Board discusses easement dispute tied to county tax-foreclosed parcel, sets Jan. 23 follow-up

The Yamhill County Board of Commissioners on Jan. 9, 2025 set a previously opened public hearing about a county tax-foreclosed parcel over for two weeks so parties could pursue an access easement.

Staff advised the board that a sealed bid opening was before the board for tax lot R3215AA00400 and that the board had previously approved acceptance of a bid from the Geneva J. Hoy Trust in the amount of $16,119 contingent on negotiation of an easement agreement with neighboring property owners. Multiple speakers told the board new survey information had changed the parties'understanding of where an access road lies.

Michael Gunn, an attorney representing David and Roberta Charlton, told commissioners that a recent survey by Lee McDonald indicated the long-used road over the parcel appears to lie entirely on county-owned property, not where earlier maps showed. Gunn said that finding "present[s] some legal issues" and that his clients would like time to complete additional documentation and negotiations.

Public commenters including Joseph Michalski and other neighbors said they supported allowing more time for the parties to reach an agreement and asked the board to continue the hearing.

A commissioner stated they would recuse themselves from the discussion because of a family connection to the bidder; the recusal was noted on the record. The board directed staff to place the item on the Jan. 23 agenda for further consideration.

The record includes reference to a 2023 precedent in which the county encumbered a tax-foreclosed parcel with an access easement before completing sale; counsel supplied that example to illustrate a potential path forward.

Next steps: parties will continue negotiating an ingress/egress easement; the board will revisit acceptance and conveyance on Jan. 23, 2025.