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County to inspect County Road 54 right-of-way after landowner raises survey and utility concerns; site visit added to road tour
Summary
A property owner raised concerns that County Road 54's roadway and utilities may encroach on private land. County staff reported historically maintaining the roadway and noted assessor records that remove roughly one acre associated with the right-of-way; commissioners agreed to include the location on next week's road tour for on-site review.
Benton County will inspect a segment of County Road 54 after a landowner said recent utility work and a lack of recorded easement documentation suggest the road or utilities may be on private land. County highway, assessor and planning staff reported preliminary findings and placed the location on the board's upcoming road-tour itinerary.
Why it matters: The landowner said stakes from a private survey indicate the county-maintained roadway may lie within a private parcel, raising questions about whether utility installations could be on private property and whether the county or utility companies hold appropriate permits or easements. The practical consequences include vehicle-turning constraints for the owner and potential maintenance or utility relocation costs.
County staff explained that the roadway has existed in official maintenance records since at least the 1940s and that many rural roads in the county are established by long-term "width of use" and maintenance rather than by explicit recorded fee-title conveyances. Staff also noted the assessor has been assigning zero value to roughly one acre of land where a 33-foot road right-of-way runs along a 40-acre parcel, which is consistent with treating that acreage as public right-of-way for tax purposes.
Commissioners and staff discussed utility placements and whether the utility provider, East Central (utility company), had permits on file for the work at issue. County staff said East Central indicated it has not performed recent work there and that the transformer/pedestal in question has been in place for an undetermined period.
Because the ownership and easement questions require on-the-ground review, the board agreed to make the County Road 54 location a stop on the next scheduled county road tour to view the stakes, utilities and roadway alignment and to consult recorded documents, survey material and utility-permit records.
Ending: County staff will collect available survey and assessor records and utility permitting information before the road-tour stop; commissioners said the site visit will help determine whether further legal or engineering steps are necessary.
