StoryMerc Utility Line Improvement Project and EasementJuly 7, 2026

County Approves Easements for Merc Gas Line Upgrade at Graham Park

Commissioners unanimously reserved right-of-way along County Road 146 while granting Merc utility easements for interior park streets, ensuring future relocation costs fall to the utility.

Published Jul 28, 2026

County commissioners unanimously approved a package of property agreements allowing Merc to proceed with a utility line improvement project through Graham Park, while reserving the county's ability to widen an adjacent roadway in the future without shouldering relocation costs.

The action approved a resolution reserving additional area in Graham Park for County Road 146 right-of-way, and granted formal easements to Merc for the 15th Street Southeast and Anie Drive Southeast portions of the project, both interior streets within the park.

The distinction between the two mechanisms was a central point of discussion. Along Third Avenue Southeast, also known as County Road 146, the county opted not to grant a formal easement but instead to reserve rights for its public works department.

I'm not going to characterize it as an easement, but basically a reservation of rights that you're giving to the county public works department that effectively gives them more or less the same powers that they would have of an easement, but it's not a formal grant of an easement, which will allow them to control that area.

— Tom Kanan, Senior Assistant Homestead County Attorney

Future costs shifted to utility

Kanan told commissioners the arrangement protects taxpayers if the county later decides to expand the roadway and the gas line must be moved.

If Merc ever, um, if the county ever needs to expand Third Avenue Southeast and it causes the need for Merc to have to move their gas line down the road in the future, it will be done at Merc's expense rather than the county's expense.

— Tom Kanan, Senior Assistant Homestead County Attorney

For the interior park streets, commissioners took the more conventional route of granting easements, reflecting the lower likelihood that those segments would need to be reconfigured for a county highway expansion.

The motion

A commissioner moved the combined action from the dais, framing the resolution and the easements as a single package.

To approve a resolution reserving additional area in Graham Park for County Road 146 right-of-way and approve easement to Merc for 15th Street Southeast and Anie Drive Southeast portion of the project.

— Commissioner, Homestead County Board

The motion was seconded and approved unanimously without further debate.

The easement and right-of-way items were among several matters taken up by the board at the meeting, which also included a report from the Southern Minnesota Regional Medical Examiner's Office and commissioner updates on recent conferences and community events.

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Full analysis

Votes (1)

Merc Utility Line Improvement Project and Easement Approval

Approved Unanimously

Dissent: None

Moved by Commissioner [00:08:44] · Seconded by Unknown [00:08:44]

Tom Kanan, Senior Assistant Homestead County Attorney, explained the project by Minnesota Energy Resources Corporation (Merc) to upgrade gas lines in Graham Park. The discussion centered on protecting county interests, particularly concerning future road expansion along County Road 146. A complex legal explanation of the 'merger doctrine' clarified why the portion along County Road 146 required a 'reservation of rights' for the Public Works Department, rather than a direct easement, to ensure Merc would bear costs if lines need to be moved. The other portion within Graham Park's private streets would be a standard utility easement. Questions were raised about existing gas service in Graham Park and the impact on future park improvements, as well as the county's responsibility for infrastructure damage.

Notable Quotes (3)

If Merc ever um if the county ever needs to expand Third Avenue Southeast and it causes the need to for Merc to have to move their gas line down the road in the future, it will be done at Merc's expense rather than the county's expense.

— Tom Kanan/Senior Assistant Homestead County Attorney [00:03:55]
Merc Utility Line Improvement Project and Easement Approval

I'm not going to characterize it as an easement, but basically a reservation of rights that you're giving to the county public works department that effectively gives them more or less the same powers that they would have of an easement, but it's not a formal grant of an easement, which will allow them to control that area.

— Tom Kanan/Senior Assistant Homestead County Attorney [00:05:01]
Merc Utility Line Improvement Project and Easement Approval

to approve a res resolution reserving additional area in Graham Park for County Road 146 right away and approve easement to MC for 15th Street Southeast and Oni Drive southeast portion of the project.

— Commissioner [00:07:33]
Merc Utility Line Improvement Project and Easement Approval

Ordinances & Resolutions (13)

Minutes of the June 16th Board of Commissioners MeetingOther

Previous meeting minutes, approved at the start of the current meeting.

Discharge Access Database System Service Agreement ExtensionOther

An extension to a service agreement, approved without discussion.

Revocable License Agreement with Hindu Samali Temple of MinnesotaOther

A license agreement, approved without discussion.

Funding and Treatment Court Cooperative AgreementOther

A cooperative agreement, approved without discussion.

Legacy Grant Application for Axible Park Playground EquipmentOther

A grant application, approved without discussion.

Legacy Grant Application for Oxville Park Bridge ReplacementOther

A grant application, approved without discussion.

Resolution reserving additional area in Graham Park for County Road 146 right awayResolution

Part of the Merc project, intended to expand the right-of-way for County Road 146 to protect county interests.

Easement to Merc for 15th Street Southeast and Oni Drive southeast portion of the projectEasement

Part of the Merc project, granting utility access within Graham Park's private streets.

Death CertificateOther

Official document containing cause, manner, and public health information about a death.

Statute 390Other

Minnesota state statute governing the role and authority of medical examiners.

2040 100% Clean Energy MandatePlan

Minnesota state mandate for achieving 100% clean energy by 2040.

University of Minnesota Extension websiteOther

Source for information on Extension programs and educational opportunities.

The AggregateOther

Monthly newsletter from the U of M Extension, summarizing educational opportunities.

Source document

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Other Topics from This Document

  • Annual Medical Examiner's Report

  • Energy Production Challenges and Clean Energy Mandates

  • Special Olympics and University of Minnesota Extension Committee Updates

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