Commission nixes reopening of road
Marion County Commission approved 2-1 to abandon a road near Antelope.
A public hearing was held Monday afternoon after the commission, county officials, and landowners viewed the road area.
The road, located west of Antelope, north of 250 and Ulysses, had not been abandoned even though it had not been used or maintained.
A dike of a lagoon was located near the road, causing landowner Carl Stovall to use a ditch to gain entry to his property.
Adjoining landowners were concerned about drainage issues should the road be reopened.
County attorney Susan Robson said she was concerned about the owner being land-locked.
Steve Brosemer, a certified land surveyor for the county, said reopening and maintaining the road would serve only the owner of the property, not the public as a whole.
He also was concerned about the county's expense regarding damages incurred in reopening the road.
"My recommendation would be to vacate the road," Brosemer said.
The land would return to the landowner, Brosemer said. He added the road would not have to be surveyed to be vacated, eliminating another expense for the county.
Robson asked what would happen when the county land-locks a property owner? Brosemer said the landowner has the option of using the road from the east.
Commission chairman Leroy Wetta said what he observed.
"I saw a water battle. I saw a dike," Wetta said. "There's a good road within a quarter of a mile and I see no reason for a road to be there."
Wetta also said he didn't want to see the county put in the middle of a private dispute.
Wetta made recommendations for culverts and drainage which sparked comment from commission Howard Collett.
"Both landowners have a vested right to have adequate drainage," Collett said. "The road is on a school route and it needs to have proper culverts."
Collett added he didn't want to see a low water bridge on a school bus route.
Wetta said the hearing was to decide on opening of a road, not drainage.
A motion was made and seconded to abandon the road with Collett having the dissenting vote.
In 1991, the road was closed by resolution but not vacated.
Last year, there was a road viewing but there was an issue with the description.
A lagoon was constructed in 2003 and property permitted by the county. Brazil said it was tough to determine the location of the lagoon due to the vagueness of the description.
Stovall has access to the field near the road in question through another field that he owns at the present time.
