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Commissioners authorize legal action after dispute over fence encroachment on county right-of-way at Flum Lane
Summary
After resident testimony and technical review, the board authorized the District Attorney's Office to pursue legal remedies to remove a fence the county says encroaches on a right-of-way at 3018 Flum Lane; residents disputed the claim and said they obtained a TCID permit and neighbor support.
The Board of County Commissioners voted to authorize the District Attorney's Office to take any and all appropriate legal action against Jeremy Mike Reynolds and Andrea Reynolds over a fence the county says encroaches on the county right-of-way at 3018 Flum Lane.
Joe Sanford, representing county staff and the District Attorney's Office, told the board notice had been provided to the Reynolds' attorneys and summarized the county's position: the fence is newly constructed inside the county right-of-way, county staff and the owners had requested removal, and the owners refused. Sanford said the county would seek to protect its right-of-way and, if an agreement could not be reached, would have surveyors stake the roadway and remove obstructions as necessary.
Andrea Reynolds addressed the commissioners, saying she and her partner believed the fence replaced a prior fence and that they obtained a permit from the Truckee-Carson Irrigation District (TCID) in 2022 to place fencing near the ditch. "Jeremy attended a hearing ... He asked them if there were any fence restrictions. And they told them to use whatever he wanted, as long as there were gates on both ends," Reynolds said. She added that the couple paid $300 for the permit and that several neighbors initially approved of the fence.
Sanford said county reviewers, including the Road Department, had concluded the fence impedes sight lines at the intersection of Flum and St. Clair and that multiple complaints prompted action. He told the board the county could stake the right-of-way and, if necessary, remove the obstruction and seek compensation. "If we can't come to an agreement ... the obligation from the county will be to just remove the obstruction inside the encroachment and seek damage and compensation for its time," Sanford said.
Public testimony included neighbors who supported the fence or suggested mitigation such as lowering the fence at the corner rather than full removal. Bob Ghetto, Churchill County Public Administrator, confirmed the county is coordinating with an owner's next of kin and would pursue clean-up or title resolution through probate where necessary.
After discussion, a commissioner moved to authorize the DA's office to proceed. The motion passed with the board voting in favor. Commissioners said staff should attempt to resolve the matter where possible but proceeded to authorize legal action to protect the right-of-way.
