Leopold resident objects to proposed county guardrail near longtime pond; county to pause until power-line work is clarified

Mark Grossman, a Leopold resident, told the Perry County Commissioners on April 7 that he opposes a proposed county guardrail that would be installed along the road edge adjacent to a pond on his property.

Grossman said the pond has been in place since at least 1978 and that he has invested about $30,000 in dirt work and landscaping to make the area mowable. "It's my front yard, and it's gonna decrease the value of my property," he said. He also said Southern Indiana Power is planning to move three-phase power lines from his field to the road and that the utility's planned poles are staked on the same strip of right of way where the county proposes the guardrail.

The county's highway representative, identified in the meeting only as Steve, said the department has received complaints about that location and other similar locations countywide and must consider limiting liability. "If I don't do anything about it and somebody runs in there, we're gonna get sued, and we're gonna be liable for it," Steve said. He added that engineers have assessed similar locations and that guardrail design must consider underlying slope and riprap to avoid creating a worse hazard.

Commissioners and staff discussed alternatives and constraints: cable barriers used on interstates are not permitted for side-of-road installation, and guardrail design must be deep enough so that a vehicle striking it would not be driven over a slope. Steve and other commissioners repeatedly said they want to avoid installing a barrier that increases liability rather than reduces it.

By consensus of the speakers on the record, the county will temporarily hold action on the guardrail installation until the highway staff coordinates with the local electric cooperative/utility about the planned pole relocation. Commissioners asked staff to notify Grossman when the item returns for further action and review pictures and comparisons Grossman provided of nearby locations. No formal motion to install the guardrail was recorded at the meeting.

Why it matters: The exchange illustrates how small counties balance public-safety infrastructure, private-property impacts and utility relocations. Residents who improve land adjacent to county right of way may nonetheless face safety-driven roadway changes; in this case the county deferred action pending additional coordination with the utility.

The commissioners asked Steve to follow up with the utility and to notify Grossman of any future hearings or actions on the guardrail.