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Resident seeks county help after large tree on unaccepted right-of-way threatens house
Summary
A resident raised a public comment about a large, unstable tree on a platted but unaccepted county right-of-way behind her Utica home. County officials said ownership is unclear; they advised a title search and said the county cannot spend funds unless it proves the property is county-owned.
Rachel Alvey, a resident of 6417 Valleybrook Trace in Utica, told the Daviess County Fiscal Court during public comments that a large tree on a 30-foot platted right-of-way behind her house is in danger of falling onto her home and that contractors will not remove it because they cannot confirm ownership.
Alvey said she had contacted the county planning/road staff, the property-value administrator (PVA) and private land-title firms; one title firm told her on preliminary review that the land appeared to be public property. County officials, including Mr. Duper and county legal staff, explained that many early plats in the area created paper rights-of-way that were never accepted into the county road index and therefore may not be county-owned.
Mr. Duper said the Batesville Heights plat included planned roads such as Wilson Lane and Westerfield Drive; only portions that were built and accepted are maintained by the county. County staff said a developer’s plat showing public right-of-way does not automatically transfer ownership to the county until the county accepts the road into the road index, which typically occurs after final surfacing and acceptance procedures.
County officials advised Alvey that the practical step is to determine ownership via a comprehensive title search and, if necessary, seek correction of title in circuit court. County counsel and staff said fiscal court is unlikely to pay for a private-title search because county funds may be spent only for public purposes; staff said the county could be exposed to legal risk if it spent funds to remediate property not owned by the county.
Officials offered limited assistance: staff said they could contact private title firms on the resident’s behalf and provided guidance about next steps, but they stopped short of committing county funds to remove the tree. Officials also noted that, in past similar cases, adjoining landowners have pursued circuit-court remedies to clear title and resolve maintenance responsibilities.
Alvey said the tree is a large red oak and that its lean and interior decay make it likely to fall in high winds. County staff and commissioners urged prompt legal follow-up so the resident can obtain authority to remove the hazard before it causes property damage.
