Commissioners discuss right‑of‑way intrusions and enforcement steps after snow operations reveal hazards

Atchison County commissioners discussed the safety risks posed by private intrusions into county road rights of way and agreed on an approach combining direct outreach, written notification and escalation where necessary.

Commissioners said several instances of debris, equipment and parked vehicles in rights of way have made snow removal and roadside mowing more difficult and could present safety hazards if a vehicle leaves the roadway. Commissioners described contacting property owners in their districts; in many cases the owners agreed to remove material but follow-up showed some properties remained uncorrected.

County counsel (responding during the meeting) explained liability guidance under the Kansas Tort Claims Act and described enforcement options. Counsel said decisions about enforcement involve discretion and that while the county could be named in litigation, courts would determine liability under the Kansas Tort Claims Act; criminal enforcement (tickets or charges) is handled by the sheriff or county attorney, while civil remedies and formal notices would involve county staff.

Commissioners instructed staff to document contacts in writing and to follow up with the property owners; they discussed issuing letters when phone contact is unsuccessful. Commissioners also discussed the statutory prohibition on obstructing public highways and the option of removing items from the right of way when practical, recognizing that removal may be more effective than civil penalties in some cases. Removal steps would be taken after established notice procedures and would depend on the nature and extent of the obstruction.

The board asked staff to continue recordkeeping of phone calls and emails, to escalate enforcement only where a hazard or noncompliance persists, and to coordinate with the sheriff or county attorney for criminal enforcement if warranted.