Carter County commissioners cancel warrant tied to Durham Road easement, will reevaluate

The Carter County Board of Commissioners voted unanimously to cancel a warrant tied to a disputed Durham Road easement and said they will reevaluate the matter later.

Commissioner Pam Casselberry moved to “cancel that warrant,” and Commissioner Dan seconded the motion. Chairman (name not specified in record) called for a vote; commissioners responded “Aye,” and the motion carried unanimously.

The action removes from the county’s books a claim identified by claim number 42939 and warrant number 42493 that had been listed as payable to the Montana Department of Natural Resources and Conservation (DNRC). County staff told the commission the warrant currently holds funds for an easement; the commissioners agreed the funds were “just sitting there” while title and access questions remain unresolved.

Commissioners described a related lawsuit alleging the county closed a road improperly and debated whether the county would be required by a court to rebuild public access. Some commissioners said the county might lose such a challenge and be ordered to restore access, while others urged caution because of uncertainties about who holds legal access and what the state’s position would be. One commissioner said the state “isn’t going to give up access,” and that legal precedent favors public access in similar matters.

The board specifically instructed staff to remove the warrant from active payables and to revisit the matter at a later meeting after additional information is collected.

No new appropriation was made. The motion to cancel the warrant was recorded as passed by unanimous voice vote.