Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Public Right Of Way Flood Mitigation topic
No spam. Unsubscribe anytime.
Town asks resident to move flood‑block barriers from road edge; council to inspect and consider liability letter
Summary
Bicknell council discussed four concrete flood‑control blocks placed at the edge of a roadway, agreed to ask the resident to move or rotate them off the asphalt edge, and will inspect the site before deciding next steps; the town attorney advised that a letter does not fully exempt the town from liability but documents the town's concerns.
At the July 31 Bicknell Town work meeting, council members discussed four large concrete blocks placed on private land at the edge of the town road to divert floodwater into a homeowner's yard. The blocks sit close to the edge of the asphalt and council members raised safety and right‑of‑way concerns.
Council members said the town had received a letter and that town counsel had been consulted. One council member summarized the town's position: "We're not saying you have to take it down, but you were notifying that you're liable for anything that happens to anybody," noting the letter documents the town's concerns but does not necessarily exempt the town from liability.
Council members said the blocks reduce flooding for the property owner but encroach on the road edge and may create a collision hazard for drivers. At the meeting the council asked residents and board members to visit the site and recommended a practical interim fix: rotating or moving the two corner blocks slightly so they no longer sit immediately adjacent to the asphalt.
Next steps and legal context
Council members agreed to invite the property owner, identified at the meeting as Emily, to appear before the town board next week if necessary, but first asked board members to inspect the location and propose specific instructions. The town attorney's office reviewed the situation and advised the council that a signed letter requesting relocation would put the town on record but would not necessarily eliminate liability if a crash or injury occurred.
Council members discussed right‑of‑way boundaries: while a property owner's deed line may extend to the road surface in places, the town retains the road right‑of‑way and control over what is placed in it. A council member said the blocks should be rotated inward and that the town would accept no liability if an incident occurred while the blocks remained in place.
Ending
Council members decided to take one week for site visits, ask staff to finalize an advisory letter for the property owner, and return to the matter at the next town board meeting with specific recommendations.
