The Minnesota Supreme Court has upheld a township’s authority to set construction conditions, shift costs and recover appeal-related legal fees when creating a road to landlocked property. The 4-3 ruling in Holstad v. Town of May gives Minnesota’s town boards substantial discretion over “cartways,” the statutory access routes available to qualifying parcels without adequate road access.
In its 57-page opinion released Wednesday, the court affirmed a route selected by the Town of May for a 2.5-acre parcel along the St. Croix River. The property, owned by Bryce and Jody Holstad, lies about a quarter-mile from State Highway 95 and is bordered on three sides by National Park Service land or the river. It has lacked roadway access through both the Holstads’ ownership and that of Bryce Holstad’s grandfather.
The town rejected the owners’ preferred path, which included a stretch narrower than 11 feet between a cliff face and a steep drop-off. It instead chose an engineer’s route farther from the river and required a 16-foot paved surface with two-foot gravel shoulders, plus federal, state and county approvals. The engineer estimated improvements on that route at $1.4 million to $1.9 million.
Justice Sarah Hennesy, writing for the majority, said the controlling state statute requires a cartway at least two rods—or 33 feet—wide even when it serves a parcel between two and five acres. That width describes the legally established corridor; the court did not hold that the full 33 feet must be paved. The court’s official case summary also says a town may select a different route when it reasonably finds the alternative less disruptive and more consistent with the public interest.
Costs stay with the petitioner
The ruling also confirms that a town may require the petitioning landowner to pay for construction and maintenance unless local officials affirmatively decide that public spending serves the public interest. The companion maintenance law lets a town prescribe how a cartway is built and maintained. Together, the statutes gave May discretion not to use road-and-bridge funds, the majority concluded.
The court further held that “damages” chargeable to a petitioner can include the town’s attorney fees through the end of an appeal. The majority reasoned that the law covers professional services and other expenses connected with proceedings to establish the cartway. The Minnesota Court of Appeals had reached the same result in its 2025 decision.
Justice Gordon Moore III, joined by Justices Anne McKeig and Paul Thissen, agreed with parts of the decision but dissented from allowing town-created construction specifications and regulatory approvals to delay opening the route. The dissent argued those conditions could deny the meaningful access the statute promises.
The practical effect reaches beyond one St. Croix River parcel. Minnesotans seeking access to landlocked property now face a clear statewide rule: local boards must establish qualifying access, but they retain broad control over route, safety standards and public spending, while petitioners may bear construction and litigation costs.
