Emmons County commissioners deny petition to close section line near Linton; order encroachments removed

Emmons County Commissioners on Sept. 9 denied a petition to close a section line that runs east from the southwest corner of Section 17, Township 132, Range 76, following a public hearing in which neighboring landowners said the line provides essential access and petitioners said the line is effectively unusable.

The petition was brought by Kenny Joltan; commissioners voted to deny the closure and separately voted to direct county staff to send certified letters to the landowner(s) with encroachments on the section line ordering removal of materials to restore the 33-foot clear right-of-way.

Why it matters: Petitioners asked to close the section line to allow planting and private use; neighbors and users said that closing the line would cut off access to a sizeable portion of farm ground and to seasonal grazing and renter access. Commissioners said the record now shows visible encroachment on the public right-of-way and that the county cannot leave known encroachments unaddressed.

At the hearing, Joltan described his purpose for the petition as limited and practical. "I'm not here to cause any problems or anything stepping on anybody's toes. I just wanted to plant some trees on the section line that goes nowhere," he said. Several neighbors and family members said the section line remains the most viable access to upper portions of parcels and to pasture ground after floods.

"Our biggest concern is, in overall, is getting access to that piece of property, which is a huge amount of their acreage. It's also the access to that upper, portion of the property, from Highway 83," said Mark Andrews, who identified himself as the son-in-law of landowner Leo Karabosch. Andrews described annual spring flooding and times when the spillway road across low ground has been the only practical access for cattle and for renters who work the property.

Speakers raised technical obstacles to reopening the section line as a passable road: several residents and staff noted watercourses, beaver and creek crossings, offset culvert work near a former railroad bed and steep grades that would make building an all-season approach expensive and potentially subject to state approval. County staff and the commission discussed that establishing a drivable approach in some places would require new culverts and coordination with state road authorities because of the line's proximity to Highway 83 and the historic railroad right-of-way.

Commission action and follow-up: The commission voted to deny the petition to close the section line. The board also approved a motion that certified letters be sent to the private property owner(s) encroaching on the section line requiring removal of temporary and semi-permanent material so the county's 33-foot right-of-way is clear. County staff said the letters will be prepared and sent by certified mail; staff will work with the county attorney and road supervisor to identify precisely what must be removed and to confirm the encroachment locations by survey where necessary.

What remains unresolved: Petitioners and neighbors discussed private easements and the possibility of negotiated access agreements in place of a formal section-line closure. Commissioners and staff noted that improving an approach over the old railroad bed or across low ground would likely require additional engineering, potential easements and, in some spots, state approval for approaches off Highway 83. The county did not authorize road construction to build an all-weather approach during this meeting.

Votes at the meeting on this item were recorded as carried; staff will follow up with certified-notice letters and will coordinate any required surveys or legal steps to document the encroachments and next steps.