Leavenworth County commission adopts right-of-way vacation policy after clarifying survey step

The Leavenworth County Board of County Commissioners voted to adopt a county policy governing future right-of-way vacation requests, amending the draft to clarify when a property survey must be approved for recording.

The change, approved during discussion of the policy, specifies that a certificate of survey will be reviewed and approved by the county surveyor for recording after adoption by the county commission rather than requiring the survey be recorded before an application is accepted. A county staff member said the policy was intended to avoid requiring property owners to record a survey before commission action: “The policy is not intended that the survey be actually recorded until the commission actually approves the vacation. It's intended that the survey be ready for recording after it's approved.”

The policy debate began during public comment when Joe Herring, who said he lives in Commissioner Vanessa Reed’s district, urged the commission to revise the draft so property owners would not be required to pay to record surveys before their applications were considered. “I think that's a little inverted. You need the survey be approved during the process after application instead of making the property owner go through that expense,” Herring told the board. He also asked the county to identify exemptions in the policy for rights-of-way that were previously returned or acquired through land splits or other exchanges.

County staff told commissioners that the policy’s notice and public hearing requirements would remain unchanged and that the policy’s purpose is to make the road-vacation process clearer and to protect taxpayers and utilities from unintended consequences. The staff presentation noted cases where an earlier vacation created access problems for parcels and required the county to reacquire right-of-way later.

After discussion, a commissioner moved to adopt the policy with amended language in subsection 3(e), and the board voted to approve the policy as amended. The motion included the clarified language that the certificate of survey will be reviewed and approved by the county surveyor for recording after adoption by the county commission.

Votes at a glance - Adopt consent agenda as presented: approved (board vote recorded as ayes). - Adopt right-of-way vacation policy (amend subsection 3(e) so surveys are approved for recording after commission adoption): approved (board vote recorded as ayes). - Approve September proclamations as presented: approved (board vote recorded as ayes). - Recess to executive session to consult with counsel on contract negotiations (attendees listed in motion): motion approved; no action reported on return to open session. - Direct staff to extend EMS contract with Fort Leavenworth for 30 days and continue ambulance services with $1,000,000 per year as a prerequisite for continuing the contract: motion approved (board vote recorded as ayes).

The board’s discussion emphasized balancing clear, consistent procedures with avoiding unnecessary upfront costs for applicants. Commissioners said the county should keep the public-notice and hearing steps that safeguard neighbors and utility interests while making the application steps less burdensome. The adopted amendment narrows the requirement to ensure the survey is ready to record after commission approval rather than recorded beforehand.

The meeting also included a quarterly presentation from the Leavenworth County Development Corporation and routine administrative business. The board recessed into executive session to consult with legal counsel on contract negotiations and returned to open session with no final action reported from the closed meeting.

The new policy text and any implementing procedures will be published by county staff in the county’s records when available.