Missoula County approves petition to abandon 30-foot right-of-way on Clark Avenue

The Missoula County Board of Commissioners voted to approve a petition to abandon a 30-foot public road right-of-way adjacent to Lots 1 and 10 of Burns Addition.

Sam Scott, Clerk and Recorder, introduced the second/third hearing and said the city had de-annexed the area and the petition could proceed under county jurisdiction. Mike Tester, Land Survey Manager in the county surveyor’s office, presented the road investigation and said investigators met on-site and found no physical road built within the described right-of-way. Tester said the parcel is narrow and the property owner’s house sits adjacent to the area that would otherwise contain a road. “Road investigators recommend abandonment of the public road right of way as described in the petition,” Tester said.

Kirk Mace, identified at the hearing as the nearby property owner, was present during the investigation and provided information to staff. After staff presentation, a commissioner moved to approve the petition as presented; the chair called for a second and the motion carried with the board voting in favor.

The action removes the described public road right-of-way from county maintenance obligations and clears the title interest the petition identified. No specific conditions or financial obligations tied to the abandonment were stated on the record. The county record and hearing materials noted that agency and jurisdictional questions around de-annexation were resolved prior to the hearing.

The petition and the investigation report are part of the county’s public record and were presented to the commissioners for final action during the hearing.