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Court agrees to negotiate easement across county property to provide access to landlocked parcel
Summary
The court approved negotiating an ingress and egress easement across a county-owned 40-acre parcel to provide legal access to a landlocked 160-acre parcel owned by applicant Rachel Johnson; applicant will bear surveying and related costs.
Harney County Court voted Nov. 5 to support negotiations to establish an access easement across a county-owned 40-acre parcel to reach a landlocked 160-acre property, after hearing a petition presented by attorney Colby Marshall on behalf of applicant Rachel Johnson.
Marshall described the parcel as landlocked by private owners on the road side and federal refuge/BLM lands on other sides. He said the Johnson family is willing to pay for survey and easement-related costs and asked the county to negotiate a reasonable recorded ingress-and-egress easement to provide legal access consistent with county zoning.
County counsel provided a legal background summary noting an ordinance (2002-52) that removed county court jurisdiction over statutory ways of necessity and recommended negotiated agreement rather than a court-ordered statutory way. Following discussion, Commissioner moved and the court voted in favor of negotiating and supporting the application, with the applicant to bear reasonable associated costs. The motion passed by voice vote.
The easement, if finalized, would allow legal access for building permits and future ownership transfers; the court and staff also discussed whether the county-owned parcel (a former landfill) could be sold in the future but noted EPA and monitoring considerations that may limit disposal.
