Attorneys at Hennepin County believe it is legally possible to change the name of Lake Calhoun, but the process must follow specific steps largely involving the county government.
A memo circulated to county commissioners last week indicates that the county would be in the driver's seat should a renaming petition be formally submitted. That's in contrast to the earlier discussion by the Minneapolis Park and Recreation Board, the entity that owns the land.
The lake's namesake, former Vice President John C. Calhoun, has garnered extra scrutiny in recent weeks for his ardent support of slavery and racist legacy.
"His name and legacy should not be honored anywhere," reads a petition with more than 4,300 signatures.
The head of the county attorney's civil division, Dan Rogan, said the Minnesota Department of Natural Resources (DNR) will consider "a name change proposed by a County Board if it follows the statutory process outlined in [state statute]." There was previously concern that a lake name older than 40 years old could not be changed, but the memo said it is possible if the county follows the appropriate steps.
That conflicts with the opinion of Park Board attorney Brian Rice, who says he believes the statute preventing name changes after 40 years applies in this case. He suggests that the Legislature grant explicit authority for the change, in the event of future legal challenges.
"I would say the law is far, far from clear. And if anything, I would say the 40-year rule … would hold," he said.
The county memo says the renaming process requires at least 15 registered voters to submit a petition, which must also include their proposed new name for the lake. This would be delivered to the County Board, which would hold a hearing and then vote on a resolution. The state commissioner of natural resources must then endorse the resolution.