End of the road

A group of landowners from the Hulett area have found themselves disagreeing over the maintenance required on a private road that serves an estimated ten families.

Despite the differences of opinion, several of the affected citizens were able to come together last week on a potential solution: requesting that it be adopted as a county road.

Unfortunately, the Crook County Commissioners were equally united in their response.

While the landowners have every right to put together a formal petition for their request, the commissioners responded, the simple truth is that the county can’t afford to take on any more roads.

D4 Lane begins at the New Haven Road and travels through private and state land. During last week’s regular meeting, the commissioners heard testimony from several landowners who make use of the road, describing the various issues that each have experienced with it.

Dale Roth, for instance, told the commissioners that he and neighbor Bob Hauber had installed a needed culvert on the road, dividing the cost among the ten families. However, though he requested assistance with the installation, he said none of them turned up to help with the work.

On the other side of the issue, Ben Keim stated that he had not been able to help due to a funeral on that day. He expressed that he was very sorry to have not been able to contribute, but the timing of such an event cannot be predicted.

Roth also said he had suffered issues with people not closing the gate that he installed where the road passes through his property to have “some control” over people’s access to his land. He said visitors sometimes like to visit the old homestead, for example.

Representatives from the Amish family whose property sits at the end of the road, the Keims, challenged the presence of a camera on that gate, which they must pass through to reach their property. One member of the family stated that being photographed goes against their religion.

Also mentioned was a disagreement over the amount of shale that was needed when it came time to re-cover the road. The 20 loads that were ultimately purchased were not enough to reach the end, said Roth, while Keim said he simply had not been able to afford double that amount.

After hearing extended testimony from the landowners – and also from drivers for the Amish family – the commissioners called the discussion to a halt with an explanation of why adopting a new county road is something they are loathe to do.

“We’ve already got way more than we can afford to maintain as it sits right now,” said Commissioner Kelly Dennis.

No matter the petitioner, he continued, adding a piece of road is a “non-starter”.

“We’re looking for pieces of county road to abandon so we can maybe get closer to our budget. It’s way, way more expensive to put gravel and shale and upgrade roads and culverts and cattleguards now than it ever has been…we’ve got half again as many roads as we can feasibly maintain right now,” Dennis said.

The landowners do have the right to move ahead with their request if they so wish, said Commissioner Fred Devish.

As explained by County Attorney Joe Baron, the correct procedure would be to submit a formal petition, along with documentation such as legal descriptions of the road. A decision at last week’s meeting would not have been possible because that paperwork had not yet been filed, he said.

However, Devish expressed his opinion that there is another route forward for the landowners – one he believes would be preferable.

“What I’m seeing is a lack of communication, perhaps, between the parties,” he said.

“The option is to work it out, be good neighbors, have a discussion – not a shouting match, and not the drivers [for the Amish family]. The people that own the property there should be the ones having the discussion.”

Commissioner Bob Latham shared his thoughts about the need to formalize expectations.

“Do you landowners out there have an agreement on paper for maintenance of this road and how things are going to be done, or is it just a gentlemen’s agreement, handshake, whatever?” he asked.

A written agreement does not yet exist, landowners confirmed.

The commissioners encouraged the landowners to sit down and talk through the situation and come to a private agreement.

“I think you guys are capable of having that conversation,” Devish concluded.