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Tanglewood residents press commissioners to take an official position after court ruling; commission cites 2014 resolution

3382591 · May 19, 2025
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Summary

Lake-community residents told the board that recent court rulings and recorded plats indicate Tanglewood Lakes roads are public and urged the commission to take an official, recorded position; commissioners moved to refer back to Resolution 2014-16, which the board said keeps such lake communities privately maintained.

A prolonged public comment session May 19 brought Tanglewood Lakes property owners to the Linn County Commission seeking clarity on whether subdivision roads are public or private following recent court activity.

Multiple residents and community representatives — including Jim Hendershot, Heather Brecht and Don Benedetti — urged the commission to either formally accept the district court ruling or to adopt a written, voted position to end ongoing uncertainty. Hendershot provided historical documents and plats, saying the recorded plats include dedication language: “we ... do hereby dedicate all streets as shown on the plat to the public forever,” and asked the commission, “When was this decision made? And is this the official position of the Board of County Commission?”

Speakers said the ambiguity is harming property sales, tax equity, and local safety. “We feel dismissed and like an afterthought … Your inaction is not only jeopardizing property values, it is compromising the safety of our community and the health of our lakes,” real estate agent Heather Brecht told the board.

Don Benedetti told commissioners that residents are considering legal action if the county does not take an official, recorded stance or provide restitution for services not provided despite years of tax payments.

After extended public comment and a closed-session discussion on potential litigation, Commissioner Johnson moved that the board “refer back to resolution 2014-16,” which he described as the county’s earlier handling for privately owned communities; the motion was seconded and approved by voice vote. County Councilor Jacqueline Paletta had earlier advised the commission that some communications were legal opinions and that the court matter cited had stemmed from a criminal case, creating complexity in how the county should respond in minutes and public documents. The board also entered an attorney-client executive session on the topic; no formal change beyond the referral to Resolution 2014-16 was recorded in open session.