The Williams County Park Board voted to have county counsel draft a 99‑year easement for two small parcels at Blacktail Dam and approved providing fence materials and some equipment to support a fence the North Dakota Game and Fish Department intends to install.
The easement would be offered to the nearby property owner, Greg Zivolny; board members said the action is intended to resolve long‑running access disputes around the shoreline and to clarify public versus Game and Fish land. Legal counsel told the board that "currently, under state law, easements can only be 99 years," and that a 99‑year instrument is the standard vehicle for this kind of grant.
Why it matters: board members described repeated complaints about private use of public shoreline and said Game and Fish has repeatedly asked for removed personal property on its lands. Board staff said fencing the Game and Fish boundary will protect the agency’s spillway and reduce ongoing conflicts over where private items have been placed on public or agency land.
What the board discussed and decided: Jeremy, parks staff, explained the parcel geometry from a recent survey and said Game and Fish "want all of their stuff off of Game and Fish property." He described that after the survey the county parks parcels now include only small amounts of usable dry land (one triangular parcel identified as roughly 0.1–0.17 acre total, much of which may be underwater) and that much of the area is occupied by private drain fields tied to adjacent residences.
Board members discussed options including auction, lease and easement; multiple members said the small size and lack of buildable land reduced market value. After discussion the board moved and seconded a motion to have legal draft a 99‑year easement for Sub‑lot 2 and Sub‑lot 3 and approved materials (and possible use of county equipment) for a fence that Game and Fish will help install. The chair said county staff will send the draft easement to Zivolny and that if he refuses to sign, the county could turn the parcels over to the Game and Fish Department, which has said it will fence its property.
Board process and next steps: the board recorded roll call votes in favor and asked legal staff to draft the easement promptly; staff said the easement letter and draft would be sent to the property owner before a scheduled staff absence. Board discussion also included an option to include the parcels in the Blacktail Dam Association lease program and the possibility of replatting shoreline to match current actual land area.
What remains unresolved: board members noted that some shoreline rights (shore‑fishing access) persist despite erosion, and that even with an easement there may be neighbour concern. The county’s legal draft and Zivolny’s response are the immediate next steps, and staff said Game and Fish intends to send its own notice to the property owner to remove items from Game and Fish land.