telling that so far, this guy has avoided having a survey done that would prove him either right or wrong. Golly, I wonder why he doesn’t just have a survey done and settle the issue in one shot?

Sorry, but there’s no big bad DNR taking away somebody’s land. Just some litigious clown trying to stop the public from enjoying water that they own.

Grouse

TheFamousGrouse wrote:

No. The DNR (and/or possibly the county, other articles were unclear about which agency actually paid) bought the land for both the access and the roadway.
This clown’s “claim” is not that the DNR doesn’t own the land and is using his land for free. He’s trying to claim that the road is not located where the legal description says it should be, so therefore he can block the road because it’s on his land.

I meant the land to the access, not the access land itself. Like I said I’m sure there is more to the story, just sharing what I’ve heard.

Why all the problems in Ottertail County? Is there something in the water?

It should essentially boil down to where the easement for the “land-locked” property is…Like Grouse said, get a surveyor in and set the record straight. It’s harder than one would think to get approval to move an easement location…I’ve been there and tried that. But an easement for public land? That could be easier than private.

Sticky situation, but this guy does indeed sound like a clown. Right or wrong…

TheFamousGrouse wrote:

<div class=”d4p-bbt-quote-title”>Joe Scegura wrote:</div>
From what I’ve heard this guy has been wanting the DNR to buy the land instead of just use it for free. The DNR has ignored the land owners requests so he put up a fence.

No. The DNR (and/or possibly the county, other articles were unclear about which agency actually paid) bought the land for both the access and the roadway.

This clown’s “claim” is not that the DNR doesn’t own the land and is using his land for free. He’s trying to claim that the road is not located where the legal description says it should be, so therefore he can block the road because it’s on his land.

I find it telling that so far, this guy has avoided having a survey done that would prove him either right or wrong. Golly, I wonder why he doesn’t just have a survey done and settle the issue in one shot?

Sorry, but there’s no big bad DNR taking away somebody’s land. Just some litigious clown trying to stop the public from enjoying water that they own.

Grouse

The county and multiple state agencies have surveyors on the payroll…. why haven’t they dispelled the claim?

Pretty sure he’s got a survey and it shows his case is valid. Why else would he waste the money on this?

How long has the road in dispute been there?

The story makes it sound like there has been an access road available for decades, “…several who had fished there for 50 years or more…”.

Was it recently moved?

If the road hasn’t moved and has been there for decades then the farmer better read up on Adverse Possession before wasting any more taxpayer money.

A friend of mine had to take trespassing action against a neighbor who added a driveway that ran through my friends undeveloped lake lot. Without taking action in time, the Adverse Possession doctrine would have allowed the neighbor to annex part of my friends lake property.

I’m curious if that is what is going on in this story. It does seem that a survey or a timeline would settle this in short order.

TheFamousGrouse wrote:

He’s trying to claim that the road is not located where the legal description says it should be, so therefore he can block the road because it’s on his land.

I found where the road is and its right through his field. Who has a mud truck?

Here is a pic of the road leading to and the landing. It appears this guy’s driveway shares the road from the Cty Road. I’m not able to tell where the dispute would start or where he would have erected the fence, but I am guessing its where his driveway splits off and the road continues to the public access.
Its interesting if you pull it up in Google Maps, it paints a road in a place there isn’t one. ???

Attachments:

1. 

   Untitled.png
   

He has to be loved by the local and not so local fishermen that come to that lake each year.

Brian Klawitter wrote:

He has to be loved by the local and not so local fishermen that come to that lake each year.

I used to fish that lake frequently as I know one of the lakeshore owners. Most people are pissed, especially the lakeshore owners as there really is no easy way to put a boat in from the shoreline as a lot of it is extremely steep.

CaptainMusky wrote:

Here is a pic of the road leading to and the landing. It appears this guy’s driveway shares the road from the Cty Road. I’m not able to tell where the dispute would start or where he would have erected the fence, but I am guessing its where his driveway splits off and the road continues to the public access.
Its interesting if you pull it up in Google Maps, it paints a road in a place there isn’t one. ???

It looks like that road has been there for decades. No idea how old the google picture is so maybe it was rebuilt recently and moved during the rebuild.

I’ll have to swing by next time I am at the farm and drive into the access, just get add one more vehicle to the guys tally

The arrow points to the “road” that I was referencing above. Its not really there and is labeled the same as the road leading to the landing. I have to wonder if it was moved at one point.

Attachments:

1. 

   Untitled1.png