The Williams County Park Board voted to convey two small tracts adjacent to Blacktail Dam to the family that has occupied the adjoining lots for more than 60 years, following public comment, review of historical records and legal discussion.

Attorneys and longtime residents told the board the tracts were intended to resolve access and encroachment issues created during subdivision work in the 1990s. "When Blacktail was subdivided, people received the lot that they had been occupying," attorney Tom Kalile told commissioners. He said a North Dakota Game and Fish memorandum from about February 2003 shows the state and county intended a land trade to make the Zivolni family lots whole.

The board’s attorney and staff said state law limits the park board from selling park property for less than market value, so the board had previously proposed a 99-year easement as a settlement. "The park board is a public entity, and it cannot sell its property at less than market value to a private individual," county counsel Karen said during the meeting. Staff also said the county has used easements previously for drainage and road access.

Commissioners discussed whether the action should be framed as a corrective deed — conveying title to correct an apparent historical recording error — or as a new conveyance subject to fair-market sale rules. Board members who had worked on or reviewed the file said their recollection and records show the original intent of the 1990s land swap was to fix individual lot boundaries.

After discussion a motion to convey the two tracts to the property owners was moved, seconded and approved by roll call. Commissioners recorded unanimous "yes" votes from Barry, Steve, Corey, Beau, Chris, Shanda and Brad; the motion passed. The board also agreed to include explanatory language in any deed documenting the historical background and the board’s intent.

The public commenters and documents presented at the meeting cited a 1997 sequence of planning-and-zoning minutes and a deed recorded after a state deed in February 2003; speakers said the recorded deed was placed in the county parks’ name rather than being added to the private lots. Petitioner Greg Zivolni and family members said the county accepted a purchase payment in the 1990s and that conveying the tracts would correct title consistent with that earlier transaction.

Discussion only: board members and commenters pressed for clarity about why the parcels were not included on the original deeds and whether a corrective deed could be used to resolve the matter without a new sale process. Staff noted the deed originally came from the State Game and Fish to the park and said any corrective language should be documented in the county record.

Decision and direction: The board approved conveyance to the property owners and directed staff and counsel to prepare appropriate deed language that documents the history and the board’s intent. The county counsel signaled staff would include historical context in the deed record.

The item concluded with the board affirming the motion and scheduling no further immediate action at the meeting; voters recorded the motion as approved.