Property owner provides survey claiming 40‑foot right‑of‑way on Unity/Quail roads; commissioners defer to county counsel

A Bourbon County property owner asked the Board of County Commissioners on Sept. 22 to confirm that two short rural routes near his property remain county roads and should be maintained.

At the meeting the commenter (identified in county minutes as Mr. O’Hare) said he had obtained a certified 1977 survey showing pins and a 40‑foot right‑of‑way along what he described as sections of Unity and Quail roads adjacent to his and a neighbor’s property. He said road signs and stop signs had been removed and county maintenance had ceased years ago. “The pins don’t lie,” he told the commissioners, and he provided a copy of the survey to the county clerk.

Why it matters: ownership and maintenance responsibility for rural rights‑of‑way determine who pays for repairs and whether property sales require county action. The homeowner said a title company is withholding closing steps because the county has not officially recognized the road as open on county maps.

Commissioner response

Commissioners said the survey and supporting materials would be forwarded to county counsel for legal review. Commissioner Tran and others noted that an attorney representing the neighbor has already contacted the county counselor, and that the presence of ongoing legal contact means the board should not take direct action while counsel investigates and provides guidance. “We can’t act on it until legal counsel gives us,” Tran said.

Board members also discussed county mapping history and the formal process for adopting county road maps. The commenter said Bourbon County maps published around 2011 and 2012 differed and that the public works director in the intervening years used an incorrect map to justify changing maintenance status. Commissioners said staff will pass the new survey and documents to counsel for verification and to determine whether the county’s records need updating.

No formal decision

The board did not vote on road status during the meeting. Commissioners agreed to forward the owner’s certified survey and supporting materials to the county counselor and to revisit the matter after receiving legal advice. The owner requested a timetable; commissioners said the item had been placed back on the agenda for Sept. 29 but added that counsel’s involvement could affect scheduling and that a special meeting could be convened if the sale was jeopardized.

Clarifying context

The commenter referenced Kansas statutes for road closures (KSA 68‑102 and 68‑102a) and asserted that county process must follow statutory requirements and formally include affected landowners and any required compensation if closure occurred under the relevant statutes. Commissioners did not dispute the citations but said they would rely on counsel to interpret statutory obligations and to review whether the county followed proper procedures in the past.

Ending

The commissioners asked county staff to pass the certified survey to the counselor and to provide a timeline for the owner. No map or maintenance change was approved at the meeting.