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Resident raises right‑of‑way and access concerns near Legion Hall; staff outlines title, prescriptive easement and possible relocation funding for the building
Summary
A resident told the Orderville Planning and Zoning Commission on May 28 that a former gated access behind the American Legion Hall historically provided access to his property and asked how to document or reestablish that right‑of‑way.
At the start of public comment on May 28, a property owner raised concerns about access to a parcel adjacent to the American Legion Hall and asked how the town documents rights‑of‑way and whether an old gate and route behind the hall still provide lawful access.
Town staff told the resident the town keeps a 1951 plat of Orderville that documents streets and rights‑of‑way; staff said a title search (county records) is a usual step to verify recorded easements. Staff also explained the difference between recorded easements and so‑called prescriptive easements — rights created by open, continuous use for a statutory period (often 20 years) but not recorded — and cautioned that converting a prescriptive easement into a recorded legal easement typically requires a court decision and can be legally and factually messy.
The resident asked whether the loss of the gate or a new encroachment could landlock his property. Staff said that if other legal access exists, a court may not recognize prescriptive access, and that legal counsel is often necessary to resolve competing access claims. The resident was advised to examine title records and county mapping and, if necessary, bring legal action.
Separately, staff reported that they have discussed an alternate plan for the American Legion building: the Glendale Town Council has expressed interest in relocating the Legion structure to Glendale Town Park (behind the Glendale fire station). Staff said the town is preparing an agenda item to consider providing funding to move and re‑erect the Legion building (excluding the slab) as an alternative to demolition. The staff member said the relocation would aim to preserve the structure and noted that if relocation proceeds the town would confirm property boundaries and survey any affected lots before work begins.
What’s next: Staff recommended the resident check the 1951 recorded plat and county title records to confirm any recorded right‑of‑way, consult a land‑use attorney if needed about prescriptive easement claims, and await any formal agenda item about Legion Hall relocation that will include details about proposed funding and property surveys.
