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Emmons County Commission approves closure of long-unused section line north of Highway 83
Summary
After a public hearing, the Emmons County Commission voted to close a section line between the north halves of Section 7 and Section 8, Township 130 Range 75, finding it unused and redundant to the nearby highway and other public routes.
The Emmons County Commission voted to close a section line between the north half of Section 7 and the north half of Section 8 in Township 130 Range 75 after a public hearing and discussion with residents and county staff.
Petitioners told the commission the section line has been fenced and unused for decades. A petitioner who read a written statement to the commission said the line "has not been used for over 70 years" and described rock-filled conditions and the cost of four culverts the county would need if the road were reopened. The petitioner pointed to historical actions by local townships in the 1950s that, they said, effectively removed the route from public use.
County staff and a legal advisor explained the statutory standards the commission must find to close a section line under state law. One county official told the panel that, "after reading the Century Code, you guys can close it down as long as you find one of the four reasons are true," and recommended the commission hear from any potential opponents before deciding.
No residents spoke in opposition during the hearing. Commissioners discussed whether the parcel had alternate access from Highway 83 or nearby county roads and whether allowing continued farming without a formal closure could be treated as encroachment. Commissioners also noted possible future uses and the permanence of a closure. After the hearing, Commissioner Jim Gunn moved to close the section line; Commissioner Jim Vandiver seconded the motion. The chair called for a vote; commissioners voted in favor and the motion carried.
Petitioners were told they would need to coordinate any approach or driveway work with the state if they widen access onto Highway 83, and the county noted that any future widening or change of use could require permits and bonds from the state highway authority.
The commission’s action will be recorded in the county minutes and the petition file; staff said the county will notify relevant township and state offices as required by statute.
