County staff updated commissioners on a dispute over a fiber-optic route and related right-of-way offers, saying prior administrative rulings classify the telecommunications provider as a public utility and that staff are continuing document exchanges with landowners’ counsel.

Clayton, representing county staff on right-of-way matters, told the board the county is preparing and sending qualified-offer letters to landowners along 800 North as the first formal step in acquiring necessary right-of-way. He described the outreach as the standard pre-litigation step when prior offers did not produce the needed responses.

On the question of Zayo’s regulatory status, Clayton said the company previously obtained an administrative order from the state regulatory body designating it as a public utility under state law; staff have that order on file and provided it to landowners’ counsel. “Running this fiber through is kind of like, the state of Indiana more or less saying, hey. This is a public utility,” Clayton said. He added that, because the previous landowners no longer possess property on the new route, the attorneys representing the prior landowners continue to request documentation but that the county and its counsel will respond as a courtesy.

Clayton said there is no active lawsuit at this time and that current landowners on the new route have not shown damage that would support civil litigation; staff will provide permits and materials as requested by counsel and continue coordination.

The board received the update as an informational briefing; commissioners did not take a separate formal vote on litigation or condemnation during the meeting.